{"data":{"id":"us-ky/krs-367.46951","jurisdiction":"us-ky","citation":"KRS 367.46951","heading":"Definitions for KRS 367.46951 to 367.46999 and 367.990.","body":"As used in KRS 367.46951 to 367.46999 and 367.990, unless the context otherwise\nrequires:\n(1) \"Telephone solicitation\" means:\n(a) A live or recorded communication sent by a telephone or message sent by a\nfacsimile machine to a residential, mobile, or telep hone paging device\ntelephone number, including a call made by an automatic dialing or recorded\nmessage device, for the purpose of:\n1. Soliciting a sale of consumer goods or services, offering an investment,\nbusiness, or employment opportunity, or offering a consumer loan to the\nperson called;\n2. Obtaining information that will or may be used for the solicitation of a\nsale of consumer goods or services, the offering of an investment,\nbusiness, or employment opportunity, or the offering of a consumer loan\nto the person called;\n3. Offering the person called a prize, gift, or anything else of value, if\npayment of money or other consideration is required in order to receive\nthe prize or gift, including the purchase of other merchandise or services\nor the payment of any processing fees, delivery charges, shipping and\nhandling fees, or other fees or charges; or\n4. Offering the person called a prize, gift, or other incentive to attend a\nsales presentation for consumer goods or services, an investment or\nbusiness opportunity, or a consumer loan; or\n(b) A live or recorded communication sent by telephone, facsimile machine,\nmobile telephone, or telephone paging device in response to inquiries\ngenerated by unrequested notifications sent by the merchant to persons who\nhave not previously purchased goods or services from the merchant or\ntelemarketer or who have not previously requested credit from the merchant,\nto a prospective purchaser if the merchant or telemarketer represents or\nimplies to the recipient of the notification that any of the following applies:\n1. That the recipient has in any manner been specially selected to receive\nthe notification or the offer contained in the notification;\n2. That the recipient will receive a prize or gift if the recipient calls the\nmerchant or telemarketer; or\n3. That if the r ecipient buys one (1) or more items from the merchant or\ntelemarketer, the recipient will also receive additional or other items of\nthe same or a different type at no additional cost or for less than the\nregular price of the items;\n(2) \"Telephone solicitation\" does not mean the following:\n(a) A telephone call made in response to an express request of a person called,\nunless the request was made during a prior telephone solicitation;\n(b) A telephone call made to the debtor or a party to the contract in conne ction\nwith the payment or performance of an existing debt or contract, the payment\nor performance of which has not been completed at the time of the call;\n(c) A telephone call to any person with whom the telemarketer or merchant has a\nprior or existing bus iness relationship, including but not limited to the\nsolicitation of contracts for the maintenance or repair of items previously\npurchased from the person making the solicitation or on whose behalf the\nsolicitation is made;\n(d) A telephone call made by the following:\n1. A merchant or telemarketer located in Kentucky to a location outside of\nthe Commonwealth of Kentucky;\n2. A telephone call made by one (1) merchant to another;\n(3) \"Consumer goods or services\" means goods, services, or interests in real prope rty\nused by natural persons primarily for personal, family, or household purposes;\n(4) \"Consumer loan\" means any extension of credit, including credit cards and other\nforms of revolving credit, to a natural person primarily for the purposes of\npurchasing consumer goods or services or for paying existing personal, family, or\nhousehold debts;\n(5) \"Consumer\" means a natural person who receives a telephone solicitation;\n(6) \"Legal name of the merchant\" means the real name of the merchant, as defined in\nKRS 365. 015(1), or the assumed name of the merchant for which all proper\ncertificates have been filed pursuant to KRS 365.015;\n(7) \"Merchant\" means the individual or business entity offering the consumer goods or\nservices, an investment, business, or employment opportunity, or a consumer loan;\n(8) \"Caller\" or \"sales person\" means the individual making the call or operating the\nautomatic dialing or recorded message device and causing the call to be made;\n(9) \"Office\" means the Office of Consumer Protection in the Of fice of the Attorney\nGeneral;\n(10) \"Automated calling equipment\" means any device or combination of devices used\nto select or dial telephone numbers and to deliver recorded messages to those\nnumbers without the use of a live operator;\n(11) \"Telemarketer\" m eans any person who under contract with a merchant or in\nconnection with a telephone solicitation initiates or receives telephone calls to or\nfrom a consumer of goods and services. A telemarketer includes but is not limited\nto any such person that is an ow ner, operator, officer, director, or partner to the\nmanagement activities of a business;\n(12) \"Publicly traded corporation\" means an issuer or subsidiary of an issuer that has a\nclass of securities which is:\n(a) Subject to Section 12 of the Securities Exch ange Act of 1934 (15 U.S.C. sec.\n78l) and which is registered or exempt from registration under paragraph (A),\n(B), (C), (E), (F), (G), or (H) of subsection (g)(2) of that section;\n(b) Listed on the New York Stock Exchange, the American Stock Exchange, or\nthe NASDAQ National Market System; or\n(c) A reported security within the meaning of subparagraph (4) of Regulation\nSection 240.11Aa3 -1.(a) under the Securities Exchange Act of 1934. A\nsubsidiary of an issuer that qualifies for exemption under this paragrap h shall\nnot itself be exempt unless at least sixty percent (60%) of the voting power of\nits shares is owned by the qualifying issuer;\n(13) \"Telemarketing company\" means a company whose primary business is to engage\nin telephone solicitation; and\n(14) \"Zero call list\" means the national Do Not Call Registry maintained by the United\nStates Federal Trade Commission containing the residential or wireless telephone\nnumbers of the individuals that indicate their preference not to receive telephone\nsolicitations.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54552","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"d8342e8d7e8810d3ce71b3ae50bf2b88f628bc4c72fda0cc332b1d3c7f3e24cb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.469","next":"us-ky/krs-367.46953"},"notice":"GroundRules: Original legal text. Not legal advice."}