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§ 367.110 |
Definitions |
§ 367.120 |
Legislative intent — Title |
§ 367.130 |
Consumers’ Advisory Council — Members — Appointment |
§ 367.140 |
Consumers’ Advisory Council — Meetings — Quorum — Compensation |
§ 367.150 |
Functions, powers and duties of Department of Law |
§ 367.152 |
Attorney General’s concurrent authority to enforce bait advertising statute |
§ 367.160 |
Cooperation of state agencies — Access to material evidence and information by utility and health insurance intervenors |
§ 367.170 |
Unlawful acts |
§ 367.175 |
Other unlawful acts |
§ 367.176 |
Construction of KRS 367.175 |
§ 367.180 |
Knowledge required in violation by publisher |
§ 367.190 |
Injunction — Hearing |
§ 367.200 |
Restoration of property — Appointment of receiver |
§ 367.210 |
Powers of receiver — Distribution of assets |
§ 367.220 |
Action for recovery of money or property — When action may be brought |
§ 367.230 |
Assurance of voluntary compliance |
§ 367.240 |
Investigation — Demand for information or evidence |
§ 367.250 |
Subpoenas — Oath — Confidential information |
§ 367.260 |
Unreasonable investigation |
§ 367.270 |
Impounding of evidence in matter under investigation |
§ 367.280 |
Service of subpoena — Service upon persons outside Commonwealth |
§ 367.290 |
Failure to obey subpoena or investigative demand of Attorney General — Revocation of corporate charter — Revocation of licenses |
§ 367.300 |
Assistance to Attorney General — Reporting |
§ 367.310 |
Consumer reporting agency records restriction |
§ 367.320 |
Processing of payments by servicer of high-cost home loan |
§ 367.350 |
Rebate of sale or lease price contingent on referral of additional customer prohibited |
§ 367.360 |
Subpoenas — Oaths — Hearings — Confidential information |
§ 367.363 |
Definitions for KRS 367.363 to 367.365 |
§ 367.364 |
Persons not required to place a security freeze on a consumer report |
§ 367.3645 |
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 ci |
§ 367.365 |
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 |
§ 367.370 |
Funds recovered in legal action for state handled in accordance with KRS 48.005 |
§ 367.372 |
Definitions for KRS 367.372 to 367.378 |
§ 367.374 |
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 |
§ 367.376 |
Notice of Governor’s implementation of KRS 367.372 to 367.378 — Renewal and termination notice |
§ 367.378 |
Exclusive penalties for violation of KRS 367.374 — Applicability of chapter — Powers of Attorney General |
§ 367.380 |
Definitions for KRS 367.380 to 367.389 |
§ 367.381 |
Prohibited acts |
§ 367.383 |
Liability of loan broker’s principal |
§ 367.385 |
Violation of KRS 367.381 deemed unlawful act under Consumer Protection Act — Availability of Consumer Protection Act remedies — Authority to promulgate administrative regulations |
§ 367.387 |
Remedies for borrower — Time limitation |
§ 367.389 |
Nonexclusivity of remedies and penalties |
§ 367.390 |
Right to refinance consumer loan or consumer credit transaction — Conditions — Exception |
§ 367.393 |
Certificates of deposit — Renewal term and rate — Violation and penalties |
§ 367.395 |
Definitions |
§ 367.397 |
Cancellation of club membership |
§ 367.399 |
Membership contract requirements — Disclosure of cancellation rights |
§ 367.401 |
Disclosure of refund requirement and that savings claims are based on comparisons with retailers doing business in area |
§ 367.403 |
Bond requirement |
§ 367.405 |
Remedies, powers and duties of Attorney General |
§ 367.407 |
Exemptions — Conditions |
§ 367.4081 |
Definitions for KRS 367.4081 to 367.4083 |
§ 367.4082 |
Prohibited solicitation of person involved in motor vehicle accident by a healthcare provider or intermediary |
§ 367.410 |
Definition of home solicitation sale |
§ 367.420 |
Buyer’s right to cancel home solicitation sale — Method of cancellation |
§ 367.430 |
Notice of buyer’s right to cancel home solicitation sale — Emergency sales exempted |
§ 367.440 |
Return of evidence of sale to buyer after cancellation |
§ 367.450 |
Return of goods to seller after cancellation — Time and place of return — Seller’s compensation — Application of statute |
§ 367.460 |
Status of waiver of rights provided under KRS 367.410 to 367.450 by buyer |
§ 367.461 |
Conditions for use of automated calling equipment |
§ 367.463 |
Consent to calls made with automated calling equipment — Written consent — Withdrawal of written consent — Period of validity of written consent |
§ 367.465 |
Prohibitions relating to use of automated calling equipment to solicit calls for telephone fee lines |
§ 367.467 |
Applicability of remedies of Consumer Protection Act |
§ 367.469 |
Requirement of permit from Attorney General — Surety bond — Authority to promulgate administrative regulations |
§ 367.46951 |
Definitions for KRS 367.46951 to 367.46999 and 367.990 |
§ 367.46953 |
Requirements for making telephone solicitation |
§ 367.46955 |
Prohibited telephone solicitation acts and practices |
§ 367.46957 |
Contract or agreement voidable by consumer if resulting from nonconforming telephone solicitation |
§ 367.46961 |
Cancellation of contract not reduced to writing — Exception |
§ 367.46963 |
Requirements to be met before accepting payment from or charging consumer |
§ 367.46967 |
Violation as unfair or deceptive trade practice — Powers of Attorney General |
§ 367.46971 |
Registration of telemarketing companies doing business in this state — Filing fee — Renewal — Addendum — Written confirmation of receipt of filing — Posting of registration statement |
§ 367.46973 |
Contents of filing |
§ 367.46977 |
Disclosure requirements for sale presentations |
§ 367.46981 |
Bond required for telemarketing companies — Notification to Attorney General of promotion offering premium |
§ 367.46983 |
Authority for administrative regulations |
§ 367.46987 |
Person using electronic equipment for solicitation deemed to have accepted Kentucky law |
§ 367.46991 |
Burden of proving exemption or defense on claimant |
§ 367.46993 |
Telemarketer prohibited from contacting credit card issuer to obtain account number — Issuer prohibited from providing account number |
§ 367.46994 |
Transfer of numbers on zero call list to national Do Not Call Registry — Consumer education materials — Publication of materials by telephone companies |
§ 367.46995 |
Claims alleging calls made to persons on zero call list — Defenses |
§ 367.46999 |
Penalties for violation — Concurrent enforcement powers of Attorney General |
§ 367.470 |
Legislative findings |
§ 367.472 |
Definitions |
§ 367.474 |
Performance bond by subdivider — Cash in lieu of bond |
§ 367.476 |
Offer for sale without bond prohibited |
§ 367.477 |
Statement of buyer’s rights |
§ 367.4771 |
Cancellation of purchase of an interest from subdivider |
§ 367.4772 |
Waiver or surrender of cancellation rights prohibited |
§ 367.4774 |
Maintenance fees on Kentucky recreational and retirement use land |
§ 367.4776 |
Easement interest |
§ 367.4778 |
Status of holder or assignee of consumer credit contract — Limitation on liability |
§ 367.478 |
Registration of seller — Fee |
§ 367.479 |
Return of payments and notes of indebtedness |
§ 367.480 |
Administrative regulations |
§ 367.482 |
Road system and grading of lots necessary prior to sale of lots |
§ 367.484 |
Attorney General’s ability to obtain restraining order — Availability of remedies of Consumer Protection Act — Authority to promulgate administrative regulations |
§ 367.486 |
Exemptions for certain subdividers |
§ 367.4901 |
Legislative declaration — Short title for KRS 367.4901 to 367.4917 |
§ 367.4903 |
Definitions for KRS 367.4903 to 367.4917 |
§ 367.4905 |
Permit not relieving person from complying with provisions of KRS 367.4905 to 367.4917 |
§ 367.4907 |
Responsibility of persons engaging in nonemergency and emergency work |
§ 367.4909 |
Operator to provide protection notification center access to excavators — Kentucky Contact Center — Report of excavation damage – Duties of operators upon receiving requests — Rejection of design information request — Color coding for temporary |
§ 367.4911 |
Excavator or person responsible for excavation to notify operator’s notification center of work schedule — Duties of entities responsible for excavation and demolition |
§ 367.4913 |
Duties of protection notification center — Board of directors of Kentucky Contact Center — Kentucky Contact Center to serve all counties |
§ 367.4915 |
Activities exempt from KRS 367.4905 to 367.4917 |
§ 367.4917 |
Penalties — Payment and apportionment of civil penalties — Enforcement by Public Service Commission — Written agreement form — Administrative regulations |
§ 367.500 |
Listing of floral business in telephone directory — Misrepresentation of geographical location prohibited – Application |
§ 367.510 |
“Solicitor” defined |
§ 367.513 |
Registration of solicitor of subscription sales of printed material — Information required |
§ 367.515 |
Registration fee — Display of registration receipt — Exceptions |
§ 367.530 |
Permanent registration books maintained |
§ 367.540 |
Statement of magazine subscription date |
§ 367.550 |
Termination of service contract by military service member |
§ 367.570 |
Definitions |
§ 367.575 |
Unfair practices — Duties of Attorney General |
§ 367.580 |
Contents of promotional material — Time limits for mailing |
§ 367.585 |
Duties of the seller |
§ 367.600 |
Definitions |
§ 367.610 |
Assignee of rights of seller or lessor subject to defenses of buyer against seller or lessor — Exception |
§ 367.620 |
Definitions for KRS 367.620 to 367.628 |
§ 367.622 |
Right to cancel residential roof repair or replacement contract — Conditions — Notice of cancellation |
§ 367.624 |
Roofing contractor’s duty to disclose cancellation rights and provide standard form |
§ 367.626 |
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 |
§ 367.627 |
Actions for injunctive relief and recovery of actual economic damages |
§ 367.628 |
Acts prohibited for roofing contractor |
§ 367.630 |
Definitions for KRS 367.630 to 367.638 |
§ 367.632 |
Disclosure of ownership information for the electronic dissemination of third-party commercial recordings or audiovisual work — Minimum requirements |
§ 367.634 |
Cause of action — Notice |
§ 367.636 |
Additional civil and criminal remedies available |
§ 367.638 |
Liability for unfair, false, misleading, or deceptive act or practice in conduct of trade or commerce — Civil penalties — Powers of Attorney General |
§ 367.650 |
Definitions for KRS 367.650 to 367.670 |
§ 367.652 |
Registration of professional solicitors and fundraising consultants — Prohibitions — Background check |
§ 367.653 |
Contracts — Requirements — Filing of contract and promotion registration statement — Violability of contract with unregistered party |
§ 367.656 |
Nonacceptance, revocation, suspension, or refusal to renew registration — Judicial review — Civil action |
§ 367.657 |
Filing of federal Form 990 fulfills reporting requirement |
§ 367.658 |
Financial report of campaign — Filing — Audit |
§ 367.660 |
Exempt solicitations |
§ 367.664 |
Signage for receptacle or drop-off site for donations of clothing or other items |
§ 367.665 |
Applicability of remedies, powers, and duties of Attorney General provided by KRS 367.190 to 367.300 or by other provisions of law |
§ 367.666 |
Interstate reciprocal agreements on exchanging information — Fiscal records — Contribution deposit requirements — Maintenance of records |
§ 367.667 |
Prohibited acts and practices in charitable solicitations |
§ 367.668 |
Disclosure requirements |
§ 367.669 |
Local ordinances, rules, and regulations |
§ 367.670 |
Powers of Attorney General not limited or restricted |
§ 367.680 |
Definitions for KRS 367.680 to 367.690 |
§ 367.6801 |
Short title for KRS 367.680 to 367.690 |
§ 367.6802 |
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 standa |
§ 367.681 |
Contents of contact lens prescription — Contents of prescription for visual aid glasses — Refusal to release prescription prohibited |
§ 367.682 |
Expiration of contact lens prescription |
§ 367.683 |
Verification of contact lens prescription |
§ 367.684 |
Responsibility for accurate dispensing of contact lens or visual aid glasses prescription — Limitation of liability |
§ 367.685 |
Prerequisites for writing contact lens prescriptions |
§ 367.686 |
Restrictions on sale or delivery of contact lenses or visual aid glasses to Kentucky residents by nonresidents |
§ 367.687 |
Registration of nonresident contact lens sellers with Attorney General |
§ 367.688 |
Investigation and registration of nonresident dispensers of contact lenses and visual aid glasses by Attorney General — Fee |
§ 367.689 |
Administrative regulations to be promulgated by Attorney General |
§ 367.690 |
Penalties — Hearing — Appeals |
§ 367.710 |
Definitions |
§ 367.715 |
Presumption of nonmerchantability |
§ 367.720 |
Rebuttal of presumption of nonmerchantability |
§ 367.725 |
Notice by owner of nonmerchantability |
§ 367.730 |
Examination by manufacturer, dealer or wholesaler and notification to owner of result |
§ 367.735 |
Owner to make mobile home available for repair |
§ 367.740 |
Equivalent accommodation or compensation to be supplied to owner during repair |
§ 367.745 |
Return of purchase price or supplying of new mobile home in lieu of repairs |
§ 367.750 |
Action to recover purchase price |
§ 367.755 |
Warranties not excluded — Procedure to justify price increase |
§ 367.760 |
Description of defect repaired on new mobile home |
§ 367.765 |
Information to be furnished purchaser by seller |
§ 367.770 |
Warranties |
§ 367.775 |
Rights and remedies |
§ 367.801 |
Definitions for KRS 367.801 to 367.819 and KRS 367.990 |
§ 367.805 |
Registration of persons engaged in sale of business opportunities — Authority for administrative regulations |
§ 367.807 |
Exemptions from registration — Authority for administrative regulations |
§ 367.809 |
Registration number — Inclusion in advertising |
§ 367.811 |
Representation regarding potential sale, income, or profit |
§ 367.813 |
Display of registration |
§ 367.815 |
Liability for false, misleading, or deceptive representations — Bond or deposit to insure veracity of statements — Maintenance of records |
§ 367.816 |
Agreement or arrangement for a business opportunity — Requirements — Effect of noncompliance — Nonwaiverability |
§ 367.817 |
Restraining order |
§ 367.819 |
Cancellation by purchaser |
§ 367.825 |
Definitions |
§ 367.826 |
Accredited degree required |
§ 367.828 |
Health discount plan — Penalties |
§ 367.830 |
Definitions |
§ 367.832 |
Pyramid distribution plan prohibited |
§ 367.834 |
Powers of Attorney General — Powers of Commonwealth or its agencies not limited |
§ 367.836 |
Short title |
§ 367.83801 |
Legislative findings for KRS 367.83801 to 367.83807 |
§ 367.83803 |
Definitions for KRS 367.83801 to 367.83807 |
§ 367.83805 |
Department of Law to establish minimum standards for mold remediation companies — Complaints to Attorney General |
§ 367.83807 |
Attorney General’s jurisdiction to enforce KRS 367.83801 to 367.83807 |
§ 367.840 |
KRS 367.841 to 367.844 to be construed liberally — Purposes |
§ 367.841 |
Definitions |
§ 367.842 |
Options of buyer if manufacturer unable to repair nonconformity in new motor vehicle — Rights of lienholder — Resolution of disputes — Dealer not liable |
§ 367.843 |
Action for relief by purchaser |
§ 367.844 |
Manufacturer prohibited from exposing franchised dealer to liability |
§ 367.845 |
Enforcement of provisions of KRS 367.842 to 367.844 by Attorney General |
§ 367.846 |
Application of KRS 367.840 to 367.845 |
§ 367.850 |
False representation of kosher meats or meat preparations — Advertising — Sale |
§ 367.855 |
Sign to indicate fresh meat or fresh meat product produced outside United States — Exemptions |
§ 367.857 |
Wholesalers, distributors or processors to indicate in writing the place of origin |
§ 367.860 |
Definitions for KRS 367.865 |
§ 367.865 |
Informal dispute resolution system |
§ 367.867 |
Other dispute resolution system satisfies requirements of KRS 367.865 |
§ 367.870 |
Enforcement of informal dispute resolution system |
§ 367.890 |
“Gift card” defined — Earliest permissible expiration dates — Extra charges and fees prohibited — Liability of violator |
§ 367.900 |
Definitions |
§ 367.905 |
Registration of health spa — Annual registration statement and fee — Surety bond — Separate locations |
§ 367.906 |
Form and amount of surety bonds — Exemptions from bonding requirement — Effect of change in membership, ownership |
§ 367.910 |
Written contract — Contents |
§ 367.911 |
Term of contract |
§ 367.912 |
Noncomplying contract void and unenforceable — Waiver deemed void |
§ 367.913 |
Member’s cancellation rights |
§ 367.915 |
List of membership plans |
§ 367.920 |
Prohibited activities |
§ 367.925 |
Remedies |
§ 367.930 |
Action in Circuit Court — Attorney’s fees — Effect of judgment — Statute of limitations |
§ 367.93101 |
Definitions for KRS 367.93101 to 367.93121 |
§ 367.93103 |
Funeral planning declarations |
§ 367.93105 |
Declaration may specify declarant’s preferences |
§ 367.93107 |
Most recent declaration of preferences prevails |
§ 367.93109 |
Immunity from liability for actions based on good-faith reliance on a declaration |
§ 367.93111 |
Declaration effective until revoked — Delivery of revocation |
§ 367.93113 |
Events that revoke a designation of authority in a declaration to the declarant’s spouse |
§ 367.93115 |
Failure of person to timely assume obligation in a declaration — Authority to make arrangements in absence of declaration |
§ 367.93117 |
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 — Disqualification of person arrested for or charged with the death — Petition to w |
§ 367.93119 |
No requirement to honor a declaration executed in another state |
§ 367.93121 |
Action to contest or determine validity of declaration, cremation authorization form, or disqualification from control over disposition of remains — Resolution of conflict |
§ 367.932 |
Definitions |
§ 367.934 |
Preneed payments and increments as trust funds — Conditions required for disbursements |
§ 367.936 |
Refund to persons making payments |
§ 367.937 |
Permissibility of irrevocable trust provision — Effect on determining eligibility for entitlement programs — Required form for application |
§ 367.938 |
Trust funds, how kept and deposited — Separate accounting record for each contract |
§ 367.940 |
License as agent required — Fee — Service charge — Annual report to Attorney General — Report not available to general public |
§ 367.942 |
Records of licensee — Examination by Attorney General |
§ 367.944 |
Attorney General may hire independent auditor — Cost incurred to be included in court costs |
§ 367.946 |
Registration of person selling cemetery merchandise and every cemetery company — Fee — Annual report |
§ 367.948 |
Records of registrants |
§ 367.950 |
Audit by special auditor hired by Attorney General — Cost of audit to be taxed as court costs |
§ 367.952 |
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 |
§ 367.954 |
Forty percent of funds paid for cemetery merchandise to be held in trust for purchaser until delivery — Bond in lieu of trust fund |
§ 367.956 |
Return of deposits, plus income thereon, in cases of default on part of seller |
§ 367.958 |
Sale of mausoleum or underground crypts or columbaria |
§ 367.962 |
Allocation of payments — Increase of gross sale price prohibited |
§ 367.964 |
Consumer security account |
§ 367.966 |
Contract waiving statutory provisions null and void |
§ 367.968 |
Liability of officers, owners, directors and shareholders of companies subject to KRS 367.932 to 367.974 and 367.991 |
§ 367.970 |
Ninety-day completion date on installing foundations — Excusable delay |
§ 367.972 |
Powers of Attorney General |
§ 367.973 |
Disciplinary powers of Attorney General — Hearing — Appeal |
§ 367.974 |
Disposition of fees collected under KRS 367.932 to 367.972 |
§ 367.97501 |
Definitions for KRS 367.97501 to 367.97537 |
§ 367.97504 |
Crematory authority license — Fees — Operations procedures — Records — Annual report |
§ 367.97507 |
Identification requirements |
§ 367.97511 |
Holding restrictions |
§ 367.97514 |
Processing procedures and restrictions |
§ 367.97517 |
Disposition of cremated remains |
§ 367.97521 |
Closed container for cremated remains — Temporary container |
§ 367.97524 |
Cremation authorization form required — Disposal or delivery of cremated remains — Unclaimed cremated remains — Limitation of liability |
§ 367.97527 |
Funeral planning declaration directing cremation |
§ 367.97531 |
Facsimile-transmitted cremation authorization form |
§ 367.97534 |
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 |
§ 367.97537 |
Crematory licensure and regulation fund |
§ 367.976 |
Definitions for KRS 367.976 to 367.985 |
§ 367.977 |
Necessary disclosures for rental-purchase agreement |
§ 367.978 |
Form of disclosures — Receipts for payments made by cash or money order |
§ 367.979 |
Prohibited provisions |
§ 367.980 |
Required provisions |
§ 367.981 |
Renegotiation of rental-purchase agreement |
§ 367.982 |
Advertisement for rental-purchase agreement |
§ 367.983 |
Civil remedies for consumers injured by violations of KRS 367.976 to 367.985 |
§ 367.984 |
Limitation of actions |
§ 367.985 |
Effect of unintentional violation and timely adjustment of error |
§ 367.990 |
Penalties |
§ 367.991 |
Penalty for violation of KRS 367.932 to 367.974 |
§ 367.992 |
Penalty for violation of KRS 367.826 |
§ 367.993 |
Penalty for violations of KRS 367.4774 and 367.381 |