Title XXIX, Commerce and Trade

-- Powers of Attorney General. (1) A willful violation of KRS 367.374 is punishable by a civil monetary penalty of an amount not to exceed five thousand dollars ($5,000) for the first violation and an amount not to exceed ten thousand dollars ($10,000) for each subsequent violati…

emergency -- Registration requirement -- Enforcement by Attorney General -- Prohibition against solicitation -- Restrictions on local governments -- Administrative regulation. (1) As used in this section: (a) "Contractor" means any person or business engaged in: 1. Roofing or sid…

As used in KRS 367.380 to 367.389: (1) "Advance fee" means any consideration which is assessed or collected, prior to the closing of a loan, by a loan broker; (2) "Affiliate" means any person who directly or indirectly, through one (1) or more intermediaries, controls, is control…

No loan broker shall: (1) Assess or collect an advance fee from a borrower to provide services as a loan broker; (2) Make or use unfair, false, misleading, or deceptive representations or omit any material fact in the offer or sale of the services of a loan broker, or engage, dir…

A principal of a loan broker shall be liable under KRS 367.385 and 367.387 to the same extent as the loan broker himself for any actions on behalf of the loan broker, or the loan broker's agents, or employees, which violate KRS 367.381.

Protection Act -- Availability of Consumer Protection Act remedies -- Authority to promulgate administrative regulations. (1) A violation of any provision of KRS 367.381 shall be deemed an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce…

(1) Any borrower who suffers a loss of money or property as a result of a violation of KRS 367.381 may bring an action against the loan broker, its principals, employees, or agents, and against the surety bond, or trust account, if any, of the loan broker. The action shall be bro…

The remedies and penalties provided in KRS 367.385, 367.387, and 367.993 shall be in addition to any other remedies or penalties for any conduct provided for by common law or statute.

Conditions -- Exception. (1) With respect to a consumer loan or consumer credit transaction, other than one primarily for an agricultural purpose or one pursuant to a revolving loan account or a revolving charge account, if any scheduled payment is more than twice as large as the…

(1) As used in this section, "financial institution" means a bank, trust company, savings and loan association, or credit union authorized by law to do business in this state. (2) (a) A financial institution that issues a certificate of deposit that is subject to automatic renewa…

As used in KRS 367.397 to 367.407, unless the context requires otherwise: (1) "Club" means any buying club or vacation club. (2) "Contract" means any oral or written agreement by which one becomes a member of a club. (3) "Buying club" means any person, corporation, unincorporated…

(1) Any person who has elected to become a member of a club may cancel such membership by giving written notice any time before midnight of the third business day following the date on which the person signs a contract containing the notice of "Members' Right to Cancel" required …

(1) A copy of every contract shall be delivered to the member at the time the contract is signed. Every contract shall be in writing, shall be signed by the member, shall designate the date on which the member signed the contract, and shall state, clearly and conspicuously in bol…

comparisons with retailers doing business in area. (1) Every contract shall provide that if any goods ordered by the member from the buying club are not delivered to the member or available for pickup by the member at a location within his county of residence within six (6) weeks…

(1) Every club that has a membership fee in excess of thirty-five dollars ($35) shall maintain a bond of fifty thousand dollars ($50,000) issued by a surety company admitted to do business in this state. (2) The bond required by this section shall be in favor of the Attorney Gene…

(1) 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 declared unlawful by KRS 367.397 to 367.405. (2) Nothing in KRS 367.397 to…

Any organization which is not organized for the profit of any person or corporation may file an application with the office of Attorney General to seek exemption from the provisions of KRS 367.397 to 367.403. The Attorney General shall grant an exemption to any applicant organiza…

As used in KRS 367.4081 to 367.4083: (1) "Healthcare provider" means an individual licensed by any of the following: (a) The Kentucky Board of Medical Licensure, pursuant to KRS Chapter 311; (b) The Kentucky Board of Chiropractic Examiners, pursuant to KRS Chapter 312; (c) The Ke…

healthcare provider or intermediary. (1) During the first thirty (30) days following a motor vehicle accident a healthcare provider or an intermediary, at the request or direction of a healthcare provider, shall not solicit or knowingly permit another individual to solicit a pers…

provider in violation of KRS 367.4082. (1) Any charges owed by, or on behalf of, a person involved in a motor vehicle accident for health services rendered by a healthcare provider to the person, in violation of KRS 367.4082, shall be void. (2) Any charges billed and paid by, or …

As used in KRS 367.410 to 367.450, unless the context otherwise requires: "Home solicitation sale" means a sale of goods or services, including consumer loans, in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buye…

(1) Except for home solicitation sales on loans in which a security interest is taken in the principal dwelling of the buyer as provided in subsection (6) of this section, and except as provided in subsection (5) for other goods and services, including all other consumer loans, i…

exempted. (1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction …

(1) Within ten (10) days after a home solicitation sale has been canceled or an offer to purchase revoked, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (2) If the down payment includes goods traded in, the good…

Seller's compensation -- Application of statute. (1) (a) Except as provided by the provisions on retention of goods by the buyer in KRS 367.440(3), within a reasonable time after a home solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand sha…

buyer. Any waiver by the buyer of rights provided in KRS 367.410 to 367.450 is null and void, and will not operate to relieve the seller of any obligation placed upon him by KRS 367.410 to 367.450 or this section.

(1) As used in KRS 367.461 to 367.469, "automated calling equipment" means any device or combination of devices which is used to select or dial telephone numbers and to deliver recorded messages to the numbers so selected or dialed. (2) Unless the conditions set out in paragraphs…

consent -- Withdrawal of written consent -- Period of validity of written consent. (1) A person may consent to a call made with automated calling equipment when: (a) A live operator introduces the call and states an intent to play a recorded message; or (b) By using the telephone…

for telephone fee lines. (1) As used in this section, "telephone fee line" means a telephone number with a charge attached to calling it, whereby the telephone company as billing agent charges the caller an amount for accessing the line in addition to applicable rates, if any, fo…

(1) Any violation of KRS 367.461, 367.463, or 367.465 shall be an unfair, false, misleading, and deceptive act or practice in the conduct of trade or commerce in violation of KRS 367.170. (2) All of the remedies, powers, and duties provided for the Attorney General in KRS 367.190…

to promulgate administrative regulations. (1) Unless covered by one (1) of the exceptions in KRS 367.461(3), and prior to using automated calling equipment to call telephone numbers in this Commonwealth, a person or company shall first obtain a permit from the Attorney General. T…

As used in KRS 367.46951 to 367.46999 and 367.990, unless the context otherwise requires: (1) "Telephone solicitation" means: (a) A live or recorded communication sent by a telephone or message sent by a facsimile machine to a residential, mobile, or telephone paging device telep…

A caller making a telephone solicitation shall: (1) Immediately upon making contact by telephone with the consumer, state his actual name, the merchant's legal name, a telephone number or address at which the merchant may be contacted, and the town or city and state where the cal…

It is a prohibited telephone solicitation act or practice and a violation of KRS 367.46951 to 367.46999 for any person making a telephone solicitation through telecommunications services or interconnected Voice over Internet Protocol or VoIP service to engage in the following con…

nonconforming telephone solicitation. A contract or agreement made as a result of a telephone solicitation violating KRS 367.46951 to 367.46999 is voidable by the consumer for any reason at any time and shall not be enforced against the consumer.

(1) Unless the contract is reduced to writing in compliance with subsection (4) of this section, a consumer may cancel a contract made as a result of a telephone solicitation and obtain a full refund of all money paid, by returning the goods, if any, undamaged and unused, or canc…

consumer. No caller or merchant making or causing to be made a telephone solicitation shall request or accept payment from a consumer or make or submit any charge to the consumer's credit or bank account until either: (1) The merchant receives from the consumer a signed copy of a…

General. (1) A violation by a telemarketing company, telemarketer, caller, or merchant of KRS 367.46951 to 367.46999 shall constitute an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce in violation of KRS 367.170. (2) All of the remedie…

Filing fee -- Renewal -- Addendum -- Written confirmation of receipt of filing - - Posting of registration statement. (1) At least ten (10) days prior to doing business in this state, a telemarketing company shall register with the office by filing the information described below…

Each filing pursuant to KRS 367.46971 shall contain the following information: (1) The name or names of the telemarketing company, including the name under which the telemarketing company is doing or intends to do business, if different from the name of the telemarketing company,…

(1) If the merchant or telemarketer represents or implies that the consumer will receive a prize, award, or similar item of value from a number of such prizes or awards, all sales presentations shall include the actual number of individuals who have received the item having the g…

General of promotion offering premium. (1) Every telemarketing company shall maintain a bond issued by a surety company admitted to do business in this state. The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the Attorney General for the benefit of a…

The Attorney General may promulgate administrative regulations necessary for the proper administration and enforcement of KRS 367.46951 to 367.46999.

accepted Kentucky law. Any merchant, caller, or other person who uses electronic equipment within this Commonwealth for purposes of telephone solicitation shall, as a condition of that use, be deemed to have accepted the provisions of KRS 367.46951 to 367.46999 and of KRS Chapter…

In a civil proceeding alleging a violation of KRS 367.46951 to 367.46999, the burden of proving an exemption shall be on the person claiming the exemption, and in a criminal proceeding alleging a violation of KRS 367.46951 to 367.46999, the burden of producing evidence to support…

account number -- Issuer prohibited from providing account number. (1) A telemarketer shall not contact a credit card issuer, in writing or by telephone, facsimile, computer, or by any other means, for the purpose of obtaining a consumer's credit card account number. (2) A credit…