Kentucky Statutes 367.46999 – Penalties for violation — Concurrent enforcement powers of Attorney General
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(1) Any person, including, but not limited to, a merchant, a telemarketer, a salesperson, agent or representative of the merchant, or an independent contractor, who knowingly violates any provision of KRS § 367.46951 to KRS § 367.46999 or engages in any act, practice, or course of business which operates or would operate as fraud or deceit upon any person in connection with a sale shall be guilty of a Class D felony, except that any person who violates KRS § 367.46955(7) to (16) shall be guilty of:
(a) A Class B misdemeanor for the first offense that shall be punishable by imprisonment of not more than ninety (90) days, or a fine of no more than five hundred dollars ($500), or both; and
For details, see § 532.060 and § 532.090
(b) A Class A misdemeanor for any subsequent offense that shall be punishable by imprisonment of not more than one (1) year, or a fine of not more than five thousand dollars ($5,000), or both.
(2) Notwithstanding any other provision of law, in addition to the penalties provided in this section, any person found guilty of violating KRS
367.46955(9) shall pay restitution of any financial benefit secured through conduct proscribed by KRS § 367.46955(9).
(3) The Office of the Attorney General shall have concurrent enforcement powers as to such felonies and misdemeanors.
(4) (a) Notwithstanding other criminal and administrative remedies, a person or class of persons alleging:
1. Receipt of a call in violation of KRS § 367.46955(9); or
2. That a number assigned to the person was misleadingly transmitted as a caller identification number by a solicitor in violation of KRS
367.46955(9);
may bring a civil action in the county where the plaintiff resides or has his or her principal place of business, against any person who is responsible for or who knowingly participated in the violation.
(b) The civil action brought under paragraph (a) of this subsection may be for:
1. Appropriate injunctive relief;
2. Actual damages;
3. Actual expenses incurred, including court costs and attorney’s fees; and
4. Punitive damages.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 105, sec. 2, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 145, sec. 2, effective July 14, 2018. — Amended 1998 Ky. Acts ch.
581, sec. 4, effective July 15, 1998. — Created 1994 Ky. Acts ch. 302, sec. 14, effective July 15, 1994; and ch. 463, sec. 14, effective July 15, 1994.
(a) A Class B misdemeanor for the first offense that shall be punishable by imprisonment of not more than ninety (90) days, or a fine of no more than five hundred dollars ($500), or both; and
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 |
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 367.46999
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) A Class A misdemeanor for any subsequent offense that shall be punishable by imprisonment of not more than one (1) year, or a fine of not more than five thousand dollars ($5,000), or both.
(2) Notwithstanding any other provision of law, in addition to the penalties provided in this section, any person found guilty of violating KRS
367.46955(9) shall pay restitution of any financial benefit secured through conduct proscribed by KRS § 367.46955(9).
(3) The Office of the Attorney General shall have concurrent enforcement powers as to such felonies and misdemeanors.
(4) (a) Notwithstanding other criminal and administrative remedies, a person or class of persons alleging:
1. Receipt of a call in violation of KRS § 367.46955(9); or
2. That a number assigned to the person was misleadingly transmitted as a caller identification number by a solicitor in violation of KRS
367.46955(9);
may bring a civil action in the county where the plaintiff resides or has his or her principal place of business, against any person who is responsible for or who knowingly participated in the violation.
(b) The civil action brought under paragraph (a) of this subsection may be for:
1. Appropriate injunctive relief;
2. Actual damages;
3. Actual expenses incurred, including court costs and attorney’s fees; and
4. Punitive damages.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 105, sec. 2, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 145, sec. 2, effective July 14, 2018. — Amended 1998 Ky. Acts ch.
581, sec. 4, effective July 15, 1998. — Created 1994 Ky. Acts ch. 302, sec. 14, effective July 15, 1994; and ch. 463, sec. 14, effective July 15, 1994.