Title XXIX, Commerce and Trade

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…

48.005. KRS 367.190, 367.200, 367.210, 367.220 and KRS 367.110 to 367.360 to the contrary notwithstanding, if funds of any kind or nature whatsoever are recovered by or on behalf of the Commonwealth in a legal action, including an ex rel. action in which the Attorney General has …

As used in KRS 367.372 to 367.378, unless the context requires otherwise: (1) "Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property; (2) "Consumer food item" means any article used or intended for use for …

Fifteen-day prohibition against grossly excessive prices -- Additional fifteen- day extensions to protect citizens -- Application of section. (1) (a) When a Condition Red has been declared by the United States Department of Homeland Security under the Homeland Security Advisory S…

Renewal and termination notice. Upon the Governor's implementation of the provisions of KRS 367.374, renewal of the implementation, or termination of the implementation, the Division of Emergency Management shall immediately notify the public and those registered with the divisio…

-- 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…