16 CFR 435.3 - Limited applicability.

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§ 435.3 Limited applicability.
(a) This part shall not apply to:
(1) Subscriptions, such as magazine sales, ordered for serial delivery, after the initial shipment is made in compliance with this part;
(2) Orders of seeds and growing plants;
(3) Orders made on a collect-on-delivery (C.O.D.) basis;
(4) Transactions governed by the Federal Trade Commission's Trade Regulation Rule entitled “Use of Negative Option Plans by Sellers in Commerce,” 16 CFR part 425.
(b) By taking action in this area:
(1) The Federal Trade Commission does not intend to preempt action in the same area, which is not inconsistent with this part, by any State, municipal, or other local government. This part does not annul or diminish any rights or remedies provided to consumers by any State law, municipal ordinance, or other local regulation, insofar as those rights or remedies are equal to or greater than those provided by this part. In addition, this part does not supersede those provisions of any State law, municipal ordinance, or other local regulation which impose obligations or liabilities upon sellers, when sellers subject to this part are not in compliance therewith.
(2) This part does supersede those provisions of any State law, municipal ordinance, or other local regulation which are inconsistent with this part to the extent that those provisions do not provide a buyer with rights which are equal to or greater than those rights granted a buyer by this part. This part also supersedes those provisions of any State law, municipal ordinance, or other local regulation requiring that a buyer be notified of a right which is the same as a right provided by this part but requiring that a buyer be given notice of this right in a language, form, or manner which is different in any way from that required by this part. In those instances where any State law, municipal ordinance, or other local regulation contains provisions, some but not all of which are partially or completely superseded by this part, the provisions or portions of those provisions which have not been superseded retain their full force and effect.
(c) If any provision of this part, or its application to any person, partnership, corporation, act or practice is held invalid, the remainder of this part or the application of the provision to any other person, partnership, corporation, act or practice shall not be affected thereby.

Title 16 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 16.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-09-17; vol. 79 # 180 - Wednesday, September 17, 2014
    1. 79 FR 55615 - Mail or Telephone Order Merchandise Rule
      GPO FDSys XML | Text
      FEDERAL TRADE COMMISSION
      Final rule.
      The provisions of the final Rule will become effective on December 8, 2014.
      16 CFR Part 435

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United States Code

Title 16 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 16 CFR 435 after this date.

  • 2014-09-17; vol. 79 # 180 - Wednesday, September 17, 2014
    1. 79 FR 55615 - Mail or Telephone Order Merchandise Rule
      GPO FDSys XML | Text
      FEDERAL TRADE COMMISSION
      Final rule.
      The provisions of the final Rule will become effective on December 8, 2014.
      16 CFR Part 435