Title XXIX, Commerce and Trade

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…

(1) A person who is of sound mind and is at least eighteen (18) years of age may execute a declaration. (2) (a) A declaration shall not be included in: 1. A will; 2. A power of attorney; or 3. A similar document. (b) If a declaration is included in any of the documents listed in …

A declaration may specify the declarant's preferences concerning any of the following: (1) The disposition of the declarant's remains after the declarant's death; (2) Who may direct the disposition of the declarant's remains; (3) Who may provide funeral services after the declara…

(1) The provisions of the declarant's most recent declaration shall prevail over any other document executed by the declarant concerning any preferences described in KRS 367.93105. (2) The invalidity of any specific preference or direction shall not affect the validity of the dec…

declaration. (1) A person who acts in good-faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person. (2) A person who deals with a declaration may pr…

(1) A declaration shall remain in effect until revoked by the declarant in writing. (2) A revocation of a declaration shall be delivered to the person to whom the declaration was given or to the designee.

declarant's spouse. (1) The following events that occur subsequent to a declaration shall act as a revocation of a designation of authority in a declaration to the declarant's spouse to direct the disposition of the declarant's body or to make all arrangements concerning funeral …

Authority to make arrangements in absence of declaration. (1) If any designee, alternate designee, or person described in KRS 367.93117 fails to assume an obligation set forth in the declaration, within five (5) days of notification of the declarant's death, the authority to make…

arrangements after an individual's death -- Authority for funeral home or District Court to act -- Disqualification of person arrested for or charged with the death -- Petition to waive disqualification. (1) Except as provided in subsection (2) of this section, the right to contr…

A person in Kentucky is not required to honor a declaration or similar instrument executed in another state, but may rely on a declaration or similar instrument executed in another state that complies with the requirements of KRS 367.93101 to 367.93121.

authorization form, or disqualification from control over disposition of remains -- Resolution of conflict. An action to contest or determine the validity of any declaration made under KRS 367.93101 to 367.93121 or cremation authorization form, or to resolve a conflict between an…

As used in KRS 367.934 to 367.974 and 367.991: (1) "Agent" means the licensee who is the person, partnership, association or corporation receiving any payments on a preneed funeral contract; (2) "Attorney General" means the Office of Consumer Protection in the office of the Attor…

required for disbursements. (1) Except as provided in KRS 367.935: (a) 1. All payments of money made to any person, partnership, association, or corporation upon any agreement or contract, or any series or combination of agreements or contracts, but not including the furnishing o…

(1) An agent that guarantees a price for all merchandise and full performance of all services to be provided pursuant to a preneed burial contract may collect an administrative fee not to exceed fifteen percent (15%) of the total amount of all payments to be paid under the contra…

(1) (a) Upon the giving of fifteen (15) days' written notice, sent to the agent and the trustee, any person, partnership, or corporation who has paid funds for a preneed funeral service may demand a refund of the entire amount actually paid, excluding an administrative fee impose…