KRS § 367.46961 — KY Code / Title XXIX / Chapter 367 / Section 367.46961
367.46961 Cancellation of contract not reduced to writing -- Exception
Status: in_force

367.46961 Cancellation of contract not reduced to writing -- Exception.

(1) Unless the contract is reduced to writing in compliance with subsection (4) of this

section, a consumer may cancel a contract made as a result of a telephone

solicitation and obtain a full refund of all money paid, by returning the goods, if

any, undamaged and unused, or canceling services within the later of:

(a) Fourteen (14) calendar days following receipt of the goods; or

(b) Fourteen (14) calendar days following receipt of two (2) copies of a written

notice of cancellation rights containing the following language in no less than

ten (10) point, bold-faced type:

NOTICE OF CANCELLATION RIGHTS

BECAUSE YOU AGREED TO BUY THESE GOODS (or services or

other appropriate description) AS A RESULT OF AN UNSOLICITED

TELEPHONE CALL, KENTUCKY LAW GIVES YOU FOURTEEN

(14) DAYS TO CANCEL YOUR AGREEMENT WITH US. IF YOU

WANT TO CANCEL, YOU MUST SIGN YOUR NAME BELOW

AND RETURN A COPY OF THIS NOTICE, TOGETHER WITH

ANY GOODS YOU HAVE RECEIVED, SO THEY ARE

POSTMARKED NO LATER THAN MIDNIGHT OF THE

FOURTEENTH DAY FOLLOWING THE DATE YOU RECEIVED

THE GOODS OR AGREED TO THE SERVICES, OR THE

FOURTEENTH DAY FOLLOWING THE DATE YOU RECEIVED

THIS NOTICE, WHICHEVER IS LATER. THE NOTICE AND

GOODS MUST BE ADDRESSED AS FOLLOWS:

(Name and address of Merchant)

I want to cancel my agreement to purchase.

____________________________________

(Signature)

____________________________________

(Name of Consumer - Printed)

____________________________________

(Address of Consumer - Printed)

____________________________________

(Address - City, State, Zip)

____________________________________

(Date)

(2) The consumer shall be deemed to have complied with subsection (1) of this section

if the cancellation notice and goods, if any, are returned to the merchant and are

postmarked by midnight of the fourteenth day.

(3) The merchant shall process the refund due any consumer within thirty (30) days of

receiving the merchandise returned by the consumer or the written cancellation

provided in subsection (1) of this section.

(4) The cancellation period provided in subsection (1) of this section shall not apply to

a written contract signed by the consumer that:

(a) Complies with all applicable federal and state laws and regulations:

(b) Contains a description of the goods, services, investment or business

opportunity, extension of credit, or interest in realty matching the description

used in the telephone solicitation;

(c) Contains the name, address, and telephone number of the merchant, the total

price of the contract, including any finance or interest charges, and a detailed

description of the goods, services, credit, or interest in realty being offered;

(d) Contains all oral or written representations made to the consumer in

connection with the transaction; and

(e) Sets out in at least ten (10) point, bold-face type, immediately preceding the

signature, the following statement:

YOU ARE NOT OBLIGATED TO PAY ANY

MONEY UNLESS YOU SIGN THIS CONTRACT

AND RETURN IT TO THE MERCHANT.