N.Y. Comp. Codes R. & Regs. Tit. 19 § 220.2 - Definitions
This Part shall use all terms as defined in section 399-z of the General Business Law, with the following additions:
(a)
Consumer shall have the
same meaning as the term customer as defined in section
399-z of
the General Business Law.
(b)
Established business relationship shall mean a prior or
existing relationship formed by a voluntary two-way communication between a
consumer and a telemarketer with or without an exchange of consideration, on
the basis of the consumer 's purchase or transaction with the telemarketer
within the 18 months immediately preceding the date of the telephone call or on
the basis of the consumer 's inquiry or application regarding products or
services offered by the telemarketer within the three months immediately
preceding the date of the call, which relationship has not been previously
terminated by either party.
(c)
Goods and services shall have the same meaning as defined in
section
399-z of
the General Business Law. In addition:
(1)
the term goods shall include, but not be limited to, goods as defined under
section 2-105 of the New York Uniform Commercial Code; and
(2) the term services shall include, but not
be limited to, the duty, labor, obligation, act, or commitment to be rendered
by one person to another for profit, whereby the telemarketer offers, seeks to
offer, or contracts to offer any performance of labor or other such act for the
benefit of the consumer , or at the consumer 's direction or authority.
(d)
Hearing means
an administrative proceeding instituted at the request of the telemarketer as
part of an adjudicatory proceeding as defined in subdivision three of section
102 of the State Administrative Procedure Act.
(e)
Knowingly or knowledge
means acting with actual knowledge , deliberate ignorance or reckless disregard,
except that where VoIP or other technology is used by or at the request of a
telemarketer or seller for a call that transmits misleading, inaccurate or
false identification information there shall be a rebuttable presumption of
knowledge .
(f)
Telemarketer shall have the same meaning as defined in section
399-z of
the General Business Law, except that charitable organizations as defined in
section
171-a
(1) of the Executive Law and registered
pursuant to section
172 of the
Executive Law, religious corporations as defined in section
two of
the Religious Corporations Law, political parties as defined in section 1-
104(3) of the Election Law, and political committees as defined in section
14-100
(1) of the Election Law, are deemed not able
to conduct any act or activity for commercial purposes and are deemed not to be
operating for financial profit for the purposes of this Part.
Notes
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