Kentucky Telephone Solicitations
KRS § 367.461 - § 367. 46999
CITATION:
KRS Chapter 367
Telephone Solicitations
367.461 Conditions for use of automated calling equipment.
367.463 Consent to calls made with automated calling equipment -- Written consent -- Withdrawal of written consent -- Period of validity of written consent.
367.465 Prohibitions relating to use of automated calling equipment to solicit calls for telephone fee lines.
367.467 Applicability of remedies of Consumer Protection Act.
367.469 Requirement of permit from Attorney General -- Surety bond -- Authority to promulgate administrative regulations.
367.46951 Definitions for KRS 367.46951 to 367.46999 and 367.990.
367.46953 Requirements for making telephone solicitation.
367.46955 Prohibited telephone solicitation acts and practices.
367.46957 Contract or agreement voidable by consumer if resulting from nonconforming telephone solicitation.
367.46961 Cancellation of contract not reduced to writing -- Exception.
367.46963 Requirements to be met before accepting payment from or charging consumer.
367.46967 Violation as unfair or deceptive trade practice -- Powers of Attorney General.
367.46971 Registration of telemarketing companies doing business in this state -- Filing fee -- Renewal -- Addendum -- Written confirmation of receipt of filing -- Posting of registration statement.
367.46973 Contents of filing.
367.46977 Disclosure requirements for sale presentations.
367.46981 Bond required for telemarketing companies -- Notification to Attorney General of promotion offering premium.
367.46983 Authority for administrative regulations.
367.46987 Person using electronic equipment for solicitation deemed to have accepted Kentucky law.
367.46991 Burden of proving exemption or defense on claimant.
367.46993 Telemarketer prohibited from contacting credit card issuer to obtain account number -- Issuer prohibited from providing account number.
367.46994 Transfer of numbers on zero call list to national Do Not Call Registry -- Consumer education materials -- Publication of materials by telephone companies.
367.46995 Claims alleging calls made to persons on zero call list -- Defenses.
367.46999 Penalties for violation -- Concurrent enforcement powers of Attorney General.
367.461 Conditions for use of automated calling equipment.
(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 (a) to (f) of this subsection are met, no person shall use automated calling equipment, or cause it to be used, for conducting polls, for soliciting information, or for advertising goods, services, or property:
(a) The person receiving the call consents to it, as specified in KRS 367.463;
(b) The recorded message clearly states the name and telephone number of the person or organization initiating the call within the first twenty-five (25) seconds of the message and at the conclusion of the message. That telephone number given in the recorded message shall, during normal office hours, be answered promptly and personally by an agent of the person or organization on whose behalf the automatic calls are made, who is able to provide information concerning the automatic calls;
(c) The automated calling equipment terminates its connection with any telephone call within ten (10) seconds after the person called either fails to consent to hear a recorded message or hangs up the telephone;
(d) The use does not involve either the random or sequential dialing of telephone numbers, does not call telephone numbers which are omitted from the telephone directory at the customer's request, and does not call hospitals, nursing homes, fire protection agencies, or law enforcement agencies;
(e) Calls using the automated calling equipment are made only between 8:00 a.m. and 9:00 p.m.; and
(f) The automated calling equipment operates only when it is attended and is designed or installed so that it does not operate without an attendant, even in the event of power failures.
(3) Nothing in this section prohibits the use of automated calling equipment to make calls with recorded messages or an artificial voice when the calls:
(a) Are made in response to calls initiated by the person to whom the automatic call or recorded message is directed;
(b) Concern goods or services, or the availability of same which were previously ordered or purchased;
(c) Relate to collection of lawful debts;
(d) Are made by a public school as part of a program to regulate and control absenteeism of students;
(e) Are reminders and notices of meetings and activities of organizations of which the person called is a member or a subscribed consumer of the services of the organization, or are made to a person with whom there is an existing business relationship; or
(f) Are made to a publicly available telephone number which the business intends to be called by customers or potential customers, in relation to subject matter that is customary for such calls, including but not limited to inquiring about and booking reservations, inquiring about or initiating purchases, seeking information such as hours of operation, directions, merchandise availability, or other information provided to, or sought by, customers in the ordinary course of business. A person or company making calls under this paragraph shall not sell the name or personal information of any individual using its services. The person or company shall only disseminate the name and personal information of the individual for whom it is making the call during the actual call and only to the extent that such information would be disclosed by the individual if he or she were making the call on his or her own behalf.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 71, sec. 1, effective July 15, 2020. -- Created
1992 Ky. Acts ch. 32, sec. 1, effective July 14, 1992.
367.463 Consent to calls made with automated calling equipment – Written 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 keypad to provide a consent response.
Consent obtained pursuant to this subsection applies only to the particular call and does not constitute prior consent to receive further calls through automated calling equipment.
(2) A person may consent to receive telephone calls through automated calling equipment by giving written consent to the person using automated calling equipment or causing it to be used.
(a) Any form used to obtain written consent shall state clearly and conspicuously its purpose and effect and shall clearly and conspicuously give notice of how the consent can be withdrawn.
(b) A record of written consent shall be maintained by the person to whom consent is given and shall be made available to the Attorney General or his authorized representative during normal business hours and upon twenty-four (24) hours' notice.
(c) A written consent to receive telephone calls through automated calling equipment shall be void on and after the fifteenth day after receipt of a letter withdrawing the consent.
(d) Unless withdrawn, a written consent shall be valid for two (2) years from the date on which it is executed; the record of written consent shall be maintained by the person to whom consent is given for at least the same period of time.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 32, sec. 2, effective July 14, 1992.
367.465 Prohibitions relating to use of automated calling equipment to solicit calls 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, for the telephone call.
(2) No person shall use automated calling equipment, or cause it to be used, to solicit persons to call a telephone fee line under his control.
(3) No telephone company shall knowingly provide a telephone fee line to a person who solicits calls to that line through the use of automated calling equipment. A telephone company shall, on order of the Attorney General, withdraw control of a telephone fee line from any person if calls to that line are solicited by automated calling equipment.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 32, sec. 3, effective July 14, 1992.
367.467 Applicability of remedies of Consumer Protection Act.
(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 367.300, and all of the penalties provided in KRS 367.990, pertaining to acts declared unlawful by KRS 367.170, shall apply to acts and practices declared unlawful in KRS 367.461, 367.463, and 367.465.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 32, sec. 4, effective July 14, 1992.
367.469 Requirement of permit from Attorney General -- Surety bond – Authority 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. The application for permit shall include:
(a) Name, address, and telephone number of the company or person utilizing the equipment;
(b) If the address required by paragraph (a) of this subsection is not in Kentucky, the name and address of a designated agent for the automated calling equipment operator located in Kentucky;
(c) A surety bond executed by the automated calling equipment operator from a surety company authorized to do business in this Commonwealth for the sum of ten thousand dollars ($10,000), to be maintained continuously in full force and effect. The Attorney General may accept an alternate form of surety, such as a letter of credit, for an operator demonstrating financial responsibility.
(2) The Attorney General shall promulgate administrative regulations to govern the issuance, revocation, suspension, or reissuance of permits for automated calling equipment operators utilizing equipment to call telephone numbers located in Kentucky. The Attorney General may revoke permits for any violation of KRS 367.461, 367.463, or 367.465, following an administrative hearing conducted in accordance with KRS Chapter 13B.
Effective: July 15, 1996
History: Created 1992 Ky. Acts ch. 32, sec. 5, effective July 14, 1992; and ch. 318, sec.
348, effective July 15, 1996.
367.801 Definitions for KRS 367.801 to 367.819 and KRS 367.990.
As used in KRS 367.801 to 367.819 and KRS 367.990, unless the context requires otherwise:
(1) "Division" means Division of Consumer Protection of the Office of the Attorney General.
(2) "Person" means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, or any other legal entity.
(3) "Offeror" means a person who is engaged in the business of selling business opportunities including any subsidiary business which affiliates with the offeror for goods or services or locations.
(4) "Consumer/investor" means a person who has purchased or is solicited for the purchase of a business opportunity.
(5) "Business opportunity" means the sale or lease, or offer to sell or lease, of any products, equipment, supplies, or services for the purpose of enabling the consumer investor to start a business when:
(a) The offeror obtains an initial required consideration of not less than five hundred dollars ($500) from the purchase or lease of the business opportunity or inventory associated therewith; and
(b) The offeror has represented, directly or indirectly, that the consumer/investor will earn, can earn, or is likely to earn a gross or net profit in excess of the initial required investment paid by the consumer/investor for the business opportunity; or
(c) 1. The offeror has represented that he has knowledge of the relevant market and that the market demand will enable the consumer/investor to earn a profit from the business opportunity; or
2. The offeror has represented that locations will be provided or assistance will be given directly or indirectly to the consumer/investor in finding locations for the use or operation of the business opportunity including, but not limited to, supplying the consumer/investor with names of locator companies, contracting with the consumer/investor to provide assistance with or supply names of or collect a fee on behalf of or for a locator company; or
3. The offeror has represented that there is a guaranteed market or that the offeror will buy back or is likely to buy back any product made, manufactured, produced, fabricated, grown, or bred by the consumer/investor using, in whole or in part, the products, supplies, equipment, or services which were initially sold or offered for sale to the consumer/investor by the offeror.
Effective: July 15, 1994.
History: Amended 1994 Ky. Acts ch. 165, sec. 25; and ch. 329, sec. 1, effective July
15, 1994. -- Created 1978 Ky. Acts ch. 315, sec. 1, effective June 17, 1978.
Legislative Research Commission Note (7/15/94). This section was amended by 1994
Ky. Acts chs. 165 and 329 which are in conflict. Under KRS 446.250, Acts ch. 329, which was last enacted by the General Assembly, prevails.
367.803 Repealed, 1994.
Catchline at repeal: Addition of distribution devices by Attorney General by regulation.
History: Repealed 1994 Ky. Acts ch. 329, sec. 9, effective June 15, 1994. -- Created
1978 Ky. Acts ch. 315, sec. 2, effective June 17, 1978.
367.805 Registration of persons engaged in sale of business opportunities --Authority for administrative regulations.
(1) It is unlawful for any person to engage in the sale of business opportunities unless prior to the offering the offeror has registered with the division and has furnished a bond pursuant to KRS 367.815(2) and provided all of the following:
(a) All trade names, assumed names, and all trademarks by which the offeror or the prospective consumer/investor of the business opportunity will be doing business.
(b) The names, home addresses, and home telephone numbers of the persons and company offering the business opportunity, and the company's directors and chief executive officers, and the names, home addresses, and home telephone numbers of all representatives selling business opportunities in Kentucky.
(c) A statement as to the length of time the person and company offering the business opportunity has conducted a business of the type being offered both within and without Kentucky.
(d) A statement as to whether the person or company offering the business opportunity or any of its directors or chief executive officers or sales representatives operating in Kentucky is currently involved in litigation or has been held liable in a civil action by final judgment for having engaged in unfair, false, misleading, or deceptive practices or is currently charged with or has been convicted of or pleaded nolo contendere to a felony involving fraud, embezzlement, fraudulent conversion, or misappropriation of property during the most recent seven (7) year period, or has entered into any agreed settlements or is currently in any bankruptcy proceeding or has been declared bankrupt in any judicial proceeding during the most recent seven (7) year period.
(e) A statement as to whether the person or the company offering the business opportunity or its officers, directors, or agents making the offering of the business opportunity has been a party to any legal cause of action brought by a consumer/investor of the business opportunity within the last seven (7) year period and, if so, the name and address of such individual who has brought the legal action.
(f) A statement disclosing the names, addresses, and telephone numbers of all persons who have been sold a business opportunity by the offeror within the last two (2) year period.
(g) A statement listing the names and addresses of any consumer/investor who has requested within the preceding three (3) years that the offeror return his money.
(h) A current audited financial statement of the offeror.
(i) A specimen of each contract proposed for use in connection with the business opportunity.
(j) A full and detailed description of the actual services that the offeror of the business opportunity undertakes to perform for the consumer/investor.
(k) If training is promised by the offeror, a complete description of the training, including length of the training and costs.
(2) The offeror shall immediately notify the division of any material change in information contained in the application for registration and shall make appropriate amendment of the disclosure statement.
(3) The division shall collect, from any offeror required to comply with this section, an initial fee of one hundred fifty dollars ($150), and an annual renewal fee of fifty dollars ($50), and an update fee of twenty-five dollars ($25) for the administration and enforcement of KRS 367.801 to 367.819. Funds so collected shall be credited to a trust or agency account for the administrative purpose of the Attorney General's office, Division of Consumer Protection.
(4) The Attorney General may promulgate administrative regulations as needed to provide for: a hearing, to be conducted in accordance with KRS Chapter 13B, for any business opportunity which the Attorney General initially determines should not be registered or should have registration revoked or suspended; for the establishment of specific standards for the form and content of the disclosure document; and for registration procedures including fee schedules.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 350, effective July 15, 1996. --
Amended 1994 Ky. Acts ch. 165, sec. 26, effective July 15, 1994; and ch. 329, sec.
2, effective July 15, 1994. -- Created 1978 Ky. Acts ch. 315, sec. 3, effective June
17, 1978.
2020-2022 Budget Reference. See State/Executive Branch Budget, 2020 Ky. Acts ch.
92, Pt. I, A, 19, (5) at 858.
Legislative Research Commission Note (7/15/94). This section was amended by 1994
Ky. Acts chs. 165 and 329 which are in conflict. Under KRS 446.250, Acts ch. 329,
which was last enacted by the General Assembly, prevails.
367.807 Exemptions from registration -- Authority for administrative regulations.
(1) An offeror is exempt from the provisions of KRS 367.801 to 367.819 and KRS 367.990 when the offeror:
(a) Meets the definition of a franchise as defined in the Federal Trade Commission's Regulation on Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures, as set forth in 16 C.F.R. 436 et seq., and has complied with these and filed written notice so stating with the division; or
(b) Offers a security pursuant to KRS 292.313;
(c) Offers an ongoing business for sale; or
(d) Offers a not-for-profit sale of sales demonstration equipment, materials, or samples for use in making sales and not for resale for a total price of $500 or less.
(2) The Attorney General may promulgate administrative regulations as needed to provide for additional exemptions. Is offering to sell or selling a package franchise as described in KRS 367.801(7).
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 329, sec. 3, effective July 15, 1994. – Created
1978 Ky. Acts ch. 315, sec. 4, effective June 17, 1978.
Legislative Research Commission Note (7/15/94). It appears from 1994 Ky. Acts ch.
329, sec. 3 that the phrase "Is offering to sell or selling a package franchise as
described in KRS 367.801(7)." was intended to be removed from subsection (2) of
this statute. Because this text was not bracketed and stricken through, however, it has
not been deleted. See KRS 446.145(1) and 446.280.
367.809 Registration number -- Inclusion in advertising.
(1) The division, after ascertaining that the applicant has complied with KRS 367.805, shall issue a registration number.
(2) It shall be unlawful for the registrant to fail to include the registration number in any advertising.
Effective: July 15, 1994.
History: Amended 1994 Ky. Acts ch. 165, sec. 27, effective July 15, 1994. -- Created
1978 Ky. Acts ch. 315, sec. 5, effective June 17, 1978.
Legislative Research Commission Note (7/15/94). 1994 Ky. Acts chs. 165 and 329 are
in conflict in where responsibility for regulation of sale of business opportunities is
placed, and ch. 329 has prevailed as the last enactment under KRS 446.250. Because
of this, a change from "division" to "department" in this statute under ch. 165 has not
been codified. See KRS 7.136(2).
367.811 Representation regarding potential sale, income, or profit.
It shall be unlawful for any offeror to make any oral or written representation, actual or hypothetical, regarding the business opportunity's potential sales, income, gross or net profit unless such sales, income, or profits are examples based upon the actual earnings made by existing consumer/investors of the business opportunity. Upon request by the division, names and addresses of the consumer/investors shall be made available for verification of the earnings claims. If such actual or hypothetical earnings examples are in excess of the average net earnings realized by all of the consumer/investors of the business opportunity, then there must be a full and complete disclosure of the average net earnings actually realized by all of these consumer/investors.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 329, sec. 4, effective July 15, 1994. -- Created
1978 Ky. Acts ch. 315, sec. 6, effective June 17, 1978.
367.813 Display of registration.
(1) Prior to the solicitation of potential consumer/investors the offeror shall furnish and display to the potential consumer/investor a copy of the material required to be furnished the division when registering pursuant to KRS 367.805.
(2) When furnishing the information required by subsection (1) of this section, the offeror shall furnish the prospective consumer/investor with a notice in at least ten (10) point bold-face type, stating that registration with the division does not directly or indirectly imply approval by the division or the Commonwealth of Kentucky of the business opportunity or any of the activities of representatives selling such business opportunities.
Effective: July 15, 1994.
History: Amended 1994 Ky. Acts ch. 165, sec. 28, effective July 15, 1994. -- Created
1978 Ky. Acts ch. 315, sec. 7, effective June 17, 1978.
Legislative Research Commission Note (7/15/94). 1994 Ky. Acts chs. 165 and 329 are
in conflict in where responsibility for regulation of sale of business opportunities is
placed, and ch. 329 has prevailed as the last enactment under KRS 446.250. Because
of this, a change from "division" to "department" in this statute under ch. 165 has not
been codified. See KRS 7.136(2).
367.815 Liability for false, misleading, or deceptive representations -- Bond or deposit to insure veracity of statements -- Maintenance of records.
(1) Any person who offers a business opportunity and makes representations that are false, misleading, or deceptive shall be liable to the consumer/investor of such business opportunity in an amount equal to the sum of his actual damages or fifteen hundred dollars ($1,500), whichever is greater, as well as the cost of the action together with reasonable attorney's fees, as determined by the court.
(2) (a) All persons registering pursuant to KRS 367.805 shall either furnish a bond by a surety company authorized to do business in the Commonwealth or establish a full cash certificate of deposit with a licensed and insured bank or savings institution located in the Commonwealth to insure the veracity of all statements contained in the registration. The amount of the bond or certificate of deposit shall be in an amount equal to the total amount of the initial payments under all business opportunity agreements the offeror has entered into in the Commonwealth during the previous year but in no case shall the amount be less than seventy-five thousand dollars ($75,000). The bond or certificate of deposit shall be in the favor of the Attorney General of Kentucky.
(b) Any person who is damaged by any violation of KRS 367.801 to 367.819, or by the offeror's breach of contract for the business opportunity sale, or of any obligation arising therefrom may bring an action against the bond or certificate of deposit to recover damages suffered, provided that the aggregate liability of the surety or trustee shall be only for the actual damages and shall not exceed the amount of the bond or trust account.
(3) A person who has furnished a bond described in subsection (2) of this section may petition the division for release of the bond by submitting a verified statement that such person has not offered business opportunities in the state for the last five (5) years.
(4) Any offeror of a business opportunity who has offered or sold in this state shall maintain a complete set of books, records, and accounts of its business opportunity sales. The sale documents shall be maintained on each transaction for a period of four (4) years after the date of agreement. The offeror shall make the books and records available to the division upon demand at a location within the state.
Effective: July 15, 1994.
History: Amended 1994 Ky. Acts ch. 165, sec. 29, effective July 15, 1994; and ch. 329,
sec. 5, effective July 15, 1994. -- Created 1978 Ky. Acts ch. 315, sec. 8, effective
June 17, 1978.
Legislative Research Commission Note (7/15/94). This section was amended by 1994
Ky. Acts chs. 165 and 329 which are in conflict. Under KRS 446.250, Acts ch. 329,
which was last enacted by the General Assembly, prevails.
367.816 Agreement or arrangement for a business opportunity -- Requirements -- Effect of noncompliance -- Nonwaiverability.
(1) Every agreement or arrangement for a business opportunity shall be in writing. Copies of the completed agreement and all other documents the offeror requires the consumer/investor to sign shall be given to the consumer/investor at the time they are signed.
(2) Each business opportunity agreement shall set forth in easily legible form all of the following:
(a) The terms and conditions of all payments including the amount owed and a complete schedule for total payment;
(b) A detailed description of the acts or services the offeror or its affiliate undertake to perform for the consumer/investor;
(c) The offeror's name, telephone number, principal business address, by street and number, and the name and address of its agent in this state authorized to receive service of process;
(d) Whether the offeror is doing business as a corporation, partnership, or otherwise, and the state of its incorporation or organization;
(e) The estimated delivery dates of each installment and whether the items are to be delivered to the consumer/investor or are to be placed by the offeror at locations owned or managed by persons other than the consumer/investor;
(f) If applicable, the terms of the "buy-back" or "security" obligation of the offeror pursuant to KRS 367.801(5)(c)3.
(g) The name and address of each supplier of the items the offeror is to deliver to the consumer/investor; and
(h) The following statement in the form below in no smaller than ten (10) point boldface print:
STATEMENT OF CONSUMER INVESTOR RIGHTS
1. You have thirty (30) business days in which you may cancel this contract for any reason.
2. To cancel, you must mail or deliver a written notice to (Seller's name and street address) before (last date to mail or deliver notice). If mailed, the notice must be postmarked by the above date. If you deliver the notice, it must be delivered by the end of the normal business day on the above date.
3. We must promptly refund your payments, and within five (5) business days after you receive your refund, you must allow us to pick up anything we provided to you under this contract.
4. If we or our affiliates mislead you by what we say, or if we violate the Kentucky Business Opportunities Law, you may cancel this contract. To cancel, you must give written notice to us within one (1) year of the date of the contract.
5. If you cancel under this provision, you are entitled to a prompt refund of all amounts you have paid, less the value of items we delivered that you do not return.
6. If we do not deliver items promised within thirty (30) days of the delivery date in your contract except for reasons beyond our control, you may cancel this contract and receive an immediate refund of amounts paid, less the value of items you do not return.
(3) The offeror shall not take a negotiable instrument as evidence of the consumer's/investor's obligation unless the instrument on its face abrogates holder in due course status for its holder.
(4) The payment schedule in the agreement shall not require payment of more than twenty percent (20%) of the initial payment before delivery to the consumer/investor of the items to be supplied by the offeror, unless sums in excess of the twenty percent (20%) are placed in escrow until the consumer/investor advises the escrow agent in writing of the delivery of the items, or until the offeror presents the escrow agent with a bill of lading that proves timely delivery of the items. The consumer/investor shall not unreasonably withhold notice of delivery.
(5) A successor or assignee of the offeror's interest or rights in the agreement is subject to all equities, rights, and defenses of the consumer/investor against the offeror.
(6) Until the offeror has complied with this section, the buyer may cancel the purchase of a business opportunity by notifying the offeror in any manner and by any means of his intention to cancel.
(7) Any waiver by the consumer/investor of a business opportunity of the rights provided in this section is null and void and will not operate to relieve the offeror of any obligation placed upon him by KRS 367.801 to 367.819.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 329, sec. 6, effective July 15, 1994.
367.817 Restraining order.
Whenever the Attorney General has reason to believe that any person is offering business opportunities for sale in violation of KRS 367.801 to 367.819 and 367.990, and that proceedings would be in the public interest, he may move in the name of the Commonwealth in a Circuit Court for a restraining order or temporary or permanent injunction to prohibit such offer. The action may be brought in the Circuit Court of the county in which such person resides or has his principal place of business or in the Circuit Court of the county in which the unlawful offer or sale has been or is about to be committed.
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 315, sec. 9, effective June 17, 1978.
367.819 Cancellation by purchaser.
(1) The purchaser of a business opportunity has the right to cancel as set forth in this chapter as well as the right to cancel such purchase for any reason at any time prior to midnight of the thirtieth calendar day after signing a contract for purchasing the business opportunity. In addition, the purchaser may cancel such purchase at any time for the following violations:
(a) Not providing locations as represented;
(b) Failing to deliver goods or merchandising materials as represented; or
(c) Failing to comply with KRS 367.809(2).
(2) Cancellation occurs when the consumer/investor gives written notice to the offeror at the address given in the purchase agreement or otherwise provided by the offeror and the notice and statement of the buyer's right to cancel provided for in subsection
(1) of this section.
(3) Notice of cancellation, if given by mail, is given when it is deposited in the mail properly addressed and postage prepaid.
(4) Notice of cancellation given by the purchasers need not take a particular form and is sufficient if it indicates by form of written expression the intention of the buyer not to be bound by any contract to purchase the business opportunity.
(5) Within fifteen (15) days after the date of notice of cancellation by the consumer/investor, the seller must tender to the consumer/investor any payments as well as shipping costs made by him and terminate all financial obligations created in connection with the purchase of the business opportunity. Within five (5) days of refund, the consumer/investor shall make available to the offeror the items delivered by the offeror.
(6) Any waiver by the consumer/investor of a business opportunity of the rights provided in this section is null and void, and will not operate to relieve the seller of any obligation placed upon him by this section.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 329, sec. 7, effective July 15, 1994. -- Amended
1984 Ky. Acts ch. 111, sec. 195, effective July 13, 1984. -- Created 1978 Ky. Acts
ch. 315, sec. 10, effective June 17, 1978.
367.990 Penalties.
(1) Any person who violates the terms of a temporary or permanent injunction issued under KRS 367.190 shall forfeit and pay to the Commonwealth a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation. For the purposes of this section, the Circuit Court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the Commonwealth may petition for recovery of civil penalties.
(2) In any action brought under KRS 367.190, if the court finds that a person is willfully using or has willfully used a method, act, or practice declared unlawful by KRS 367.170, the Attorney General, upon petition to the court, may recover, on behalf of the Commonwealth, a civil penalty of not more than two thousand dollars ($2,000) per violation, or where the defendant's conduct is directed at a person aged sixty (60) or older, a civil penalty of not more than ten thousand dollars ($10,000) per violation, if the trier of fact determines that the defendant knew or should have known that the person aged sixty (60) or older is substantially more vulnerable than
other members of the public.
(3) Any person with actual notice that an investigation has begun or is about to begin pursuant to KRS 367.240 and 367.250 who intentionally conceals, alters, destroys, or falsifies documentary material is guilty of a Class A misdemeanor.
(4) Any person who, in response to a subpoena or demand as provided in KRS 367.240 or 367.250, intentionally falsifies or withholds documents, records, or pertinent materials that are not privileged shall be subject to a fine as provided in subsection (3) of this section.
(5) The Circuit Court of any county in which any plan described in KRS 367.350 is proposed, operated, or promoted may grant an injunction without bond, upon complaint filed by the Attorney General to enjoin the further operation thereof, and the Attorney General may ask for and the court may assess civil penalties against the defendant in an amount not to exceed the sum of five thousand dollars ($5,000) which shall be for the benefit of the Commonwealth of Kentucky.
(6) Any person, business, or corporation who knowingly violates the provisions of KRS 367.540 shall be guilty of a violation. It shall be considered a separate offense each time a magazine is mailed into the state; but it shall be considered only one (1) offense for any quantity of the same issue of a magazine mailed into Kentucky.
(7) Any solicitor who violates the provisions of KRS 367.513 or 367.515 shall be guilty of a Class A misdemeanor.
(8) In addition to the penalties contained in this section, the Attorney General, upon petition to the court, may recover, on behalf of the Commonwealth a civil penalty of not more than the greater of five thousand dollars ($5,000) or two hundred dollars ($200) per day for each and every violation of KRS 367.175.
(9) Any person who shall willfully and intentionally violate any provision of KRS 367.976 to 367.985 shall be guilty of a Class B misdemeanor.
(10) (a) Any person who violates the terms of a temporary or permanent injunction issued under KRS 367.665 shall forfeit and pay to the Commonwealth a penalty of not more than five thousand dollars ($5,000) per violation. For the purposes of this section, the Circuit Court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the Commonwealth may petition for recovery of civil penalties.
(b) 1. The Attorney General may, upon petition to a court having jurisdiction under KRS 367.190, recover on behalf of the Commonwealth from any person found to have willfully committed an act declared unlawful by KRS 367.667 a penalty of not more than five thousand dollars ($5,000) per violation.
2. In addition to any other penalties provided for the commission of the offense, any person found guilty of violating KRS 367.667(1)(c):
a. Shall be punished by a fine of no less than five hundred dollars ($500) for the first offense and no less than five thousand dollars ($5,000) for any subsequent offense; and
b. Pay restitution of any financial benefit secured through conduct proscribed by KRS 367.667(1)(c).
3. The Office of the Attorney General or the appropriate Commonwealth's attorney shall have concurrent enforcement powers as to fines, felonies, and misdemeanors under this paragraph.
(c) Any person who knowingly violates any provision of KRS 367.652, 367.653, 367.656, 367.657, 367.658, 367.666, or 367.668 or who knowingly gives false or incorrect information to the Attorney General in filing statements or reports required by KRS 367.650 to 367.670 shall be guilty of a Class D felony.
(11) Any dealer who fails to provide a statement under KRS 367.760 or a notice under KRS 367.765 shall be liable for a penalty of one hundred dollars ($100) per violation to be collected in the name of the Commonwealth upon action of the Attorney General.
(12) Any dealer or manufacturer who falsifies a statement under KRS 367.760 shall be liable for a penalty not exceeding one thousand dollars ($1,000) to be collected in the name of the Commonwealth upon action by the Attorney General.
(13) Any person who violates KRS 367.805, 367.809(2), 367.811, 367.813(1), or 367.816 shall be guilty of a Class C felony.
(14) Either the Attorney General or the appropriate Commonwealth's attorney shall have authority to prosecute violations of KRS 367.801 to 367.819.
(15) A violation of KRS 367.474 to 367.478 and 367.482 is a Class C felony. Either the Attorney General or the appropriate Commonwealth's attorney shall have authority to prosecute violators of KRS 367.474 to 367.478 and 367.482.
(16) Any person who violates KRS 367.310 shall be guilty of a violation.
(17) Any person, partnership, or corporation who violates the provisions of KRS 367.850 shall be guilty of a Class A misdemeanor.
(18) Any dealer in motor vehicles or any other person who fraudulently changes, sets back, disconnects, fails to connect, or causes to be changed, set back, or disconnected, the speedometer or odometer of any motor vehicle, to effect the sale of the motor vehicle shall be guilty of a Class D felony.
(19) Any person who negotiates a contract of membership on behalf of a club without having previously fulfilled the bonding requirement of KRS 367.403 shall be guilty of a Class D felony.
(20) Any person or corporation who operates or attempts to operate a health spa in violation of KRS 367.905(1) shall be guilty of a Class A misdemeanor.
(21) (a) Any person who violates KRS 367.832 shall be guilty of a Class C felony; and (b) The appropriate Commonwealth's attorney shall have authority to prosecute felony violations of KRS 367.832.
(22) (a) Any person who violates the provisions of KRS 367.855 or 367.857 shall be guilty of a violation. Either the Attorney General or the appropriate county health department may prosecute violators of KRS 367.855 or 367.857.
(b) The provisions of this subsection shall not apply to any retail establishment if the wholesaler, distributor, or processor fails to comply with the provisions of KRS 367.857.
(23) Notwithstanding any other provision of law, any telemarketing company, telemarketer, caller, or merchant shall be guilty of a Class D felony when that telemarketing company, telemarketer, caller, or merchant three (3) times in one (1) calendar year knowingly and willfully violates KRS 367.46955(15) by making or causing to be made an unsolicited telephone solicitation call to a telephone number that appears in the current publication of the zero call list maintained by the Office of the Attorney General, Division of Consumer Protection.
(24) Notwithstanding any other provision of law, any telemarketing company, telemarketer, caller, or merchant shall be guilty of a Class A misdemeanor when that telemarketing company, telemarketer, caller, or merchant uses a zero call list identified in KRS 367.46955(15) for any purpose other than complying with the provisions of KRS 367.46951 to 367.46999.
(25) (a) Notwithstanding any other provision of law, any telemarketing company, telemarketer, caller, or merchant that violates KRS 367.46951 to 367.46999 shall be assessed a civil penalty of not more than five thousand dollars ($5,000) for each offense.
(b) The Attorney General, or any person authorized to act in his or her behalf, shall initiate enforcement of a civil penalty imposed under paragraph (a) of this subsection.
(c) Any civil penalty imposed under paragraph (a) of this subsection may be compromised by the Attorney General or his or her designated representative. In determining the amount of the penalty or the amount agreed upon in compromise, the Attorney General, or his or her designated representative, shall consider the appropriateness of the penalty to the financial resources of the telemarketing company, telemarketer, caller, or merchant charged, the gravity of the violation, the number of times the telemarketing company, telemarketer, caller, or merchant charged has been cited, and the good faith of the telemarketing company, telemarketer, caller, or merchant charged in attempting to achieve compliance, after notification of the violation.
(d) If a civil penalty is imposed under this subsection, a citation shall be issued which describes the violation which has occurred and states the penalty for the violation. If, within fifteen (15) working days from the receipt of the citation, the affected party fails to pay the penalty imposed, the Attorney General, or any person authorized to act in his or her behalf, shall initiate a civil action to collect the penalty. The civil action shall be taken in the court which has jurisdiction over the location in which the violation occurred.
(26) Any person who violates KRS 367.500 shall be liable for a penalty of two thousand five hundred dollars ($2,500) per violation. Either the Attorney General or the appropriate Commonwealth's attorney may prosecute violations of KRS 367.500.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 105, sec. 4, effective June 27, 2019. -- Amended
2007 Ky. Acts ch. 115, sec. 6, effective June 26, 2007; and ch. 134, sec. 2, effective
June 26, 2007. -- Amended 2002 Ky. Acts ch. 21, sec. 8, effective July 15, 2002. --
Amended 1998 Ky. Acts ch. 502, sec. 1, effective July 15, 1998. -- Amended 1994
Ky. Acts ch. 151, sec. 12, effective July 15, 1994; and ch. 329, sec. 8, effective July
15, 1994. -- Amended 1992 Ky. Acts ch. 463, sec. 42, effective July 14, 1992. --
Amended 1990 Ky. Acts ch. 196, sec. 11, effective July 13, 1990; and ch. 304, sec.
11, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 142, sec. 3, effective July
15, 1988. -- Amended 1986 Ky. Acts ch. 184, sec. 4, effective July 15, 1986. --
Amended 1982 Ky. Acts ch. 21, sec. 7, effective July 15, 1982; and ch. 298, sec. 8,
effective July 15, 1982; and ch. 315, sec. 2, effective July 15, 1982. -- Amended
1980 Ky. Acts ch. 49, secs. 1, 10, 11, effective July 15, 1980. -- Amended 1978 Ky.
Acts ch. 315, sec. 11, effective June 17, 1978; and ch. 316, sec. 10(2), (3), effective
June 17, 1978. -- Amended 1976 Ky. Acts ch. 136, sec. 22; and ch. 216, sec. 6; and
ch. 330, sec. 2. -- Amended 1974 Ky. Acts ch. 281, sec. 6, effective July 1, 1974 --
Created 1972 Ky. Acts ch. 4, secs. 17(1), (2), and 20(1), (2); ch. 23, sec. 2; and ch.
55, sec. 5.
367.991 Penalty for violation of KRS 367.932 to 367.974.
Any person or corporation which is subject to the provisions of KRS 367.932 to 367.974 and willfully violates the trust provision found in this chapter shall be guilty of a Class C felony. Each violation of any trust provision of this chapter shall be deemed a separate offense. Either the Attorney General or the appropriate Commonwealth's attorney may prosecute violators.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 116, sec. 24, effective July 13, 1984.
367.992 Penalty for violation of KRS 367.826.
(1) Violation of KRS 367.826 shall be a Class A misdemeanor.
(2) In addition to subsection (1) of this section, all of the remedies, powers, and duties provided for the Attorney General by KRS 367.190 through 367.300 and 367.990, pertaining to acts declared unlawful by KRS 367.170, shall apply with equal force and effect to acts declared unlawful by KRS 367.826.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 313, sec. 3, effective July 15, 1988.
367.993 Penalty for violations of KRS 367.4774 and 367.381.
(1) Any person who knowingly violates or causes to be violated any provision of KRS 367.4774 shall be guilty of a Class C felony.
(2) Any person who knowingly violates or causes to be violated any provision of KRS 367.381 shall be guilty of a Class C felony.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 209, sec. 8, effective July 14, 1992; and ch. 301,
sec. 7, effective July 14, 1992.
Legislative Research Commission Note (7/14/92). This section was enacted by two
1992 Acts which do not appear to be in conflict and have been compiled together.
367.46951 Definitions for KRS 367.46951 to 367.46999 and 367.990.
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 telephone number, including a call made by an automatic dialing or recorded message device, for the purpose of:
1. Soliciting a sale of consumer goods or services, offering an investment, business, or employment opportunity, or offering a consumer loan to the person called;
2. Obtaining information that will or may be used for the solicitation of a sale of consumer goods or services, the offering of an investment, business, or employment opportunity, or the offering of a consumer loan to the person called;
3. Offering the person called a prize, gift, or anything else of value, if payment of money or other consideration is required in order to receive the prize or gift, including the purchase of other merchandise or services or the payment of any processing fees, delivery charges, shipping and handling fees, or other fees or charges; or
4. Offering the person called a prize, gift, or other incentive to attend a sales presentation for consumer goods or services, an investment or business opportunity, or a consumer loan; or
(b) A live or recorded communication sent by telephone, facsimile machine, mobile telephone, or telephone paging device in response to inquiries generated by unrequested notifications sent by the merchant to persons who have not previously purchased goods or services from the merchant or telemarketer or who have not previously requested credit from the merchant, to a prospective purchaser if the merchant or telemarketer represents or implies to the recipient of the notification that any of the following applies:
1. That the recipient has in any manner been specially selected to receive the notification or the offer contained in the notification;
2. That the recipient will receive a prize or gift if the recipient calls the merchant or telemarketer; or
3. That if the recipient buys one (1) or more items from the merchant or telemarketer, the recipient will also receive additional or other items of the same or a different type at no additional cost or for less than the regular price of the items;
(2) "Telephone solicitation" does not mean the following:
(a) A telephone call made in response to an express request of a person called, unless the request was made during a prior telephone solicitation;
(b) A telephone call made to the debtor or a party to the contract in connection with the payment or performance of an existing debt or contract, the payment or performance of which has not been completed at the time of the call;
(c) A telephone call to any person with whom the telemarketer or merchant has a prior or existing business relationship, including but not limited to the solicitation of contracts for the maintenance or repair of items previously purchased from the person making the solicitation or on whose behalf the solicitation is made;
(d) A telephone call made by the following:
1. A merchant or telemarketer located in Kentucky to a location outside of the Commonwealth of Kentucky;
2. A telephone call made by one (1) merchant to another;
(3) "Consumer goods or services" means goods, services, or interests in real property used by natural persons primarily for personal, family, or household purposes;
(4) "Consumer loan" means any extension of credit, including credit cards and other forms of revolving credit, to a natural person primarily for the purposes of purchasing consumer goods or services or for paying existing personal, family, or household debts;
(5) "Consumer" means a natural person who receives a telephone solicitation;
(6) "Legal name of the merchant" means the real name of the merchant, as defined in KRS 365.015(1), or the assumed name of the merchant for which all proper certificates have been filed pursuant to KRS 365.015;
(7) "Merchant" means the individual or business entity offering the consumer goods or services, an investment, business, or employment opportunity, or a consumer loan;
(8) "Caller" or "sales person" means the individual making the call or operating the automatic dialing or recorded message device and causing the call to be made;
(9) "Division" means the Consumer Protection Division of the Office of the Attorney General;
(10) "Automated calling equipment" means any device or combination of devices used to select or dial telephone numbers and to deliver recorded messages to those numbers without the use of a live operator;
(11) "Telemarketer" means any person who under contract with a merchant or in connection with a telephone solicitation initiates or receives telephone calls to or from a consumer of goods and services. A telemarketer includes but is not limited to any such person that is an owner, operator, officer, director, or partner to the management activities of a business;
(12) "Publicly traded corporation" means an issuer or subsidiary of an issuer that has a class of securities which is:
(a) Subject to Section 12 of the Securities Exchange Act of 1934 (15 U.S.C. sec. 78l) and which is registered or exempt from registration under paragraph (A),
(B), (C), (E), (F), (G), or (H) of subsection (g)(2) of that section;
(b) Listed on the New York Stock Exchange, the American Stock Exchange, or the NASDAQ National Market System; or
(c) A reported security within the meaning of subparagraph (4) of Regulation Section 240.11Aa3-1.(a) under the Securities Exchange Act of 1934. A subsidiary of an issuer that qualifies for exemption under this paragraph shall not itself be exempt unless at least sixty percent (60%) of the voting power of its shares is owned by the qualifying issuer;
(13) "Telemarketing company" means a company whose primary business is to engage in telephone solicitation; and
(14) "Zero call list" means the national Do Not Call Registry maintained by the United States Federal Trade Commission containing the residential or wireless telephone numbers of the individuals that indicate their preference not to receive telephone solicitations.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 115, sec. 1, effective June 26, 2007. -- Amended
2002 Ky. Acts ch. 21, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch.
426, sec. 573, effective July 15, 1998; and ch. 581, sec. 1, effective July 15, 1998. --
Created 1994 Ky. Acts ch. 302, sec. 1, effective July 15, 1994; and ch. 463, sec. 1,
effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46953 Requirements for making telephone solicitation.
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 caller is physically located;
(2) Within the first thirty (30) seconds of the call, identify the goods, services, interest in real estate, investment or business opportunity, or type of credit being offered and inquire whether the consumer is interested in listening to a sales presentation; and
(3) Immediately discontinue the solicitation if the consumer responds in the negative.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 302, sec. 2, effective July 15, 1994; and ch. 463,
sec. 2, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46955 Prohibited telephone solicitation acts and practices.
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 conduct:
(1) Advertising or representing that registration as a telemarketer equals an endorsement or approval by any government or governmental agency;
(2) Requesting a fee in advance to remove derogatory information from or improve a person's credit history or credit record;
(3) Requesting or receiving a payment in advance from a person to recover or otherwise aid in the return of money or any other item lost by the consumer in a prior telephone solicitation transaction;
(4) Requesting or receiving payment of any fee or consideration in advance of obtaining a loan or other extension of credit when the telemarketing company has guaranteed or represented a high likelihood of success in obtaining or arranging a loan or other extension of credit for a person;
(5) Obtaining or submitting for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, or bond or other account without the consumer's express written authorization, or charging a credit card account or making electronic transfer of funds except in conformity with KRS 367.46963;
(6) Procuring the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected;
(7) Assisting, supporting, or providing substantial assistance to any telemarketer when the telemarketing company knew or should have known that the telemarketer was engaged in any act or practice prohibited under this section;
(8) Making a telephone solicitation to anyone under eighteen (18) years of age. When making a telephone solicitation the telemarketer shall inquire as to whether the person is eighteen (18) years of age or older and the answer shall be presumed to be correct;
(9) (a) Causing misleading caller identification information to be transmitted to users of caller identification services, or to otherwise misrepresent the origin of the telephone solicitation.
(b) 1. This subsection shall not apply to solicitations which block caller identification, nor shall it apply to solicitations in which the name and telephone number of the party on whose behalf the call is made is substituted for the name and telephone number of the actual caller.
2. This subsection shall not apply to a telecommunications, broadband, or Voice over Internet Protocol service provider that is:
a. Acting in the telecommunications, broadband, or Voice over Internet Protocol service provider's capacity as an intermediary for the transmission of telephone service between the caller and the recipient;
b. Providing or configuring a service or service feature as requested by the customer;
c. Acting in a manner that is authorized or required by applicable law; or
d. Engaging in other conduct that is necessary to provide service;
(10) Directing or permitting employees to use a fictitious name or not to use their name while making a telephone solicitation;
(11) Threatening, intimidating, or using profane or obscene language;
(12) Causing the telephone to ring more than thirty (30) seconds in an intended telephone solicitation;
(13) Engaging any person repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive, or harassing;
(14) Initiating a telephone solicitation call to a person, when that person has stated previously that he or she does not wish to receive solicitation calls from that seller;
(15) Making or causing to be made an unsolicited telephone solicitation call if the residential number for that telephone appears in the current publication of the national Do Not Call Registry maintained by the United States Federal Trade Commission;
(16) Making telephone solicitations to a person's residence at any time other than between 10 a.m. - 9 p.m. local time, at the called person's location;
(17) Selling or making available for economic gain any information revealed during a telephone solicitation without the express written consent of the consumer;
(18) Making a telephone solicitation to any residential telephone using an artificial or prerecorded voice to deliver a message, unless the call is initiated for emergency purposes by schools regulated by the Kentucky Department of Education or the call is made with the prior express consent of the called party; or
(19) Engaging in any unfair, false, misleading, or deceptive practice or act as part of a telephone solicitation.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 105, sec. 1, effective June 27, 2019. -- Amended
2018 Ky. Acts ch. 145, sec. 1, effective July 14, 2018. -- Amended 2007 Ky. Acts ch.
115, sec. 2, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 21, sec. 2,
effective July 15, 2002. -- Created 1998 Ky. Acts ch. 581, sec. 3, effective July 15,
1998.
Legislative Research Commission Note (07/15/2002). Under the authority of KRS
7.136, the Reviser of Statutes has corrected a clearly erroneous statutory reference in
subsection (5) of this section as enacted in 2002 Ky. Acts ch. 21, sec. 2, by changing
"KRS 367.46953" to "KRS 367.46963."
367.46957 Contract or agreement voidable by consumer if resulting from 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.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 302, sec. 3, effective July 15, 1994; and ch. 463,
sec. 3, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46961 Cancellation of contract not reduced to writing -- Exception.
(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 canceling services within the later of:
(a) Fourteen (14) calendar days following receipt of the goods; or
(b) Fourteen (14) calendar days following receipt of two (2) copies of a written notice of cancellation rights containing the following language in no less than ten (10) point, bold-faced type:
(2) The consumer shall be deemed to have complied with subsection (1) of this section if the cancellation notice and goods, if any, are returned to the merchant and are postmarked by midnight of the fourteenth day.
(3) The merchant shall process the refund due any consumer within thirty (30) days of receiving the merchandise returned by the consumer or the written cancellation provided in subsection (1) of this section.
(4) The cancellation period provided in subsection (1) of this section shall not apply to a written contract signed by the consumer that:
(a) Complies with all applicable federal and state laws and regulations:
(b) Contains a description of the goods, services, investment or business opportunity, extension of credit, or interest in realty matching the description used in the telephone solicitation;
(c) Contains the name, address, and telephone number of the merchant, the total price of the contract, including any finance or interest charges, and a detailed description of the goods, services, credit, or interest in realty being offered;
(d) Contains all oral or written representations made to the consumer in connection with the transaction; and
(e) Sets out in at least ten (10) point, bold-face type, immediately preceding the signature, the following statement:
YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE MERCHANT.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 302, sec. 4, effective July 15, 1994; and ch. 463,
sec. 4, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46963 Requirements to be met before accepting payment from or charging 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 written contract complying with KRS 367.46961(4); or
(2) The cancellation period provided in KRS 367.46961(1) has expired, and the consumer has not exercised his right to cancel.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 302, sec. 5, effective July 15, 1994; and ch. 463,
sec. 5, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46967 Violation as unfair or deceptive trade practice -- Powers of Attorney 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 remedies, powers, and duties provided for the Attorney General by KRS 367.190 to 367.300 and the penalties provided in KRS 367.990, relating to acts and practices violating KRS 367.170 shall apply with equal force and effect to acts and practices declared unlawful by KRS 367.46951 to 367.46999.
(3) Nothing in KRS 367.46951 to 367.46999 shall be construed to limit or restrict the exercise of powers or the performance of the duties of the Attorney General authorized under any other provision of law.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 21, sec. 7, effective July 15, 2002. -- Created
1994 Ky. Acts ch. 302, sec. 6, effective July 15, 1994; and ch. 463, sec. 6, effective
July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46971 Registration of telemarketing companies doing business in this state -- 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 division by filing the information described below and paying a filing fee of three hundred dollars ($300). A telemarketing company shall be deemed to do business in this state if the telemarketing company solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state. The information required by this section shall be submitted on a form provided by the Attorney General and shall be verified by a declaration signed by each principal of the telemarketing company, under penalty of perjury. The declaration shall specify the date and location of signing. Information submitted pursuant to KRS 367.46951 to 367.46999 shall be clearly identified and appended to the filing.
(2) Registration of a telemarketing company shall be valid for one (1) year from the effective date thereof and may be renewed annually by making the filing required by this section and paying a filing fee of fifty dollars ($50).
(3) If, prior to expiration of a telemarketing company's annual registration, there is a material change in the information required by KRS 367.46951 to 367.46999, the telemarketing company shall, within ten (10) days, file an addendum updating the information with the division. However, changes in salespersons soliciting on behalf of a telemarketing company shall be updated by filing addenda, if necessary, in quarterly intervals computed from the effective date of registration. The addendum shall include the required information for all salespersons currently soliciting or having solicited on behalf of the telemarketing company at any time during the period between the filing of the registration, or the last addendum, and the current addendum, and shall include information on salespersons no longer soliciting for the telemarketing company as of the date of the filing of the current addendum.
(4) Upon receiving the filing and the filing fee pursuant to this section, the division shall send the telemarketing company a written confirmation of receipt of the filing. If the telemarketing company has more than one (1) business location, the written confirmation shall be sent to the telemarketing company's principal business location as identified in the telemarketing company's filing in sufficient numbers so that the telemarketing company can meet the requirements of this subsection. Within ten (10) days of receipt of the confirmation, the telemarketing company shall post in a conspicuous place at each of the telemarketing company's business locations within this state a copy of the entire registration statement which has been filed with the division. Until confirmation of receipt of filing is received and posted, the telemarketing company shall post in a conspicuous place at each of the telemarketing company's business locations within this state a copy of the first page of the registration form sent to the department. The telemarketing company shall also post in close proximity to either the confirmation of receipt of filing or the first page of the submitted registration form the name of the individual in charge of each location from which the telemarketing company does business in this state.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 115, sec. 3, effective June 26, 2007. -- Amended
2002 Ky. Acts ch. 21, sec. 3, effective July 15, 2002. -- Created 1994 Ky. Acts ch.
302, sec. 7, effective July 15, 1994; and ch. 463, sec. 7, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46973 Contents of filing.
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, and the name of any parent or affiliated organization that will engage in business transactions with purchasers relating to sales solicited by the telemarketing company, or that accepts responsibility for statements made by, or acts of, the telemarketing company relating to sales solicited by the telemarketing company;
(2) The telemarketing company's business form and place of organization and, if the telemarketing company is a corporation, a copy of its articles of incorporation and bylaws and amendments to those, or, if a partnership, a copy of the partnership agreement, or if operating under a fictitious business name, the location where the fictitious name has been registered, along with a copy of the registration documents. The same information shall be included for any parent or affiliated organization disclosed pursuant to subsection (1) of this section;
(3) The complete street address of all locations designating the principal location from which the telemarketing company will be conducting business. If the principal business location of the telemarketing company is not in this state, then the telemarketing company shall also designate which of its locations within this state is its main location;
(4) A listing of all telephone numbers to be used by the telemarketing company and the address where each telephone using each of these telephone numbers is located;
(5) The name of and the office held by the telemarketing company's officers, directors, trustees, general and limited partners, sole proprietor, and owners and the names of persons having management responsibilities in the telemarketing company's business activities;
(6) The principal residence, the date of birth, and the driver's license number and state of issuance of each person named pursuant to subsection (5) of this section;
(7) The name and principal residence of each person the telemarketing company leaves in charge at each location in which the telemarketing company does business in this state, and the business location at which each of these persons is in charge;
(8) A statement, meeting the requirements of this subsection, as to both the telemarketing company, whether a corporation, partnership, firm, association, joint venture, or any other type of business entity and as to any person identified pursuant to subsection (5) or (7) of this section who:
(a) Has been convicted of a felony or a misdemeanor involving a violation of this article, or fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. For purposes of this paragraph, a plea of nolo contendere shall be considered a conviction;
(b) Has had entered against him a final judgment or order in a civil or administrative action, including a stipulated judgment or order, if the complaint or petition in the civil or administrative action alleged acts constituting a violation of KRS 367.46951 to 367.46999, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, or the use of unfair, unlawful, or deceptive business practices;
(c) Is subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency or unit of that agency, including but not limited to an action affecting any vocational license; or
(d) Has during the previous seven (7) tax years filed in bankruptcy, been adjudged a bankrupt, been reorganized due to insolvency, or been a principal, director, officer, trustee, general or limited partner, or had management responsibilities of any other corporation, partnership, joint venture, or business entity that has so filed or was so adjudicated or reorganized, during or within one (1) year after the period that the person held that position. The statement required by paragraphs (a), (b), and (c) of this subsection shall identify the telemarketing company or person, the court or administrative agency rendering the conviction, judgment, or order, the docket number of the matter, the date of the conviction, judgment, or order, and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment, or order. For purposes of paragraph (d) of this section, the statement required shall include the name and location of the telemarketing company or person filing in bankruptcy, adjudged a bankrupt, or reorganized due to insolvency, and shall include the date thereof, the court which exercised jurisdiction, and the docket number of the matter;
(9) A list of the names, driver's license numbers and states of issuance, principal residence addresses, and telephone numbers of salespersons who solicit on behalf of the telemarketing company, and any names the salesperson uses while soliciting;
(10) A description of the items the telemarketing company is offering for sale and a copy of all sales scripts the telemarketing company requires salespersons to use when soliciting prospective purchasers. If no sales script is required to be used, a statement to that effect shall be included;
(11) A copy of all sales information and literature including but not limited to scripts, outlines, instructions, and information regarding how to conduct telephonic sales, sample introductions, sample closings, product information, and contest or premium-award information provided by the telemarketing company to salespersons or of which the telemarketing company informs salespersons, and a copy of all written materials the telemarketing company sends to any prospective or actual purchaser;
(12) (a) If the telemarketing company represents or implies, or directs salespersons to represent or imply, to purchasers that the purchaser will receive certain specific items, including a certificate of any type which the purchaser must redeem to obtain the item described in the certificate, or one (1) or more items among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, or otherwise, the filing shall include the following:
1. A list of the items offered;
2. The actual value or worth of each item described to prospective purchasers and the basis for the valuation; and
3. The price paid by the telemarketing company to its supplier for each of these items and the name, address, and telephone number of each item's supplier;
(b) If the purchaser is to receive fewer than all of the items described by the telemarketing company, the filing shall include the following:
1. The manner in which the telemarketing company decides which item each prospective purchaser is to receive;
2. The odds a single prospective purchaser has of receiving each described item;
3. The name and address of each recipient who has, during the preceding twelve (12) months, or if the telemarketing company has not been in business that long, during the period the telemarketing company has been in business, received the item having the greatest value and the item with the smallest odds of being received; and
4. All rules, regulations, terms, and conditions a prospective purchaser must meet in order to receive the item; and
(13) If the telemarketing company is offering an investment, business, or employment opportunity, the filing shall include the following:
(a) The number of consumers or investors who have participated to date;
(b) The actual experience of the consumers or investors as measured by standards used in the sales presentations; and
(c) If the opportunity is so recent that no actual performance experience exists, that fact shall be disclosed in all sales presentations, and no other representation of performance shall be made in sales presentations.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 115, sec. 4, effective June 26, 2007. -- Created
1994 Ky. Acts ch. 302, sec. 8, effective July 15, 1994; and ch. 463, sec. 8, effective
July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46977 Disclosure requirements for sale presentations.
(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 greatest value, a description of the item, the market value of the item, the number of prizes to be awarded, the conditions to receive the item, the odds of winning, the statement that no purchase is necessary to win the prize or to participate in the promotion, and the actual number of individuals who have received the item with the least value within the preceding twelve (12) months or since the merchant or telemarketer has been in business if less than twelve (12) months.
(2) If the merchant or telemarketer is offering real estate, an investment, business, or employment opportunity, the sales presentation shall include the following:
(a) The number of consumers or investors who have participated to date;
(b) The actual experience of the consumers or investors as measured by the standards used in the sales presentations; and
(c) The price of the real estate or investment;
(d) The location of the real estate or investment;
(e) Regarding an investment or business opportunity, the reasonable likelihood of success and a notice of the risk; and
(f) If the opportunity is so recent that no actual performance experience exists, that fact shall be disclosed in all sales presentations, and no other representation of performance shall be made in sales presentations.
(3) If the sales presentation includes representations of prices below those usually charged for items, the sales presentation shall include the name of the manufacturer, importer, or supplier of such items and the locations within the merchant's or telemarketer's calling state or this state at which the items are offered at usual prices. If the item has never been sold in the merchant's or telemarketer's calling state or this state no representation of usual selling price shall be made.
(4) If presenting information on merchandise or service, the total cost of the goods or services that are the subject of the call shall be given.
(5) If any restrictions, limitations, or conditions for the purchase or investment exist, these shall be disclosed during the telephone sales presentation.
(6) Terms for refunds, cancellation, exchange, or repurchase of the subject of the sales presentation shall be disclosed during the telephone sales presentation.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 581, sec. 2, effective July 15, 1998. -- Created
1994 Ky. Acts ch. 302, sec. 9, effective July 15, 1994; and ch. 463, sec. 9, effective
July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46981 Bond required for telemarketing companies -- Notification to Attorney 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 any person suffering injury or loss by reason of any violation of KRS 367.46951 to 367.46999 to be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General, as a result of any violation of KRS 367.46951 to 367.46999. A copy of the bond shall be filed with the division.
(2) At least ten (10) days prior to the inception of any promotion offering a premium with an actual market value or advertised value of five hundred dollars ($500) or more, the telemarketing company shall notify the Attorney General in writing of the details of the promotion, describing the premium and its current market value, the value at which it is advertised or held out to the customer, the date the premium shall be awarded, and the conditions under which the award shall be made. The telemarketing company shall maintain an additional bond for the greater of the current total market value or the advertised value of the premiums held out or advertised to be available to a purchaser or recipient. A copy of the bond shall be filed with the division. The bond, or a portion of it necessary to cover the cost of the award, shall be forfeited if the premium is not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or the time otherwise required by law. The proceeds of the bond shall be paid to any person suffering injury or loss by reason of any violation of KRS 367.46951 to 367.46999 or shall be paid pursuant to the terms of any order of a court of competent jurisdiction obtained by the Attorney General, Commonwealth's attorney, or county attorney as a result of any violation of KRS 367.46951 to 367.46999. The bond shall be maintained until the telemarketing company files with the Attorney General proof that the premium was awarded.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 21, sec. 4, effective July 15, 2002. -- Created
1994 Ky. Acts ch. 302, sec. 10, effective July 15, 1994; and ch. 463, sec. 10,
effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46983 Authority for administrative regulations.
The Attorney General may promulgate administrative regulations necessary for the proper administration and enforcement of KRS 367.46951 to 367.46999.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 302, sec. 11, effective July 15, 1994; and ch. 463,
sec. 11, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46987 Person using electronic equipment for solicitation deemed to have 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 526.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 302, sec. 12, effective July 15, 1994; and ch. 463,
sec. 12, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46991 Burden of proving exemption or defense on claimant.
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 a defense based on an exemption shall be on the person claiming the exemption.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 302, sec. 13, effective July 15, 1994; and ch. 463,
sec. 13, effective July 15, 1994.
Legislative Research Commission Note (7/15/94). This statute was created by 1994
Ky. Acts chs. 302 and 463, which are substantively identical and have been codified
together. Minor variations have been resolved by giving precedence to Acts ch. 463
which was enacted last.
367.46993 Telemarketer prohibited from contacting credit card issuer to obtain 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 card issuer shall not provide a consumer's credit card account number to a telemarketer.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 18, sec. 1, effective July 15, 2002.
367.46994 Transfer of numbers on zero call list to national Do Not Call Registry --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 call list on or before June 26, 2007. If the Federal Trade Commission denies the request, then those households whose residential numbers will be purged from the zero call list shall be informed by the Office of the Attorney General on how to place their telephone number on the national Do Not Call Registry.
(2) Persons whose telephone numbers appear on the zero call list shall not receive telephone solicitations except in accordance with the provisions of KRS 367.46951 to 367.46999.
(3) Information contained in a database established for the purpose of administering the zero call list shall be used only for the purpose of implementing the zero call program in conformance with KRS 367.46951 to 367.46999.
(4) The Kentucky Public Service Commission shall produce consumer education materials that:
(a) Describe Kentucky's telemarketing laws;
(b) Describe the consumer's rights and responsibilities regarding the receipt of telephone solicitation;
(c) Explain how consumers can apply to be placed on any federal Do Not Call Registry established by the Federal Communications Commission and the Federal Trade Commission;
(d) Explain how to apply to be placed on company-specific and industrywide no solicitation calls list, including those lists provided by the Direct Marketing Association (DMA) and the Telephone Preference Service (TPS); and
(e) Describe how a consumer can file a complaint if the consumer receives calls after being placed on the Do Not Call Registry established by the Federal Communications Commission and the Federal Trade Commission.
(5) The Public Service Commission shall require that, once a year, telephone companies under the jurisdiction of the Public Service Commission shall include the customer education material or portions thereof, at the discretion of the companies, in either the billing inserts, billing messages, or in the Customer Guide pages of their telephone directories.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 115, sec. 5, effective June 26, 2007. -- Created
2002 Ky. Acts ch. 21, sec. 5, effective July 15, 2002.
367.46995 Claims alleging calls made to persons on zero call list -- Defenses.
(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 defense that the defendant obtains the current zero call list in a timely manner and makes reasonable efforts to avoid calling persons whose telephone numbers appear on the list.
(3) It shall be a defense in any action or proceeding brought under KRS 367.46951 to 367.46999 that the defendant has established and implemented, with due care, reasonable practices and procedures to prevent telephone solicitations in violation of KRS 367.46951 to 367.46999.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 21, sec. 6, effective July 15, 2002.
367.46999 Penalties for violation -- Concurrent enforcement powers of Attorney 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 of business which operates or would operate as fraud or deceit upon any person in connection with a sale shall be guilty of a Class D felony, except that any person who violates KRS 367.46955(7) to (16) shall be guilty of:
(a) A Class B misdemeanor for the first offense that shall be punishable by imprisonment of not more than ninety (90) days, or a fine of no more than five hundred dollars ($500), or both; and
(b) A Class A misdemeanor for any subsequent offense that shall be punishable by imprisonment of not more than one (1) year, or a fine of not more than five thousand dollars ($5,000), or both.
(2) Notwithstanding any other provision of law, in addition to the penalties provided in this section, any person found guilty of violating KRS 367.46955(9) shall pay restitution of any financial benefit secured through conduct proscribed by KRS 367.46955(9).
(3) The Office of the Attorney General shall have concurrent enforcement powers as to such felonies and misdemeanors.
(4) (a) Notwithstanding other criminal and administrative remedies, a person or class of persons alleging:
1. Receipt of a call in violation of KRS 367.46955(9); or
2. That a number assigned to the person was misleadingly transmitted as a caller identification number by a solicitor in violation of KRS 367.46955(9); may bring a civil action in the county where the plaintiff resides or has his or her principal place of business, against any person who is responsible for or who knowingly participated in the violation.
(b) The civil action brought under paragraph (a) of this subsection may be for:
1. Appropriate injunctive relief;
2. Actual damages;
3. Actual expenses incurred, including court costs and attorney's fees; and
4. Punitive damages.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 105, sec. 2, effective June 27, 2019. -- Amended
2018 Ky. Acts ch. 145, sec. 2, effective July 14, 2018. -- Amended 1998 Ky. Acts ch.
581, sec. 4, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 302, sec. 14,
effective July 15, 1994; and ch. 463, sec. 14, effective July 15, 1994.
For more information, see here: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39092
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