(1) Any claim or action alleging the making of a call to a person on the zero call list in violation of KRS § 367.46955 shall be in writing and verified by the claimant.
(2) In any action or claim alleging the making of a call to a person on the zero call list, it shall be a defense that the defendant obtains the current zero call list in a timely manner and makes reasonable efforts to avoid calling persons whose telephone numbers appear on the list.

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Terms Used In Kentucky Statutes 367.46995

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(3) It shall be a defense in any action or proceeding brought under KRS § 367.46951 to
367.46999 that the defendant has established and implemented, with due care, reasonable practices and procedures to prevent telephone solicitations in violation of KRS § 367.46951 to KRS § 367.46999.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 21, sec. 6, effective July 15, 2002.