[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR435.3]

[Page 434-435]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 435_MAIL OR TELEPHONE ORDER MERCHANDISE--Table of Contents
 
Sec. 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some but not all of which are partially or completely superseded by this 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

[[Page 435]]

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.