Kentucky Revised Statutes

Kentucky Revised Statutes

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Statutes Last Updated June 05, 2009

Includes Enactments through the 2009 Regular Session
This page was produced on 6/5/2009 at 1:15:06 PM

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KRS Chapter 367.00

.010 Repealed, 1972.

.020 Repealed, 1972.

.030 Repealed, 1972.

.040 Repealed, 1972.

.050 Repealed, 1972.

.060 Repealed, 1972.

.070 Repealed, 1972.

Consumer Protection Act

.110 Definitions.

.120 Legislative intent -- Title.

.130 Consumers' Advisory Council -- Members -- Appointment.

.140 Consumers' Advisory Council -- Meetings -- Quorum -- Compensation.

.150 Functions, powers and duties of Department of Law.

.152 Attorney General's concurrent authority to enforce bait advertising statute.

.160 Cooperation of state agencies -- Access to material evidence and information by utility and health insurance intervenors.

.170 Unlawful acts.

.175 Other unlawful acts.

.176 Construction of KRS 367.175.

.178 Collection of donated clothing, household items, or other items for resale.

.180 Knowledge required in violation by publisher.

.190 Injunction -- Hearing.

.200 Restoration of property -- Appointment of receiver.

.210 Powers of receiver -- Distribution of assets.

.220 Action for recovery of money or property -- When action may be brought.

.230 Assurance of voluntary compliance.

.240 Investigation -- Demand for information or evidence.

.250 Subpoenas -- Oath -- Confidential information.

.260 Unreasonable investigation.

.270 Impounding of evidence in matter under investigation.

.280 Service of subpoena -- Service upon persons outside Commonwealth.

.290 Failure to obey subpoena or investigative demand of Attorney General -- Revocation of corporate charter -- Revocation of licenses.

.300 Assistance to Attorney General -- Reporting.

.310 Consumer reporting agency records restriction.

.320 Processing of payments by servicer of high-cost home loan.

.350 Rebate of sale or lease price contingent on referral of additional customer prohibited.

.360 Subpoenas -- Oaths -- Hearings -- Confidential information.

Placement of Security Freeze on Consumer Reports

.363 Definitions for KRS 367.363 to 367.365.

.364 Persons not required to place a security freeze on a consumer report.

.365 Consumer's election regarding security freeze on consumer report -- Subsequent access -- Duties of consumer reporting agency -- Duration of security freeze -- Inapplicability to certain consumer reports -- Permitted charges for security freeze -- Changes to official consumer report information -- Penalties for section's violation.

.370 Funds recovered in legal action for state handled in accordance with KRS 48.005.

Sales and Rentals During State of Emergency

.372 Definitions for KRS 367.372 to 367.378.

.374 Sale or rental of goods and services during declared state of emergency -- Thirty-day prohibition against grossly excessive prices -- Application of section.

.376 Notice of Governor's implementation of KRS 367.372 to 367.378 -- Renewal and termination notice.

.378 Penalties -- Applicability of chapter -- Powers of Attorney General.

Loan Brokers

.380 Definitions for KRS 367.380 to 367.389.

.381 Prohibited acts.

.383 Liability of loan broker's principal.

.385 Violation of KRS 367.381 deemed unlawful act under Consumer Protection Act -- Availability of Consumer Protection Act remedies -- Authority to promulgate administrative regulations.

.387 Remedies for borrower -- Time limitation.

.389 Nonexclusivity of remedies and penalties.

Consumer Credit Loan or Transaction

.390 Right to refinance consumer loan or consumer credit transaction -- Conditions -- Exception.

Financial Institutions

.393 Certificates of deposit -- Renewal term and rate -- Violation and penalties.

Buying Clubs or Vacation Clubs

.395 Definitions.

.397 Cancellation of club membership.

.399 Membership contract requirements -- Disclosure of cancellation rights.

.401 Disclosure of refund requirement and that savings claims are based on comparisons with retailers doing business in area.

.403 Bond requirement.

.405 Remedies, powers and duties of Attorney General.

.407 Exemptions -- Conditions.

Home Solicitation Sales

.410 Definition of home solicitation sale.

.420 Buyer's right to cancel home solicitation sale -- Method of cancellation.

.430 Notice of buyer's right to cancel home solicitation sale -- Emergency sales exempted.

.440 Return of evidence of sale to buyer after cancellation.

.450 Return of goods to seller after cancellation -- Time and place of return -- Seller's compensation -- Application of statute.

.460 Status of waiver of rights provided under KRS 367.410 to 367.450 by buyer.

Telephone Solicitations

.461 Conditions for use of automated calling equipment.

.463 Consent to calls made with automated calling equipment -- Written consent -- Withdrawal of written consent -- Period of validity of written consent.

.465 Prohibitions relating to use of automated calling equipment to solicit calls for telephone fee lines.

.467 Applicability of remedies of Consumer Protection Act.

.469 Requirement of permit from Attorney General -- Surety bond -- Authority to promulgate administrative regulations.

.46951 Definitions for KRS 367.46951 to 367.46999 and 367.990.

.46953 Requirements for making telephone solicitation.

.46955 Prohibited telephone solicitation acts and practices.

.46957 Contract or agreement voidable by consumer if resulting from nonconforming telephone solicitation.

.46961 Cancellation of contract not reduced to writing -- Exception.

.46963 Requirements to be met before accepting payment from or charging consumer.

.46967 Violation as unfair or deceptive trade practice -- Powers of Attorney General.

.46971 Registration of telemarketing companies doing business in this state -- Filing fee -- Renewal -- Addendum -- Written confirmation of receipt of filing -- Posting of registration statement.

.46973 Contents of filing.

.46977 Disclosure requirements for sale presentations.

.46981 Bond required for telemarketing companies -- Notification to Attorney General of promotion offering premium.

.46983 Authority for administrative regulations.

.46987 Person using electronic equipment for solicitation deemed to have accepted Kentucky law.

.46991 Burden of proving exemption or defense on claimant.

.46993 Telemarketer prohibited from contacting credit card issuer to obtain account number -- Issuer prohibited from providing account number.

.46994 Transfer of numbers on zero call list to national Do Not Call Registry -- Consumer education materials -- Publication of materials by telephone companies.

.46995 Claims alleging calls made to persons on zero call list -- Defenses.

.46999 Penalty for violation -- Concurrent enforcement powers of Attorney General.

Recreation and Retirement Use Land Sales

.470 Legislative findings.

.472 Definitions.

.474 Performance bond by subdivider -- Cash in lieu of bond.

.476 Offer for sale without bond prohibited.

.477 Statement of buyer's rights.

.4771 Cancellation of purchase of an interest from subdivider.

.4772 Waiver or surrender of cancellation rights prohibited.

.4774 Maintenance fees on Kentucky recreational and retirement use land.

.4776 Easement interest.

.4778 Status of holder or assignee of consumer credit contract -- Limitation on liability.

.478 Registration of seller -- Fee.

.479 Return of payments and notes of indebtedness.

.480 Administrative regulations.

.482 Road system and grading of lots necessary prior to sale of lots.

.484 Attorney General's ability to obtain restraining order -- Availability of remedies of Consumer Protection Act -- Authority to promulgate administrative regulations.

.486 Exemptions for certain subdividers.

Underground Facility Damage Prevention

.4901 Legislative declaration -- Short title for KRS 367.4901 to 367.4917.

.4903 Definitions for KRS 367.4903 to 367.4917.

.4905 Permit not relieving person from complying with provisions of KRS 367.4905 to 367.4917.

.4907 Responsibility of persons engaging in nonemergency and emergency work.

.4909 Operator to provide protection notification center access to excavators -- Color coding for temporary underground facility markers -- Operator's inability to comply due to extraordinary circumstances.

.4911 Excavator to notify operator of work schedule -- Responsibilities of excavator.

.4913 Duties of protection notification center.

.4915 Activities exempt from provisions of KRS 367.4905 to 367.4917.

.4917 Penalties -- Payment and apportionment of fines.

Misrepresentation of Geographical Location

.500 Listing of floral business in telephone directory -- Misrepresentation of geographical location prohibited - Application.

Subscription Sales of Printed Material

.510 "Solicitor" defined.

.513 Registration of solicitor of subscription sales of printed material -- Information required.

.515 Registration fee -- Display of registration receipt -- Exceptions.

.520 Voidable contracts for sale of printed material.

.530 Permanent registration books maintained.

.540 Statement of magazine subscription date.

Negative Option Plan

.570 Definitions.

.575 Unfair practices -- Duties of Attorney General.

.580 Contents of promotional material -- Time limits for mailing.

.585 Duties of the seller.

Consumer Credit Contracts

.600 Definitions.

.610 Assignee of rights of seller or lessor subject to defenses of buyer against seller or lessor -- Exception.

Solicitation for Charitable and Civic Purposes

.650 Definitions for KRS 367.650 to 367.670.

.652 Registration of professional solicitors and fundraising consultants -- Prohibitions -- Background check.

.653 Contracts -- Requirements -- Filing of contract and promotion registration statement -- Violability of contract with unregistered party.

.655 Repealed, 1994.

.656 Nonacceptance, revocation, suspension, or refusal to renew registration -- Judicial review -- Civil action.

.657 Filing of federal Form 990 fulfills reporting requirement.

.658 Financial report of campaign -- Filing -- Audit.

.660 Exempt solicitations.

.665 Applicability of remedies, powers, and duties of Attorney General provided by KRS 367.190 to 367.300 or by other provisions of law.

.666 Interstate reciprocal agreements on exchanging information -- Fiscal records -- Contribution deposit requirements -- Maintenance of records.

.667 Prohibited acts and practices in charitable solicitations.

.668 Disclosure requirements.

.669 Local ordinances, rules, and regulations.

.670 Powers of Attorney General not limited or restricted.

Sale of Contact Lenses

.680 Definitions for KRS 367.680 to 367.690.

.681 Contents of contact lens prescription.

.682 Expiration of contact lens prescription.

.683 Verification of contact lens prescription.

.684 Responsibility for accurate dispensing of contact lens prescription -- Limitation of liability.

.685 Prerequisites for writing contact lens prescriptions.

.686 Restrictions on sale or delivery of contact lenses to Kentucky residents by nonresidents.

.687 Registration of nonresident mail order contact lens sellers with Attorney General.

.688 Investigation and registration of nonresident dispensers of contact lenses by Attorney General -- Fee.

.689 Administrative regulations to be promulgated by Attorney General.

.690 Penalties -- Hearing -- Appeals.

Mobile Home Sales

.710 Definitions.

.715 Presumption of nonmerchantability.

.720 Rebuttal of presumption of nonmerchantability.

.725 Notice by owner of nonmerchantability.

.730 Examination by manufacturer, dealer or wholesaler and notification to owner of result.

.735 Owner to make mobile home available for repair.

.740 Equivalent accommodation or compensation to be supplied to owner during repair.

.745 Return of purchase price or supplying of new mobile home in lieu of repairs.

.750 Action to recover purchase price.

.755 Warranties not excluded -- Procedure to justify price increase.

.760 Description of defect repaired on new mobile home.

.765 Information to be furnished purchaser by seller.

.770 Warranties.

.775 Rights and remedies.

Sale of Business Opportunities

.801 Definitions for KRS 367.801 to 367.819 and KRS 367.990.

.803 Repealed, 1994.

.805 Registration of persons engaged in sale of business opportunities -- Authority for administrative regulations.

.807 Exemptions from registration -- Authority for administrative regulations.

.809 Registration number -- Inclusion in advertising.

.811 Representation regarding potential sale, income, or profit.

.813 Display of registration.

.815 Liability for false, misleading, or deceptive representations -- Bond or deposit to insure veracity of statements -- Maintenance of records.

.816 Agreement or arrangement for a business opportunity -- Requirements -- Effect of noncompliance -- Nonwaiverability.

.817 Restraining order.

.819 Cancellation by purchaser.

Health Care Practitioners

.825 Definitions.

.826 Accredited degree required.

Health Discount Plans

.828 Health discount plan -- Penalties.

Pyramid Sales

.830 Definitions.

.832 Pyramid distribution plan prohibited.

.834 Powers of Attorney General -- Powers of Commonwealth or its agencies not limited.

.836 Short title.

Defective New Cars

.840 KRS 367.841 to 367.844 to be construed liberally -- Purposes.

.841 Definitions.

.842 Options of buyer if manufacturer unable to repair nonconformity in new motor vehicle -- Rights of lienholder -- Resolution of disputes -- Dealer not liable.

.843 Action for relief by purchaser.

.844 Manufacturer prohibited from exposing franchised dealer to liability.

.845 Enforcement of provisions of KRS 367.842 to 367.844 by Attorney General.

.846 Application of KRS 367.840 to 367.845.

Kosher Meats or Meat Preparations

.850 False representation of kosher meats or meat preparations -- Advertising -- Sale.

Fresh Meat or Meat Products Produced Outside United States

.855 Sign to indicate fresh meat or fresh meat product produced outside United States -- Exemptions.

.857 Wholesalers, distributors or processors to indicate in writing the place of origin.

Informal Dispute Resolution System

.860 Definitions for KRS 367.865.

.865 Informal dispute resolution system.

.867 Other dispute resolution system satisfies requirements of KRS 367.865.

.870 Enforcement of informal dispute resolution system.

Gift Cards

.890 "Gift card" defined -- Earliest permissible expiration dates -- Extra charges and fees prohibited -- Liability of violator.

Health Spas

.900 Definitions.

.905 Registration of health spa -- Annual registration statement and fee -- Surety bond -- Separate locations.

.906 Form and amount of surety bonds -- Exemptions from bonding requirement -- Effect of change in membership, ownership.

.910 Written contract -- Contents.

.911 Term of contract.

.912 Noncomplying contract void and unenforceable -- Waiver deemed void.

.913 Member's cancellation rights.

.915 List of membership plans.

.920 Prohibited activities.

.925 Remedies.

.930 Action in Circuit Court -- Attorney's fees -- Effect of judgment -- Statute of limitations.

Preneed Funeral Service, Burial, or Cemetery Merchandise Contracts

.932 Definitions.

.934 Preneed payments and increments as trust funds -- Conditions required for disbursements.

.936 Refund to persons making payments.

.937 Permissibility of irrevocable trust provision -- Effect on determining eligibility for entitlement programs -- Required form for application.

.938 Trust funds, how kept and deposited -- Separate accounting record for each contract.

.940 License as agent required -- Fee -- Service charge -- Annual report to Attorney General -- Report not available to general public.

.942 Records of licensee -- Examination by Attorney General.

.944 Attorney General may hire independent auditor -- Cost incurred to be included in court costs.

.946 Registration of person selling cemetery merchandise and every cemetery company -- Fee -- Annual report.

.948 Records of registrants.

.950 Audit by special auditor hired by Attorney General -- Cost of audit to be taxed as court costs.

.952 Perpetual care and maintenance -- Creation of funds by cemetery companies -- Required payments -- Local government exemption -- Termination, distribution, and use of funds in local government trust fund.

.954 Forty percent of funds paid for cemetery merchandise to be held in trust for purchaser until delivery -- Bond in lieu of trust fund.

.956 Return of deposits, plus income thereon, in cases of default on part of seller.

.958 Sale of mausoleum or underground crypts or columbaria.

.960 Temporary facilities.

.962 Allocation of payments -- Increase of gross sale price prohibited.

.964 Consumer security account.

.966 Contract waiving statutory provisions null and void.

.968 Liability of officers, owners, directors and shareholders of companies subject to KRS 367.932 to 367.974 and 367.991.

.970 Ninety-day completion date on installing foundations -- Excusable delay.

.972 Powers of Attorney General.

.973 Disciplinary powers of Attorney General -- Hearing -- Appeal.

.974 Disposition of fees collected under KRS 367.932 to 367.972.

Crematoria and Crematory Operators

.97501 Definitions for KRS 367.97501 to 367.97537.

.97504 Crematory authority license -- Fees -- Operations procedures -- Records -- Annual report.

.97507 Identification requirements.

.97511 Holding restrictions.

.97514 Processing procedures and restrictions.

.97517 Disposition of cremated remains.

.97521 Closed container for cremated remains -- Temporary container.

.97524 Cremation authorization form required -- Disposal or delivery of cremated remains.

.97527 Preneed cremation authorization form -- Procedure in event of conflict.

.97531 Facsimile-transmitted cremation authorization form.

.97534 Denial, suspension, or revocation of license -- Hearing -- Appeal -- Availability of Consumer Protection Act remedies -- Authority of Attorney General under other laws and to promulgate administrative regulations.

.97537 Crematory licensure and regulation fund.

Rental-Purchase Agreements

.976 Definitions for KRS 367.976 to 367.985.

.977 Necessary disclosures for rental-purchase agreement.

.978 Form of disclosures -- Receipts for payments made by cash or money order.

.979 Prohibited provisions.

.980 Required provisions.

.981 Renegotiation of rental-purchase agreement.

.982 Advertisement for rental-purchase agreement.

.983 Civil remedies for consumers injured by violations of KRS 367.976 to 367.985.