2018 Kentucky Revised Statutes
CHAPTER 367 - CONSUMER PROTECTION

• .010 Repealed, 1972 .
• .020 Repealed, 1972 .
• .030 Repealed, 1972 .
• .040 Repealed, 1972 .
• .050 Repealed, 1972 .
• .060 Repealed, 1972 .
• .070 Repealed, 1972 .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• .178 Repealed, 2013. (Effective June 25, 2013)
• .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.
• .3645 Request for security freeze on protected person's record or consumer report -- Effect of security freeze -- Removal of security freeze -- Fees -- Liability for willful noncompliance or acting under false pretenses -- Nonapplicability to specified circumstances.
• .365 Consumer's election regarding security freeze on consumer report -- Subsequent access -- Duties of consumer reporting agency -- Duration of security freeze -- Removal and temporary lifting -- Inapplicability to certain consumer reports -- Permitted charges for security freeze -- Changes to official consumer report information -- Penalties for section's violation.

Funds Recovered for State in Legal Action

• .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 -- Fifteen-day prohibition against grossly excessive prices -- Additional fifteen-day extensions to protect citizens -- Application of section.
• .376 Notice of Governor's implementation of KRS 367.372 to 367.378 -- Renewal and termination notice.
• .378 Exclusive penalties for violation of KRS 367.374 -- 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.

Solicitations After Accident

• .4081 Definitions for KRS 367.4081 to 367.4083.
• .4082 Prohibited solicitation of person involved in motor vehicle accident by a healthcare provider or intermediary.
• .4083 Voiding of charges billed for health services rendered by healthcare provider in violation of KRS 367.4082.
• .409 Repealed, 2015. (Effective June 24, 2015)

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 Penalties 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 -- Kentucky Contact Center -- Report of excavation damage -- Rejection of design information request -- Color coding for temporary underground facility markers -- Operator's inability to comply due to extraordinary circumstances -- Underground facilities installed after January 1, 2013.
• .4911 Excavator or person responsible for excavation to notify operator of work schedule -- Responsibilities of excavator.
• .4913 Duties of protection notification center -- Board of directors of Kentucky Contact Center -- Kentucky Contact Center to serve all counties.
• .4915 Activities exempt from KRS 367.4905 to 367.4917.
• .4917 Penalties -- Payment and apportionment of fines -- Enforcement by Public Service Commission -- Administrative regulations.

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.

Residential Roof Repair or Replacement Contracts

• .620 Definitions for KRS 367.620 to 367.628.
• .622 Right to cancel residential roof repair or replacement contract -- Conditions -- Notice of cancellation.
• .624 Roofing contractor's duty to disclose cancellation rights and provide standard form.
• .626 Advance payments prohibited during cancellation period -- Return of payments or notes of indebtedness -- Contractor's right to collect reasonable amount for services performed -- Unenforceable contract provisions.
• .627 Actions for injunctive relief and recovery of actual economic damages.
• .628 Acts prohibited for roofing contractor.

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.
• .664 Signage for receptacle or drop-off site for donations of clothing or other items.
• .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.

Consumer Protection in Eye Care Act

• .680 Definitions for KRS 367.680 to 367.690.
• .6801 Short title for KRS 367.680 to 367.690.
• .6802 Assessment mechanism required to conduct eye assessment or to generate prescription for corrective eyewear -- Duties of optometrist, osteopath, or physician -- Required disclosures to patient -- Construction of statute -- Appropriate practice standards.
• .681 Contents of contact lens prescription -- Contents of prescription for visual aid glasses -- Refusal to release prescription prohibited.
• .682 Expiration of contact lens prescription.
• .683 Verification of contact lens prescription.
• .684 Responsibility for accurate dispensing of contact lens or visual aid glasses prescription -- Limitation of liability.
• .685 Prerequisites for writing contact lens prescriptions.
• .686 Restrictions on sale or delivery of contact lenses or visual aid glasses to Kentucky residents by nonresidents.
• .687 Registration of nonresident contact lens sellers with Attorney General.
• .688 Investigation and registration of nonresident dispensers of contact lenses and visual aid glasses 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.

Mold Remediation Standards

• .83801 Legislative findings for KRS 367.83801 to 367.83807.
• .83803 Definitions for KRS 367.83801 to 367.83807.
• .83805 Department of Law to establish minimum standards for mold remediation companies -- Complaints to Attorney General.
• .83807 Attorney General's jurisdiction to enforce KRS 367.83801 to 367.83807.

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.

Funeral Planning

• .93101 Definitions for KRS 367.93101 to 367.93121.
• .93103 Funeral planning declarations.
• .93105 Declaration may specify declarant's preferences.
• .93107 Most recent declaration of preferences prevails.
• .93109 Immunity from liability for actions based on good-faith reliance on a declaration.
• .93111 Declaration effective until revoked -- Delivery of revocation.
• .93113 Events that revoke a designation of authority in a declaration to the declarant's spouse.
• .93115 Failure of person to timely assume obligation in a declaration -- Authority to make arrangements in absence of declaration.
• .93117 Persons with authority to make funeral, burial, or other ceremonial arrangements after an individual's death -- Authority for funeral home or District Court to act.
• .93119 No requirement to honor a declaration executed in another state.
• .93121 Action to contest or determine validity of declaration or cremation authorization form -- Resolution of conflict.

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 Funeral planning declaration directing cremation.
• .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.
• .984 Limitation of actions.
• .985 Effect of unintentional violation and timely adjustment of error.

Penalties

• .990 Penalties.
• .991 Penalty for violation of KRS 367.932 to 367.974.
• .992 Penalty for violation of KRS 367.826.
• .993 Penalty for violations of KRS 367.4774 and 367.381.