Title XXIX, Commerce and Trade

(1) An offeror is exempt from the provisions of KRS 367.801 to 367.819 and KRS 367.990 when the offeror: (a) Meets the definition of a franchise as defined in the Federal Trade Commission's Regulation on Disclosure Requirements and Prohibitions Concerning Franchising and Business…

(1) The office, after ascertaining that the applicant has complied with KRS 367.805, shall issue a registration number. (2) It shall be unlawful for the registrant to fail to include the registration number in any advertising.

It shall be unlawful for any offeror to make any oral or written representation, actual or hypothetical, regarding the business opportunity's potential sales, income, gross or net profit unless such sales, income, or profits are examples based upon the actual earnings made by exi…

(1) Prior to the solicitation of potential consumer/investors the offeror shall furnish and display to the potential consumer/investor a copy of the material required to be furnished the office when registering pursuant to KRS 367.805. (2) When furnishing the information required…

deposit to insure veracity of statements -- Maintenance of records. (1) Any person who offers a business opportunity and makes representations that are false, misleading, or deceptive shall be liable to the consumer/investor of such business opportunity in an amount equal to the …

Effect of noncompliance -- Nonwaiverability. (1) Every agreement or arrangement for a business opportunity shall be in writing. Copies of the completed agreement and all other documents the offeror requires the consumer/investor to sign shall be given to the consumer/investor at …

Whenever the Attorney General has reason to believe that any person is offering business opportunities for sale in violation of KRS 367.801 to 367.819 and 367.990, and that proceedings would be in the public interest, he may move in the name of the Commonwealth in a Circuit Court…

(1) The purchaser of a business opportunity has the right to cancel as set forth in this chapter as well as the right to cancel such purchase for any reason at any time prior to midnight of the thirtieth calendar day after signing a contract for purchasing the business opportunit…

As used in KRS 367.826, unless the context requires otherwise: (1) (a) Except as provided in subsection (b) below, "unlicensed health care practitioner" means any person who, for compensation or with expectation of compensation, offers or undertakes to provide advice, counseling,…

No unlicensed health care practitioner shall utilize an academic title, or represent in any other manner that he or she possesses an academic degree, unless the practitioner actually possesses the degree, and the degree is accredited. If the degree is honorary, that fact shall be…

(1) As used in this section, "health discount plan" means any card, program, device, or mechanism that is not insurance that purports to offer discounts or access to discounts from a health care provider without recourse to the health discount plan. (2) No person shall sell, mark…

Unless the context otherwise requires: (1) "Participant" shall include, but is not limited to, those who give consideration in order to participate in the pyramid distribution plan; (2) "Person" means natural persons, corporations, trusts, partnerships, incorporated or unincorpor…

(1) It is hereby declared unlawful for any person to establish, promote, operate, or participate in any pyramid distribution plan. (2) A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity t…

not limited. (1) All of the remedies and powers granted to the Attorney General by KRS 367.190 to 367.300 and 367.990 for enforcement of KRS 367.170 shall be granted to the Attorney General with equal force and effect for enforcement of KRS 367.832. (2) Nothing in this chapter li…

KRS 367.830 to 367.834 may be cited as the "Pyramid Sales Act."

The General Assembly hereby finds that it is necessary to the health and welfare of the citizens of Kentucky that there be maintained, now and in the future, reasonable standards for the remediation of mold in private and public settings. It is therefore in the best interests of …

As used in KRS 367.83801 to 367.83807: (1) "Customer" means any person who contracts for services with a mold remediation company for the purposes of mold remediation; (2) "Department" means the Department of Law; (3) "Mold" means any living or dead fungi or related products or p…

remediation companies -- Complaints to Attorney General. (1) The department shall, after consultation with the Public Protection Cabinet and the Department for Public Health, establish minimum standards for mold remediation companies that operate in the Commonwealth. The minimum …

(1) The Attorney General shall have jurisdiction to enforce KRS 367.83801 to 367.83807, and may recover the reasonable costs of investigation and litigation. (2) If an act by a mold remediation company violates any provision of this chapter, the Attorney General may take civil ac…

KRS 367.841 to 367.844 shall be liberally construed and applied to promote the underlying purposes of KRS 367.841 to 367.844, which purposes are: (1) To protect consumers who buy or lease new motor vehicles that do not conform to applicable warranties by holding manufacturers acc…

(1) "Buyer" means any resident person who buys, contracts to buy, or leases a new motor vehicle in the Commonwealth of Kentucky. In the case of the lease of a new motor vehicle, "buyer" shall mean the lessor, lessee, or both. (2) "Manufacturer" means any person or corporation, re…

motor vehicle -- Rights of lienholder -- Resolution of disputes -- Dealer not liable. (1) If, after a reasonable number of attempts, the manufacturer or its agents are unable to repair the nonconformity in the motor vehicle to the express warranty during the first twelve thousand…

Any person who purchases a motor vehicle and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a violation of KRS 367.842, may bring an action under the provisions of KRS 367.220 for relief.

No manufacturer shall, directly or indirectly, by any means or methods, expose or attempt to expose any franchised dealer to liability as forbidden in KRS 367.842(4) and (5). Any violation of this section shall be subject to all applicable provisions of the law, including but not…

General. Noncompliance with the provisions of KRS 367.842 to 367.844 by a manufacturer shall be unlawful. The Attorney General shall have authority to enforce KRS 367.842 to 367.844 in accordance with powers provided by KRS 367.190 and 367.230, pertaining to acts declared unlawfu…

KRS 367.840 to 367.845 shall apply to new motor vehicles purchased after July 15, 1986, and to motor vehicles leased after July 15, 1998.

Sale. (1) A person who, with intent to defraud, sells or exposes for sale any meat or meat preparations, and falsely represents the same to be kosher, whether such meat or meat preparations be raw or prepared for human consumption, or as having been prepared under, and of a produ…

States -- Exemptions. (1) Any person who sells or exposes for sale any fresh meat or fresh meat product which is produced outside of the United States shall indicate by a sign displayed over each kind of meat or meat product that the meat or meat product is "foreign meat" or "imp…

origin. Any wholesaler, distributor or processor of fresh meat or fresh meat product who sells, exposes for sale, delivers or transfers any meat or meat product which is produced outside of the United States shall indicate to the retailer, purchaser or transferee in writing, that…

As used in KRS 367.865 unless the context requires otherwise: (1) "Buyer" means any resident person who buys or contracts to buy a new motor vehicle in the Commonwealth of Kentucky. (2) "Manufacturer" means any person, resident or nonresident, who manufactures or assembles new mo…

(1) Effective January 1, 1983, each motor vehicle manufacturer shall offer to the buyer a comprehensive informal dispute resolution system. By transacting business in the Commonwealth of Kentucky, each manufacturer is deemed to have voluntarily consented to participate in the sys…

Notwithstanding the provisions of KRS 367.860 to 367.870, a dispute resolution system which is established pursuant to and in compliance with 16 C.F.R. Part 703 satisfies the requirements of KRS 367.865, as long as the dispute resolution system provides each party to the dispute …

Noncompliance with KRS 367.865 by a manufacturer shall be unlawful. The Attorney General shall have authority to enforce KRS 367.865 in accordance with powers provided by KRS 367.190 and 367.230 to 367.300, pertaining to acts declared unlawful by KRS 367.170.

charges and fees prohibited -- Liability of violator. (1) "Gift card," as used in this section, means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic ca…

As used in KRS 367.905 to 367.930, unless the context requires otherwise: (1) "Health spa" means an establishment, except those defined as nonprofit organizations under 26 U.S.C. sec. 509(a), which provides for profit as one of its primary purposes, services or facilities which p…

Surety bond -- Separate locations. (1) Any person, corporation, partnership, association, or group intending to open or operate a health spa within the Commonwealth, shall: (a) File a registration statement, accompanied by a one hundred dollar ($100) initial registration fee, wit…

requirement -- Effect of change in membership, ownership. (1) The surety bond required by KRS 367.905(1)(b) shall be in favor of the Attorney General's Office of Consumer Protection and shall be held for compensation to any member who suffers loss of money paid due to the insolve…

(1) A fully completed copy of each contract shall be delivered to the buyer at the time the contract is signed. Every contract must constitute the entire agreement between the seller and the buyer, must be in writing, and must be signed by the member. (2) Each contract shall stat…

(1) No contract term shall exceed thirty-six (36) months from the date the contract is entered into; however, a member may renew a contract for additional terms. No contract term shall be measured by or be for the life of the member. (2) No contract shall require payments or fina…

(1) Any contract which does not comply with the applicable provisions of KRS 367.900 to 367.930 shall be void and unenforceable as contrary to public policy. (2) Any waiver by a member or purchaser of a contract of any of the provisions of KRS 367.900 to 367.930 shall be deemed v…

(1) In addition to any rights that may be conferred upon a member by KRS 367.610, no holder of a consumer credit contract, as that term is defined in KRS 367.600, shall fail to honor a member's cancellation rights and provide a refund within the time period required by KRS 367.91…

(1) Each health spa doing business in the Commonwealth shall prepare a comprehensive list of all membership plans offered for sale by the health spa and the respective price of each plan. The list shall be shown to each prospective purchaser of a membership plan. (2) A health spa…

(1) Health spas shall be prohibited from offering specials or discounts unless such specials or discounts are made in writing and available to all prospective members. (2) Health spas shall be prohibited from making any material misrepresentation to current members, prospective m…

All of the remedies, powers and duties provided for the Attorney General by KRS 367.190 to 367.300 appertaining to acts declared unlawful by KRS 367.170 shall apply with equal force and effect to acts and practices declared unlawful by KRS 367.905 to 367.930.

limitations. (1) Any person who purchases a health spa membership or enters into a contract to purchase a health spa membership and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person or corporation…

As used in KRS 367.93101 to 367.93121, unless the context requires otherwise: (1) "Cemetery merchandise" has the same meaning as in KRS 367.932; (2) "Declarant" means an individual who signs a funeral planning declaration executed under KRS 367.93101 to 367.93121; (3) "Declaratio…