N.Y. PEP Law § 441 — New York Code / Act PEP / Article 10-B / Section 441
Definitions
Status: in_force

§ 441. Definitions. 1. (a) "Telephone sales business" shall mean a\nbusiness which is primarily engaged in the solicitation of orders by\ntelephone for:\n  (1) merchandise or services connected with merchandise to be shipped\nto the customer through the mail or by other carrier, upon receipt of an\norder in a communication initiated by the seller with charge account\nauthorization remitted by telephone and the merchandise by its nature is\nready for use or consumption when advertised or offered for sale and can\nbe held in stock;\n  (2) vacation club membership, vacation packages or other travel\nservices.\n  (b) The term "telephone sales business" does not include a\ntransaction:\n  (1) where the purchase price whether under single or multiple\ncontracts, does not exceed twenty-five dollars and the products, goods\nor merchandise purchased are capable of delivery at one time; or\n  (2) pertaining to the sale or rental of real property, to the sale of\ninsurance or to the sale of securities or commodities by a broker-dealer\nregistered with the securities and exchange commission or with the\ndepartment of law; or\n  (3) pertaining to the solicitation of sales by a catalog seller who\nperiodically issues and delivers catalogs to potential purchasers by\nmail or by other means; provided, however, that this exception shall\nonly apply if the catalog includes a written description or illustration\nand the sales price of each item of merchandise offered for sale,\nincludes at least twenty-four full pages of written material or\nillustrations, is distributed in more than one state, and has an annual\ncirculation of not less than two hundred fifty thousand customers; or\n  (4) pertaining to a renewal or continuation of an existing or prior\ncontractual relationship or prior purchasing relationship between a\nbuyer and a seller; or\n  (5) pertaining to the sale of a vacation or travel service which is\noffered by a:\n  (i) person, firm, corporation, partnership or association that is an\nofficially appointed agent of a common carrier and meets applicable\nstandards no less than those required for authorized agents of the\nairline reporting corporation; or\n  (ii) person, firm, corporation, partnership or association that is a\nregistered member in good standing of the cruise lines international\nassociation and who solely solicits and/or sells travel services and\nproducts as an officially appointed agent of one or more ocean carriers\nin the sale of the ocean carrier's travel services pursuant to the\nagency appointment.\n  (6) Pertaining to a sale in which the seller at a minimum has a policy\nof:\n  (i) accepting returns or canceling services, for a period of not less\nthan seven days after the date of delivery to the customer and providing\na cash refund for a cash purchase or issuing a credit for a credit\npurchase, which credit is applied to the account on which the purchase\nwas debited, in connection with the return of its unused and undamaged\nmerchandise or canceled services;\n  (ii) disclosing such seller's return and refund policy to the buyer,\norally by telephone or in writing with advertising, promotional\nmaterial, or with delivery of the products or service; and\n  (iii) restoring such payment or issuing such credit, as required under\nclause (i) of this subparagraph, within thirty days after the date on\nwhich the seller receives returned merchandise or notice of cancellation\nof services. A seller who discloses, in writing, that a sale is made or\nprovided "satisfaction guaranteed", with "free inspection", "no risk\nguarantee", or similar words or phrases shall be deemed to meet the\nrequirements of the review and return for refund policy set forth in\nthis subparagraph.\n  2. "Telephone sale" shall mean any of the transactions referred to in\nsubdivision one of this section and shall include transactions initiated\nby a consumer as a result of a mail solicitation inviting such telephone\ncall.\n  3. "Merchandise" shall mean tangible chattels bought for personal,\nfamily or household purposes.\n  4. "Shipment" shall mean the act whereby the seller physically places\nthe merchandise into the possession of the United States postal service\nor other carrier.\n  5. "Accepts orders" shall mean receipt of an order with charge account\nauthorization and debiting the buyer's account.\n  6. "Purchase price" shall mean the total price paid or to be paid for\nthe merchandise, including all interest and service charges.\n  7. "Business day" shall mean any calendar day except Sunday, or the\nfollowing business holidays: New Year's Day, Martin Luther King Day,\nWashington's Birthday, Memorial Day, Independence Day, Labor Day,\nColumbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.\n