Title XXIX, Commerce and Trade

(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…

Consumer education materials -- Publication of materials by telephone companies. (1) The Office of the Attorney General immediately shall request that the Federal Trade Commission include on the national Do Not Call Registry the residential numbers that were placed on the zero ca…

(1) Any claim or action alleging the making of a call to a person on the zero call list in violation of KRS 367.46955 shall be in writing and verified by the claimant. (2) In any action or claim alleging the making of a call to a person on the zero call list, it shall be a defens…

General. (1) Any person, including, but not limited to, a merchant, a telemarketer, a salesperson, agent or representative of the merchant, or an independent contractor, who knowingly violates any provision of KRS 367.46951 to 367.46999 or engages in any act, practice, or course …

(1) The provisions of KRS 367.472 to 367.486 shall apply to recreation and retirement use land sales. (2) The General Assembly finds and declares that the sale and offering for sale of recreation and retirement use land, the sale of which is often premised upon future completion …

Unless the context otherwise requires, the following terms shall mean: (1) "Recreational and retirement use" land means that land which is sold and promoted with primary emphasis on the land's value for recreational purposes or for retirement purposes. In order to carry out the p…

(1) In the sale or offering for sale of any subdivision which is primarily directed toward recreational or retirement use, in the sale of which any improvements are advertised but not completed, or which are completed but for which supplies of labor and material have not been pai…

It shall be unlawful for any subdivider to offer for sale recreational or retirement use land in which the improvements as described in KRS 367.474(1) have not been made unless the provisions of all of KRS 367.474 have been met.

(1) In the sale of any interest subject to KRS 367.472, 367.474, 367.4774, 367.4776, 367.4778, 367.484, 367.993, and this section, the subdivider shall present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the tr…

(1) In addition to any right otherwise to revoke an offer, the buyer has the right to cancel a purchase of an interest from a subdivider until midnight of the fifth business day after the day on which the buyer signs an agreement or offer to purchase which is subject to KRS 367.4…

Rights of cancellation may not be waived or otherwise surrendered.

(1) For any recreational and retirement use land physically located in this state, maintenance fees paid shall be held in trust by the seller of recreational and retirement use land for the benefit of the owners of individual interests. The fees shall be deposited into a separate…

(1) Any natural person who purchases recreational and retirement use land for personal, family, or household purposes shall have an easement for the use of any common areas, undeveloped land, improvements, or amenities which are part of the development in which the person has pur…

liability. Any holder or assignee of a consumer credit contract shall be subject to the claims and defenses that the consumer has against the seller or lessor of recreational and retirement use land notwithstanding whether the sale or lease is for a specific portion of real prope…

(1) Persons offering for sale recreational and retirement use land as defined in KRS 367.472(1) shall register with the Attorney General. The Attorney General, after ascertaining that the applicant has complied with KRS 367.474, shall issue a registration number to the person, wh…