NY Pers Prop L § 441 (2021)
2021 New York Laws PEP - Personal Property Article 10-B - Telephone Sales Protection Act 441 - Definitions.

§  441.  Definitions.  1.  (a) "Telephone sales business" shall mean a business which is primarily engaged in the  solicitation  of  orders  by telephone for:  (1)  merchandise  or services connected with merchandise to be shipped to the customer through the mail or by other carrier, upon receipt of an order in a communication initiated by the  seller  with  charge  account authorization remitted by telephone and the merchandise by its nature is ready for use or consumption when advertised or offered for sale and can be held in stock;  (2)  vacation  club  membership,  vacation  packages  or  other travel services.  (b)  The  term  "telephone  sales  business"  does   not   include   a transaction:  (1)  where  the  purchase  price  whether  under  single  or  multiple contracts, does not exceed twenty-five dollars and the  products,  goods or merchandise purchased are capable of delivery at one time; or  (2)  pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the securities  and  exchange  commission  or  with  the department of law; or  (3)  pertaining  to  the solicitation of sales by a catalog seller who periodically issues and delivers catalogs  to  potential  purchasers  by mail  or  by  other  means; provided, however, that this exception shall only apply if the catalog includes a written description or illustration and the sales price of  each  item  of  merchandise  offered  for  sale, includes  at  least  twenty-four  full  pages  of  written  material  or illustrations, is distributed in more than one state, and has an  annual circulation of not less than two hundred fifty thousand customers; or  (4)  pertaining  to  a renewal or continuation of an existing or prior contractual relationship or  prior  purchasing  relationship  between  a buyer and a seller; or  (5)  pertaining  to  the sale of a vacation or travel service which is offered by a:  (i) person, firm, corporation, partnership or association that  is  an officially  appointed  agent  of  a  common carrier and meets applicable standards no less than those  required  for  authorized  agents  of  the airline reporting corporation; or  (ii)  person,  firm, corporation, partnership or association that is a registered member in good standing of  the  cruise  lines  international association  and  who  solely  solicits and/or sells travel services and products as an officially appointed agent of one or more ocean  carriers in  the  sale  of  the  ocean  carrier's travel services pursuant to the agency appointment.  (6) Pertaining to a sale in which the seller at a minimum has a policy of:  (i) accepting returns or canceling services, for a period of not  less than seven days after the date of delivery to the customer and providing a  cash  refund  for  a  cash  purchase or issuing a credit for a credit purchase, which credit is applied to the account on which  the  purchase was  debited,  in connection with the return of its unused and undamaged merchandise or canceled services;  (ii) disclosing such seller's return and refund policy to  the  buyer, orally   by  telephone  or  in  writing  with  advertising,  promotional material, or with delivery of the products or service; and  (iii) restoring such payment or issuing such credit, as required under clause (i) of this subparagraph, within thirty days after  the  date  on which the seller receives returned merchandise or notice of cancellation of  services. A seller who discloses, in writing, that a sale is made or  provided "satisfaction guaranteed", with  "free  inspection",  "no  risk guarantee",  or  similar  words  or  phrases shall be deemed to meet the requirements of the review and return for refund  policy  set  forth  in this subparagraph.   2.  "Telephone sale" shall mean any of the transactions referred to in subdivision one of this section and shall include transactions initiated by a consumer as a result of a mail solicitation inviting such telephone call.   3. "Merchandise" shall mean tangible  chattels  bought  for  personal, family or household purposes.   4.  "Shipment" shall mean the act whereby the seller physically places the merchandise into the possession of the United States postal  service or other carrier.   5. "Accepts orders" shall mean receipt of an order with charge account authorization and debiting the buyer's account.   6.  "Purchase price" shall mean the total price paid or to be paid for the merchandise, including all interest and service charges.   7. "Business day" shall mean any calendar day except  Sunday,  or  the following  business  holidays:  New  Year's Day, Martin Luther King Day, Washington's  Birthday,  Memorial  Day,  Independence  Day,  Labor  Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.