2023 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.