Kentucky Statutes 190.990 – Penalties
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(1) Except as provided in subsection (5) of this section, any person who violates or causes, aids, or abets any violation of any provision of KRS § 190.010 to KRS § 190.080 and KRS Chapter 190A, as such provisions apply, respectively, to new motor vehicle dealers, new recreational vehicle dealers, manufacturers, distributors, factory branches, or factory representatives, or any order, rule or regulation lawfully issued pursuant to authority granted by KRS § 190.010 to KRS § 190.080 shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or imprisoned for not more than thirty (30) days, or both. Any person who violates paragraphs (l), (m) or (n) of subsection (1) of KRS § 190.040 may also be subject to a suspension or revocation sentence of not more than a year effective only in the territory formerly served by the unfairly canceled dealer, except that in a metropolitan area serviced by several dealers handling the same motor vehicle or recreational vehicle, the suspension or revocation order shall not be applicable to the remaining dealers.
(2) Any person who willfully and intentionally violates any provision of KRS § 190.090 to KRS § 190.140 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500).
For details, see § 532.060
(3) A willful violation of KRS § 190.100 or 190.110 by any person shall bar his recovery of any finance charge, delinquency, or collection charge on the retail installment contract involved.
(4) Any person who willfully violates KRS § 190.270 to KRS § 190.320 shall be subject to a penalty of five thousand dollars ($5,000) per violation, which may be recovered on behalf of the Commonwealth by the Attorney General.
(5) Any person who willfully and fraudulently gives a false statement as to the total and actual consideration paid for a motor vehicle under KRS § 138.450 shall be guilty of a Class D felony and shall be fined not less than two thousand dollars ($2,000) per offense.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 27, sec. 25, effective January 1, 2015. — Amended 1998 Ky. Acts ch. 600, sec. 8, effective April 14, 1998. — Amended 1984
Ky. Acts ch. 357, sec. 14, effective July 13, 1984. — Amended 1976 Ky. Acts ch.
246, sec. 10, effective June 19, 1976. — Amended 1968 Ky. Acts ch. 152, sec. 125. — Created 1956 Ky. Acts ch. 105, sec. 6; and ch. 161, sec. 9.
(2) Any person who willfully and intentionally violates any provision of KRS § 190.090 to KRS § 190.140 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500).
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 190.990
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- Motor vehicle: means every vehicle intended primarily for use and operation on the public highways that is self-propelled, including low-speed motor vehicles as defined in KRS §. See Kentucky Statutes 190.010
- Person: means a person, partnership, firm, corporation, association, trust, estate, or other legal entity. See Kentucky Statutes 190.010
- Recreational vehicle: means a vehicle that:
(a) Is primarily designed as temporary living quarters for noncommercial recreation or camping use. See Kentucky Statutes 190.010 - Year: means calendar year. See Kentucky Statutes 446.010
(3) A willful violation of KRS § 190.100 or 190.110 by any person shall bar his recovery of any finance charge, delinquency, or collection charge on the retail installment contract involved.
(4) Any person who willfully violates KRS § 190.270 to KRS § 190.320 shall be subject to a penalty of five thousand dollars ($5,000) per violation, which may be recovered on behalf of the Commonwealth by the Attorney General.
(5) Any person who willfully and fraudulently gives a false statement as to the total and actual consideration paid for a motor vehicle under KRS § 138.450 shall be guilty of a Class D felony and shall be fined not less than two thousand dollars ($2,000) per offense.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 27, sec. 25, effective January 1, 2015. — Amended 1998 Ky. Acts ch. 600, sec. 8, effective April 14, 1998. — Amended 1984
Ky. Acts ch. 357, sec. 14, effective July 13, 1984. — Amended 1976 Ky. Acts ch.
246, sec. 10, effective June 19, 1976. — Amended 1968 Ky. Acts ch. 152, sec. 125. — Created 1956 Ky. Acts ch. 105, sec. 6; and ch. 161, sec. 9.