44-1797.15. Transfer to another entity of
duty or obligation to provide services; defense in action for
enforcement or collection on contract; definition
A. Any transfer by a discount buying organization of its duty or obligation to
provide services to buyers under its contracts for discount buying services to another
individual, corporation or other business entity as a result of which a buyer has
available substantially fewer goods and services constitutes a complete defense to an
action for further enforcement of or collection on such a contract for discount buying
services which may be asserted by any buyer who did not consent in writing, after a full
and fair disclosure of the categories of goods and services to be provided by the new
discount buying organization, to such transfer of the duty or obligation of performance
and entitles such a nonconsenting individual to rescind the contract and obtain a pro
rata refund from the transferor.
B. For the purposes of this section, "substantially fewer goods and services" is
defined to be less than seventy-five per cent of the lines of merchandise, catalogs or
types of services available than at the time the buyer entered into the contract with the
discount buying organization.
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