Kentucky Statutes 365.505 – Attorney General to enforce — Injunctive relief — Civil penalty
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(1) The Attorney General may enforce the provisions of KRS § 365.490 to KRS § 365.510 and
365.993 by civil action for injunctive relief in any court of competent jurisdiction. In such action to obtain said injunction it shall be sufficient to allege and prove that a violation of KRS § 365.490 to KRS § 365.510 and 365.993 has occurred, and it shall not be necessary to allege or prove that any person has been misled or deceived by said advertisement, claim or implication or that any person has been damaged or sustained any loss as a result of any violation of KRS § 365.490 to KRS § 365.510 and
365.993.
(2) When KRS § 365.490 to KRS § 365.510 and 365.993 are enforced by the Attorney General through civil action, he may ask for and the court may assess a civil penalty for the benefit of the Commonwealth, not to exceed the sum of $2,000, said civil penalty to be in lieu of all penalties set forth in KRS § 365.993.
(3) Nothing contained herein shall prevent any person who is threatened with loss or who has been damaged by reason of a violation of KRS § 365.490 to KRS § 365.510 and
365.993, to sue for injunctive relief to prevent damages, or to recover damages sustained as a result of said violation. In order to obtain injunctive relief, it shall not be necessary to allege or prove that an adequate remedy at law does not exist.
History: Created 1966 Ky. Acts ch. 204, sec. 6.
365.993 by civil action for injunctive relief in any court of competent jurisdiction. In such action to obtain said injunction it shall be sufficient to allege and prove that a violation of KRS § 365.490 to KRS § 365.510 and 365.993 has occurred, and it shall not be necessary to allege or prove that any person has been misled or deceived by said advertisement, claim or implication or that any person has been damaged or sustained any loss as a result of any violation of KRS § 365.490 to KRS § 365.510 and
Terms Used In Kentucky Statutes 365.505
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
365.993.
(2) When KRS § 365.490 to KRS § 365.510 and 365.993 are enforced by the Attorney General through civil action, he may ask for and the court may assess a civil penalty for the benefit of the Commonwealth, not to exceed the sum of $2,000, said civil penalty to be in lieu of all penalties set forth in KRS § 365.993.
(3) Nothing contained herein shall prevent any person who is threatened with loss or who has been damaged by reason of a violation of KRS § 365.490 to KRS § 365.510 and
365.993, to sue for injunctive relief to prevent damages, or to recover damages sustained as a result of said violation. In order to obtain injunctive relief, it shall not be necessary to allege or prove that an adequate remedy at law does not exist.
History: Created 1966 Ky. Acts ch. 204, sec. 6.