Title XXIX, Commerce and Trade

The Department of Law shall have the following functions, powers and duties: (1) To promote the coordination of consumer protection activities of all departments, divisions and branches of state, county and city government, concerned with activities involving consumer interests; …

statute. The Attorney General shall have concurrent authority with the county attorney for the enforcement of the following statute: KRS 517.040, Bait advertising.

information by utility and health insurance intervenors. (1) All departments, agencies, officers, and employees of the Commonwealth shall fully cooperate with the Attorney General in carrying out the functions of KRS 367.120 to 367.300. (2) The persons designated by the Attorney …

(1) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. (2) For the purposes of this section, unfair shall be construed to mean unconscionable.

(1) Every contract, combination in the form of trust and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be unlawful. (2) It shall be unlawful for any person or persons to monopolize, attempt to monopolize, or combine or conspire with any ot…

(1) No provision of KRS 367.175 shall be construed to make illegal the activities of any person or organization, including but not limited to any labor organization, agricultural or horticultural cooperative organization, or consumer organization, or of individual members thereof…

KRS 367.170 shall not apply to the owner or publisher of newspapers, magazines or publications wherein such advertisements appear, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowl…

(1) Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by KRS 367.170 to be unlawful, and that proceedings would be in the public interest, he may immediately move in the name of the Comm…

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been paid out as a result of any practice declared to be unlawful by KRS 367.130 to 367.300, including the appo…

Whenever a receiver is appointed by the court pursuant to KRS 367.110 to 367.300, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, …

(1) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice dec…

In the administration of KRS 367.110 to 367.300, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of KRS 367.110 to 367.300 from any person who has engaged or was about to engage in that metho…

(1) When the Attorney General has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by KRS 367.110 to 367.300, or when he believes it to be in the public interest that an investigation should be ma…

To accomplish the objectives and to carry out the duties prescribed by KRS 367.110 to 367.300, the Attorney General, in addition to other powers conferred upon him by KRS 367.110 to 367.300, may issue subpoenas to any person, administer an oath or affirmation to any person, or co…

Any person may apply to a Circuit Court for an appropriate order to protect such person from any unreasonable investigative action taken pursuant to KRS 367.110 to 367.300.

Whenever the Attorney General has probable cause to believe that a person has engaged in, or is engaging in, any practice declared by KRS 367.110 to 367.300 to be unlawful and whenever the Attorney General has probable cause to believe that information will not be obtainable purs…

(1) To the fullest extent permitted by the Constitution of the United States, service of a subpoena or a demand pursuant to KRS 367.240 and 367.250 may be had in the manner prescribed by the Kentucky Revised Statutes and the Kentucky Rules of Civil Procedure. (2) Personal service…

Revocation of corporate charter -- Revocation of licenses. (1) If any person fails or refuses to file any statement or report, or to obey any subpoena or investigative demand issued by the Attorney General, the Attorney General may, after notice, apply to a Circuit Court and, aft…

It shall be the duty of the Commonwealth and the county attorneys to lend to the Attorney General such assistance as the Attorney General may request in the commencement and prosecution of court actions pursuant to KRS 367.110 to 367.300, or the Commonwealth or county attorney wi…

(1) In satisfaction of debts owed in buying or selling goods or services or related to transactions occurring in accordance with KRS Chapters 154A, 230, and 238: (a) Rounding cash transactions to the nearest five cent ($0.05) increment may occur: 1. When pennies are not available…

No consumer reporting agency shall maintain any information in its files relating to any charge in a criminal case, in any court of this Commonwealth, unless the charge has resulted in a conviction.

(1) As used in this section, "servicer" means any person or entity who currently collects or processes payments on a high-cost home loan, as that term is defined in KRS 360.100, regardless of whether that person or entity is the owner, the holder, the assignee, the nominee for th…

prohibited. With respect to a credit sale, cash sale or lease to a consumer, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of his giving t…

names, characters, and trademarks in marketing and solicitations -- Exceptions -- Enforcement and penalties -- Administrative regulations. (1) As used in this section: (a) 1. "Financial institution" means any bank, bank holding company, trust company, savings and loan association…

Applicability -- Enforcement and penalties -- Administrative regulations. (1) As used in this section: (a) "Residential real property" means real property located in this state that is: 1. Used primarily for personal, family, or household purposes; and 2. Improved by one (1) to f…

or deceptive acts. (1) (a) A violation of KRS 304.9-433, 304.9-4331, 304.9-4332, or 304.9-4333 shall be deemed to be an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce in violation of KRS 367.170. (b) All of the remedies, powers, and du…

kiosks and hardware wallets. (1) Any of the following shall be deemed an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce in violation of KRS 367.170: (a) On and after April 30, 2027, a violation of any provision of Subtitle 13 of KRS Ch…

To accomplish the objectives and to carry out the duties prescribed by KRS 367.350 the Attorney General, in addition to other powers conferred upon him by KRS 367.990, may issue subpoenas to any person, administer an oath or affirmation to any person, or conduct hearings in aid o…

shop offering inducement to insured or insurance provider -- Requirements for contract for repair or replacement of damaged motor vehicle glass -- Fees -- Prohibited actions -- Civil action -- Remedies. (1) As used in this section: (a) The following have the same meaning as in KR…

2027) As used in KRS 367.3611 to 367.3629: (1) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. For the purposes of this definition, "control" or "controlled…

Compliance with federal children's online privacy laws. (1) KRS 367.3611 to 367.3629 apply to persons that conduct business in the Commonwealth or produce products or services that are targeted to residents of the Commonwealth and that during a calendar year control or process pe…

Appeal process. (1) A consumer may invoke the consumer rights authorized pursuant to this section at any time by submitting a request to a controller, via the means specified by the controller pursuant to KRS 367.3617, specifying the consumer rights the consumer wishes to invoke.…

Waiver of consumer rights contrary to public policy -- Privacy notice -- Notice for sale of personal data to third party -- Process for consumers to exercise consumer rights requirement. (Effective until July 1, 2027) (1) A controller shall: (a) Limit the collection of personal d…

between controller and processor. (1) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting its obligations under KRS 367.3611 to 367.3629. Such assistance shall include: (a) Taking into account the nature of processing and the in…

Attorney General -- Confidentiality and exceptions -- Application. (1) Controllers shall conduct and document a data protection impact assessment of each of the following processing activities involving personal data: (a) The processing of personal data for the purposes of target…

consumer rights on pseudonymous data -- Controller oversight of de- identifiable or pseudonymous data. (1) The controller in possession of de-identified data shall: (a) Take reasonable measures to ensure the data cannot be associated with a natural person; (b) Publicly commit to …

processor -- Application of evidentiary privilege -- Disclosure of data to third- party controller -- Limitations on processing of personal data -- Burden of proof. (1) Nothing in KRS 367.3611 to 367.3629 shall be construed to restrict a controller's or processor's ability to: (a…

-- Civil action -- Damages -- Recovery of expenses. (1) The Attorney General shall have exclusive authority to enforce violations of KRS 367.3611 to 367.3629. The Attorney General may enforce KRS 367.3611 to 367.3629 by bringing an action in the name of the Commonwealth of Kentuc…

There is hereby created a trust and agency account to be known as the consumer privacy fund. The fund shall be administered by the Office of the Attorney General. All civil penalties collected pursuant to KRS 367.3611 to 367.3629 shall be deposited into the fund. Interest earned …

As used in KRS 367.363 to 367.365, unless the context requires otherwise: (1) "Clear and proper identification" means information generally deemed sufficient to identify a person. If the consumer is unable to reasonably identify himself or herself with such information, a consume…

The following persons are not required to place a security freeze on a consumer report in accordance with KRS 367.363 to 367.365: (1) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving o…

report -- Effect of security freeze -- Removal of security freeze -- Fees -- Liability for willful noncompliance or acting under false pretenses -- Nonapplicability to specified circumstances. (1) For the purposes of this section: (a) "Protected person" means an individual who is…

Subsequent access -- Duties of consumer reporting agency -- Duration of security freeze -- Removal and temporary lifting -- Inapplicability to certain consumer reports -- Permitted charges for security freeze -- Changes to official consumer report information -- Penalties for sec…

As used in KRS 367.367 to 367.369: (1) "Company" means a publicly traded for-profit corporation, limited liability company, partnership, or other business entity that is doing business in this state as defined in KRS 141.010(13); (2) "Company proposal" means a proposal made by a …

interest of shareholders or is materially different from advice provided to different clients. (1) A proxy advisory service is not solely in the interest of shareholders of a company if the service: (a) Is wholly or partly based on, or otherwise takes into account, one (1) or mor…

violation of 367.170 -- Cause of action -- Limitations. (1) Failure to comply with the notification and disclosure requirements established for proxy advisors in KRS 367.367 and 367.368 shall be deemed to be an unfair, false, misleading, or deceptive act or practice in the conduc…