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This entry was published on 2014-09-22
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SECTION 441
Definitions
Personal Property (PEP) CHAPTER 41, ARTICLE 10-B
§ 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.