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367.985 Effect of unintentional violation and timely adjustment of error.
(1)
(2)
(3)
A lessor shall not be liable under KRS 367.983 for a violation of KRS 367.976 to
367.985 if the lessor shows by a preponderance of the evidence that the violation
was not intentional and resulted from a bona fide error, such as a clerical
miscalculation, computer malfunctions, programming error, or printing error, even
though the lessor maintained procedures reasonably adapted to avoid such an error.
An error of legal judgment with respect to requirements of this title shall not be
considered a bona fide error.
A lessor shall not be liable under KRS 367.983 for any act done or omitted in good
faith in conformity with any administrative regulation or interpretation promulgated
by the Attorney General or by the division or by an official duly authorized by the
Attorney General or by the division. This rule shall apply even if, after the act or
omission has occurred, the regulation or interpretation is amended, rescinded, or
determined by judicial or other authority to be invalid for any reason.
A lessor shall not be liable under KRS 367.983 for any error if, before the thirtyfirst day after the date the merchant discovers the error and before an action against
the lessor has been filed or written notice of the error received by the lessor, the
lessor gives the consumer written notice of the error and makes adjustments in the
consumer's account as necessary to assure that the consumer will not be required to
pay an amount in excess of the amount disclosed and that the agreement otherwise
complies with KRS 367.976 to 367.985.
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 196, sec. 10, effective July 13, 1990; and ch. 304,
sec. 10, 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 together.
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