367.500 Listing of floral business in telephone directory -- Misrepresentation of geographical location prohibited - Application. (1) A person may not misrepresent the geographical location of a business that derives fifty percent (50%) or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the business in a telephone directory or other directory assistance database. (2) A person is considered to misrepresent the geographical location of a business in a telephone directory or other directory assistance database if the name of the business indicates that the business is located in a geographical area and: (a) The business is not located within the geographical area indicated; (b) The listing fails to identify the municipality and state of the business's geographical location; and (c) A telephone call to the local telephone number listed in the telephone directory or directory assistance database routinely is forwarded or transferred to a location that is outside the calling area covered by the telephone directory or directory assistance database in which the number is listed. (3) A person may place a directory listing for a business described in subsection (1) of this section whose name indicates that it is located in a geographical area that is different from the geographical area in which the business is actually located, only if a conspicuous notice in the listing states the municipality and state in which the business is located. (4) This section does not apply to a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business. (5) This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing. (6) This section applies only to information supplied to a telephone directory published after June 26, 2007, or to information supplied for entry into a directory assistance database after June 26, 2007. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 134, sec. 1, effective June 26, 2007.
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