Can I skip verifying consumer requests in Kentucky? What are the requirements?

Verifying Consumer Requests in Kentucky

Based on the provided context documents, you cannot skip verifying consumer requests in Kentucky.

KYRS 367.46963 states that no caller or merchant making or causing to be made a telephone solicitation shall request or accept payment from a consumer or make or submit any charge to the consumer’s credit or bank account until either: (1) The merchant receives from the consumer a signed copy of a written contract complying with KRS 367.46961(4); or (2) The cancellation period provided in KRS 367.46961(1) has expired, and the consumer has not exercised his right to cancel. This means that before accepting payment or charging a consumer, you must either receive a signed copy of a written contract or wait for the cancellation period to expire.

KYRS 367.46957 states that a contract or agreement made as a result of a telephone solicitation violating KRS 367.46951 to 367.46999 is voidable by the consumer for any reason at any time and shall not be enforced against the consumer. This means that if you do not comply with the requirements for making telephone solicitation, the contract or agreement made as a result of the solicitation can be voided by the consumer.

KYRS 367.683 requires all contact lens sellers and any person authorized in accordance with KRS Chapters 320, 315, or 326 to dispense contact lenses in the Commonwealth to verify the contact lens prescription by either receipt of a written or faxed valid contact lens prescription signed by the prescribing optometrist, osteopath, or physician, or an electronic or oral affirmative communication of the complete contact lens prescription from the prescribing optometrist, osteopath, or physician.

Therefore, it is important to comply with the requirements for making telephone solicitation and accepting payment from or charging consumers, as well as verifying contact lens prescriptions in Kentucky.

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Source(s):

• [1.2] Consumer reporting agency records restriction.
• [2.1] Requirement of written agreement, offer to purchase, or receipt – Contents – Right to cancel – Delivery statement – Solicitation provisions.
• [1.6] Verification of contact lens prescription.
• [1.8] Denial, suspension, or revocation of license – Hearing – Appeal – Availability of Consumer Protection Act remedies – Authority of Attorney General under other laws and to promulgate administrative regulations.

Jurisdiction

Kentucky

• Privacy