KRS § 367.46955 — KY Code / Title XXIX / Chapter 367 / Section 367.46955
367.46955 Prohibited telephone solicitation acts and practices
Status: in_force

367.46955 Prohibited telephone solicitation acts and practices.

It is a prohibited telephone solicitation act or practice and a violation of KRS 367.46951

to 367.46999 for any person making a telephone solicitation through telecommunications

services or interconnected Voice over Internet Protocol or VoIP service to engage in the

following conduct:

(1) Advertising or representing that registration as a telemarketer equals an

endorsement or approval by any government or governmental agency;

(2) Requesting a fee in advance to remove derogatory information from or improve a

person's credit history or credit record;

(3) Requesting or receiving a payment in advance from a person to recover or otherwise

aid in the return of money or any other item lost by the consumer in a prior

telephone solicitation transaction;

(4) Requesting or receiving payment of any fee or consideration in advance of

obtaining a loan or other extension of credit when the telemarketing company has

guaranteed or represented a high likelihood of success in obtaining or arranging a

loan or other extension of credit for a person;

(5) Obtaining or submitting for payment a check, draft, or other form of negotiable

paper drawn on a person's checking, savings, or bond or other account without the

consumer's express written authorization, or charging a credit card account or

making electronic transfer of funds except in conformity with KRS 367.46963;

(6) Procuring the services of any professional delivery, courier, or other pickup service

to obtain immediate receipt or possession of a consumer's payment, unless the

goods are delivered with the opportunity to inspect before any payment is collected;

(7) Assisting, supporting, or providing substantial assistance to any telemarketer when

the telemarketing company knew or should have known that the telemarketer was

engaged in any act or practice prohibited under this section;

(8) Making a telephone solicitation to anyone under eighteen (18) years of age. When

making a telephone solicitation the telemarketer shall inquire as to whether the

person is eighteen (18) years of age or older and the answer shall be presumed to be

correct;

(9) (a) Causing misleading caller identification information to be transmitted to users

of caller identification services, or to otherwise misrepresent the origin of the

telephone solicitation.

(b) 1. This subsection shall not apply to solicitations which block caller

identification, nor shall it apply to solicitations in which the name and

telephone number of the party on whose behalf the call is made is

substituted for the name and telephone number of the actual caller.

2. This subsection shall not apply to a telecommunications, broadband, or

Voice over Internet Protocol service provider that is:

a. Acting in the telecommunications, broadband, or Voice over

Internet Protocol service provider's capacity as an intermediary for

the transmission of telephone service between the caller and the

recipient;

b. Providing or configuring a service or service feature as requested

by the customer;

c. Acting in a manner that is authorized or required by applicable

law; or

d. Engaging in other conduct that is necessary to provide service;

(10) Directing or permitting employees to use a fictitious name or not to use their name

while making a telephone solicitation;

(11) Threatening, intimidating, or using profane or obscene language;

(12) Causing the telephone to ring more than thirty (30) seconds in an intended

telephone solicitation;

(13) Engaging any person repeatedly or continuously with behavior a reasonable person

would deem to be annoying, abusive, or harassing;

(14) Initiating a telephone solicitation call to a person, when that person has stated

previously that he or she does not wish to receive solicitation calls from that seller;

(15) Making or causing to be made an unsolicited telephone solicitation call if the

residential number for that telephone appears in the current publication of the

national Do Not Call Registry maintained by the United States Federal Trade

Commission;

(16) Making telephone solicitations to a person's residence at any time other than

between 10 a.m. - 9 p.m. local time, at the called person's location;

(17) Selling or making available for economic gain any information revealed during a

telephone solicitation without the express written consent of the consumer;

(18) Making a telephone solicitation to any residential telephone using an artificial or

prerecorded voice to deliver a message, unless the call is initiated for emergency

purposes by schools regulated by the Kentucky Department of Education or the call

is made with the prior express consent of the called party; or

(19) Engaging in any unfair, false, misleading, or deceptive practice or act as part of a

telephone solicitation.