2013 Kentucky Revised Statutes
Download as PDF
367.930 Action in Circuit Court -- Attorney's fees -- Effect of judgment -Statute of limitations.
Any person who purchases a health spa membership or enters into a contract
to purchase a health spa membership and thereby suffers any ascertainable
loss of money or property, real or personal, as a result of the use or
employment by another person or corporation of an act or practice declared
unlawful by KRS 367.905 to 367.920 may bring an action pursuant to the Rules
of Civil Procedure in the Circuit Court in which the seller resides or has his
principal place of business or is doing business, or in the Circuit Court in which
the purchaser of the membership resides, or where the transaction occurred, to
recover actual damages. The court may award such equitable relief as it
deems necessary or proper. Nothing in this section shall be construed to limit a
person's right to seek punitive damages where appropriate.
In any action brought by a person under this section, the court may award, to
the prevailing party, in addition to the relief provided in this section, reasonable
attorney's fees and costs.
Any permanent injunction, judgment, or order of the court made under KRS
367.925 shall be prima facie evidence in an action under this section that the
respondent used or employed a method, act, or practice declared unlawful by
KRS 367.905 to 367.930.
Any person bringing an action under this section must bring such an action
within one (1) year after any action of the Attorney General has been
terminated or within two (2) years after the violation of this section is
discovered, whichever is later.
Effective:July 15, 1982
History: Created 1982 Ky. Acts ch. 298, sec. 7, effective July 15, 1982.
CHAPTER 367 - CONSUMER PROTECTION
367.930 Action in Circuit Court -- Attorney's fees -- Effect of judgment -- Statute of limitations.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.