03RS HB342


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HB 342 (BR 335) - S. Westrom

     AN ACT relating to consumer contracts.
     Create a new section of KRS Chapter 372 to provide that a choice-of-forum provision in a consumer contract entered into via an electronic medium is voidable as contrary to public policy if the contract involves the sale or lease of goods, services, or information, a jurisdiction other than Kentucky is selected as the exclusive judicial forum for actions on the contract, the consumer against whom the choice-of-forum provision is sought is a resident of this state, and the amount in controversy does not exceed the jurisdictional limits of the small claims division of the District Court; provide that a choice-of-forum provision is not voidable as contrary to public policy if the contract contains an agreement to mediate or arbitrate in accordance with the provisions of KRS Chapter 417 or federal arbitration law and the consumer is not required to appear outside of the Commonwealth; amend KRS 454.210 to define "information"; provide that courts of the Commonwealth may exercise personal jurisdiction over persons who contract to supply information in this state.


     HCS - Amend to apply to all consumer contracts rather than just consumer contracts entered into electronically; provide even-handed applicability to merchants within and without the Commonwealth and to their consumers; make retroactive five years prior to the effective date.

     Feb 5-introduced in House
     Feb 6-to Judiciary (H)
     Feb 10-posted in committee
     Feb 26-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 28, 2003
     Feb 28-3rd reading, passed 93-0 with Committee Substitute
     Mar 3-received in Senate; to Judiciary (S)

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