Kentucky Statutes 411.065 – Action for disseminating personally identifying information — Exemption of service providers
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(1) Any person who violates KRS § 525.085 shall be personally liable for actual and punitive damages, court costs, and reasonable attorney‘s fees in a civil cause of action brought against an alleged perpetrator:
(a) By a victim;
(b) By a victim’s parent or legal guardian on behalf of a victim who is a minor;
and
(c) By a victim’s immediate family member or household member, if he or she is harmed as a result of the same violation against the victim.
(2) The action may be filed in the Circuit Court for the county where the alleged violation occurred or the county where the victim resides.
(3) An individual found liable under this section shall be jointly and severally liable with each other person found liable under this section for the damages arising from the same violation of this section.
(4) Nothing in this section shall be construed to impose liability on a broadband Internet access service provider, a telecommunications service provider, an interconnected VoIP provider, or a mobile service provider as defined in 47 U.S.C. § 153, a commercial mobile service provider as defined in 47 U.S.C. § 332(d), or a cable operator as defined in 47 U.S.C. § 522, when acting in its capacity as a provider of those services.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 199, sec. 2, effective June 29, 2021.
(a) By a victim;
Terms Used In Kentucky Statutes 411.065
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) By a victim’s parent or legal guardian on behalf of a victim who is a minor;
and
(c) By a victim’s immediate family member or household member, if he or she is harmed as a result of the same violation against the victim.
(2) The action may be filed in the Circuit Court for the county where the alleged violation occurred or the county where the victim resides.
(3) An individual found liable under this section shall be jointly and severally liable with each other person found liable under this section for the damages arising from the same violation of this section.
(4) Nothing in this section shall be construed to impose liability on a broadband Internet access service provider, a telecommunications service provider, an interconnected VoIP provider, or a mobile service provider as defined in 47 U.S.C. § 153, a commercial mobile service provider as defined in 47 U.S.C. § 332(d), or a cable operator as defined in 47 U.S.C. § 522, when acting in its capacity as a provider of those services.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 199, sec. 2, effective June 29, 2021.