Kentucky Statutes 365.406 – Penalties for violation of KRS 365.402
Current as of: 2024 | Check for updates
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(1) If a business fails to comply with KRS § 365.402 and it is the business’s first violation, the business shall provide a prorated refund for the contract subject to an automatic renewal provision from the start of the most recent term to the date on which the business was notified of and corrects the error.
(2) If the business fails to provide a prorated refund as required in subsection (1) of this section or it is a business’s second or subsequent violation, the Attorney General may bring an action to obtain:
(a) A temporary or permanent injunction prohibiting the use of any method, act, or practice in violation of KRS § 365.402;
(b) Restitution for consumers who are residents of this state and incurred a loss of money or property as the direct result of a violation of KRS § 365.402; and
(c) Penalties that shall not exceed five hundred dollars ($500) for each violation of KRS § 365.402.
Effective: January 1, 2024
History: Created 2023 Ky. Acts ch. 81, sec. 4, effective January 1, 2024.
(2) If the business fails to provide a prorated refund as required in subsection (1) of this section or it is a business’s second or subsequent violation, the Attorney General may bring an action to obtain:
Terms Used In Kentucky Statutes 365.406
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) A temporary or permanent injunction prohibiting the use of any method, act, or practice in violation of KRS § 365.402;
(b) Restitution for consumers who are residents of this state and incurred a loss of money or property as the direct result of a violation of KRS § 365.402; and
(c) Penalties that shall not exceed five hundred dollars ($500) for each violation of KRS § 365.402.
Effective: January 1, 2024
History: Created 2023 Ky. Acts ch. 81, sec. 4, effective January 1, 2024.