010. Repealed, 1972 . [Repealed]

020. Repealed, 1972 . [Repealed]

030. Repealed, 1972 . [Repealed]

040. Repealed, 1972 . [Repealed]

050. Repealed, 1972 . [Repealed]

060. Repealed, 1972 . [Repealed]

070. Repealed, 1972 . [Repealed]

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 Repealed, 2013. (Effective June 25, 2013) [Repealed]

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.

365. Consumer's election regarding security freeze on consumer report -- Subsequent access -- Duties of consumer reporting agency -- Duration of security freeze -- Inapplicability to certain consumer reports -- Permitted charges for security freeze -- Changes to official consumer report information -- Penalties for section's violation.

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 -- Thirty-day prohibition against grossly excessive prices -- Application of section.

376. Notice of Governor's implementation of KRS 367.372 to 367.378 -- Renewal and termination notice.

378. Penalties -- 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

409. Business solicitation following motor vehicle accident prohibited -- Exceptions -- Penalty -- Additional sanctions by state regulating authority.

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. Penalty 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 -- 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 to notify operator of work schedule -- Responsibilities of excavator.

4913. Duties of protection notification center -- Board of directors of one-call center -- Kentucky Underground Protection, Inc. to serve all counties.

4915. Activities exempt from KRS 367.4905 to 367.4917.

4917. Penalties -- Payment and apportionment of fines.

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.

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. [Repealed]

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.

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.

Sale of Contact Lenses

680. Definitions for KRS 367.680 to 367.690.

681. Contents of contact lens prescription.

682. Expiration of contact lens prescription.

683. Verification of contact lens prescription.

684. Responsibility for accurate dispensing of contact lens prescription -- Limitation of liability.

685. Prerequisites for writing contact lens prescriptions.

686. Restrictions on sale or delivery of contact lenses to Kentucky residents by nonresidents.

687. Registration of nonresident mail order contact lens sellers with Attorney General.

688. Investigation and registration of nonresident dispensers of contact lenses 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. [Repealed]

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.

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. Preneed cremation authorization form -- Procedure in event of conflict.

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.