{"data":{"id":"us-ky/krs-367.46973","jurisdiction":"us-ky","citation":"KRS 367.46973","heading":"Contents of filing.","body":"Each filing pursuant to KRS 367.46971 shall contain the following information:\n(1) The name or names of the telemarketing company, including the name under which\nthe telemarketing company is doing or intends to do business, if different from the\nname of th e telemarketing company, and the name of any parent or affiliated\norganization that will engage in business transactions with purchasers relating to\nsales solicited by the telemarketing company, or that accepts responsibility for\nstatements made by, or acts of, the telemarketing company relating to sales solicited\nby the telemarketing company;\n(2) The telemarketing company's business form and place of organization and, if the\ntelemarketing company is a corporation, a copy of its articles of incorporation an d\nbylaws and amendments to those, or, if a partnership, a copy of the partnership\nagreement, or if operating under a fictitious business name, the location where the\nfictitious name has been registered, along with a copy of the registration documents.\nThe same information shall be included for any parent or affiliated organization\ndisclosed pursuant to subsection (1) of this section;\n(3) The complete street address of all locations designating the principal location from\nwhich the telemarketing company will  be conducting business. If the principal\nbusiness location of the telemarketing company is not in this state, then the\ntelemarketing company shall also designate which of its locations within this state is\nits main location;\n(4) A listing of all telephone numbers to be used by the telemarketing company and the\naddress where each telephone using each of these telephone numbers is located;\n(5) The name of and the office held by the telemarketing company's officers, directors,\ntrustees, general and limited pa rtners, sole proprietor, and owners and the names of\npersons having management responsibilities in the telemarketing company's\nbusiness activities;\n(6) The principal residence, the date of birth, and the driver's license number and state\nof issuance of each person named pursuant to subsection (5) of this section;\n(7) The name and principal residence of each person the telemarketing company leaves\nin charge at each location in which the telemarketing company does business in this\nstate, and the business location at which each of these persons is in charge;\n(8) A statement, meeting the requirements of this subsection, as to both the\ntelemarketing company, whether a corporation, partnership, firm, association, joint\nventure, or any other type of business entity and as to any person identified pursuant\nto subsection (5) or (7) of this section who:\n(a) Has been convicted of a felony or a misdemeanor involving a violation of this\narticle, or fraud, theft, embezzlement, fraudulent conversion, or\nmisappropriation of property. For purposes of this paragraph, a plea of nolo\ncontendere shall be considered a conviction;\n(b) Has had entered against him a final judgment or order in a civil or\nadministrative action, including a stipulated judgment or order, if the\ncomplaint or petition in the civil or administrative action alleged acts\nconstituting a violation of KRS 367.46951 to 367.46999, fraud, theft,\nembezzlement, fraudulent conversion, or misappropriation of property, the use\nof untrue or misleading representations in an  attempt to sell or dispose of real\nor personal property, or the use of unfair, unlawful, or deceptive business\npractices;\n(c) Is subject to an injunction or restrictive court order relating to business\nactivity as the result of an action brought by a fede ral, state, or local public\nagency or unit of that agency, including but not limited to an action affecting\nany vocational license; or\n(d) Has during the previous seven (7) tax years filed in bankruptcy, been adjudged\na bankrupt, been reorganized due to in solvency, or been a principal, director,\nofficer, trustee, general or limited partner, or had management responsibilities\nof any other corporation, partnership, joint venture, or business entity that has\nso filed or was so adjudicated or reorganized, durin g or within one (1) year\nafter the period that the person held that position.\nThe statement required by par agraphs (a), (b), and (c) of this subsection shall\nidentify the telemarketing company or person, the court or administrative agency\nrendering the conviction, judgment, or order, the docket number of the matter, the\ndate of the conviction, judgment, or orde r, and the name of the governmental\nagency, if any, that brought the action resulting in the conviction, judgment, or\norder. For purposes of paragraph (d) of this section, the statement required shall\ninclude the name and location of the telemarketing comp any or person filing in\nbankruptcy, adjudged a bankrupt, or reorganized due to insolvency, and shall\ninclude the date thereof, the court which exercised jurisdiction, and the docket\nnumber of the matter;\n(9) A list of the names, driver's license numbers an d states of issuance, principal\nresidence addresses, and telephone numbers of salespersons who solicit on behalf of\nthe telemarketing company, and any names the salesperson uses while soliciting;\n(10) A description of the items the telemarketing company is offering for sale and a copy\nof all sales scripts the telemarketing company requires salespersons to use when\nsoliciting prospective purchasers. If no sales script is required to be used, a\nstatement to that effect shall be included;\n(11) A copy of all sa les information and literature including but not limited to scripts,\noutlines, instructions, and information regarding how to conduct telephonic sales,\nsample introductions, sample closings, product information, and contest or\npremium-award information provided by the telemarketing company to salespersons\nor of which the telemarketing company informs salespersons, and a copy of all\nwritten materials the telemarketing company sends to any prospective or actual\npurchaser;\n(12) (a) If the telemarketing company  represents or implies, or directs salespersons to\nrepresent or imply, to purchasers that the purchaser will receive certain\nspecific items, including a certificate of any type which the purchaser must\nredeem to obtain the item described in the certificate, or one (1) or more items\namong designated items, whether the items are denominated as gifts,\npremiums, bonuses, prizes, or otherwise, the filing shall include the following:\n1. A list of the items offered;\n2. The actual value or worth of each item descri bed to prospective\npurchasers and the basis for the valuation; and\n3. The price paid by the telemarketing company to its supplier for each of\nthese items and the name, address, and telephone number of each item's\nsupplier;\n(b) If the purchaser is to receiv e fewer than all of the items described by the\ntelemarketing company, the filing shall include the following:\n1. The manner in which the telemarketing company decides which item\neach prospective purchaser is to receive;\n2. The odds a single prospective pur chaser has of receiving each described\nitem;\n3. The name and address of each recipient who has, during the preceding\ntwelve (12) months, or if the telemarketing company has not been in\nbusiness that long, during the period the telemarketing company has\nbeen in business, received the item having the greatest value and the\nitem with the smallest odds of being received; and\n4. All rules, regulations, terms, and conditions a prospective purchaser\nmust meet in order to receive the item; and\n(13) If the telemarke ting company is offering an investment, business, or employment\nopportunity, the filing shall include the following:\n(a) The number of consumers or investors who have participated to date;\n(b) The actual experience of the consumers or investors as measured  by standards\nused in the sales presentations; and\n(c) If the opportunity is so recent that no actual performance experience exists,\nthat fact shall be disclosed in all sales presentations, and no other\nrepresentation of performance shall be made in sales presentations.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34977","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"38dc0d68e99f1393a2dd266ca6561f4d4b22d27a2993fb3577418fa7a346f213","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.46971","next":"us-ky/krs-367.46977"},"notice":"GroundRules: Original legal text. Not legal advice."}