Kentucky Statutes 151B.330 – Consumer’s right of action for damages — Nonlimitation of rights and remedies — Nonwaiverability
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(1) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of KRS § 151B.300 to KRS § 151B.335 in a court of appropriate jurisdiction in the county where the consumer resides or where the manufacturer resides or has its principal place of business. The court shall award a consumer who prevails in such an action the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney‘s fees, and any equitable relief the court determines is appropriate.
(2) KRS § 151B.300 to KRS § 151B.335 shall not be construed to limit rights or remedies available to the consumer under any other law, and the remedies provided under KRS § 151B.300 to KRS § 151B.335 are inclusive and in addition to any other remedies provided by law.
(3) Any agreement entered into by a consumer which waives, limits, or disclaims the rights set forth in KRS § 151B.300 to KRS § 151B.335 shall be void as contrary to public policy.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 221, sec. 7, effective July 15, 1998.
(2) KRS § 151B.300 to KRS § 151B.335 shall not be construed to limit rights or remedies available to the consumer under any other law, and the remedies provided under KRS § 151B.300 to KRS § 151B.335 are inclusive and in addition to any other remedies provided by law.
Terms Used In Kentucky Statutes 151B.330
- 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.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
(3) Any agreement entered into by a consumer which waives, limits, or disclaims the rights set forth in KRS § 151B.300 to KRS § 151B.335 shall be void as contrary to public policy.
Effective: July 15, 1998
History: Created 1998 Ky. Acts ch. 221, sec. 7, effective July 15, 1998.