2013 Kentucky Revised Statutes
Download as PDF
367.983 Civil remedies for consumers injured by violations of KRS 367.976 to
A lessor who fails to comply with a requirement imposed in KRS 367.977,
367.978, 367.979, or 367.980 with respect to a consumer shall be liable to the
consumer in an amount equal to the greater of:
(a) The actual damages sustained by the consumer as a result of the
violation, plus the costs of the action and reasonable attorneys' fees;
(b) In the case of an individual action, twenty-five percent (25%) of the total
of payments necessary to acquire ownership but not less than one
hundred dollars ($100) nor greater than one thousand dollars ($1,000),
plus the costs of the action and reasonable attorneys' fees; or
(c) In the case of a class action, the amount the court determines to be
appropriate with no minimum recovery as to each member, plus the costs
of the action and reasonable attorneys' fees. The total recovery in any
class action or series of class actions arising out of the same violation
shall not be more than the lesser of five hundred thousand dollars
($500,000), plus the costs of the action and reasonable attorneys' fees or
one percent (1%) of the net worth of the lessor, plus the costs of the
action and reasonable attorneys' fees. In determining the amount of any
award in a class action, the court shall consider, among other relevant
factors, the amount of actual damages awarded, the frequency and
persistence of the violation, the lessor's resources, and the extent to
which the lessor's violation was intentional.
In the case of an advertisement, any lessor who fails to comply with the
requirements of KRS 367.982 with regard to any person shall be liable to that
person for actual damages suffered from the violation, the costs of the action,
and reasonable attorneys' fees.
If there are multiple lessors, liability shall be imposed only on the lessor who
made the disclosures. If no disclosures have been given, liability shall be
imposed on all lessors.
If there are multiple consumers in a rental-purchase agreement, there shall be
only one (1) recovery of damages under subsection (1) of this section for a
violation of KRS 367.976 to 367.985.
Multiple violations in connection with a rental-purchase agreement shall entitle
the consumer to a single recovery under this section.
A consumer shall not take any action to offset any amount for which a lessor is
potentially liable under subsection (1) of this section against any amount owed
by the consumer, unless the amount of the lessor's liability has been
determined by judgment of a court of competent jurisdiction in an action in
which the lessor was a party. This subsection shall not bar a consumer then in
default on the obligation from asserting a violation of KRS 367.976 to 367.985
as an original action, or as a defense or counterclaim to an action brought by
lessor to collect amounts owed by the consumer.
In connection with any transaction covered under KRS 367.976 to 367.985, the
lessor shall preserve evidence of compliance with the provisions of KRS
367.976 to 367.985 for not less than two (2) years from the date of
consummation of the agreement.
Effective:July 13, 1990
History: Created 1990 Ky. Acts ch. 196, sec. 8, effective July 13, 1990; and
ch. 304, sec. 8, effective July 13, 1990.
Legislative Research Commission Note (7/13/90). This section was created by
two separate 1990 Acts which are identical and have therefore been compiled
CHAPTER 367 - CONSUMER PROTECTION
367.983 Civil remedies for consumers injured by violations of KRS 367.976 to 367.985.
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.