Kentucky Statutes 61.797 – Civil action for violation — Damages
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(1) A person alleging a violation of KRS § 61.791 to KRS § 61.799 may bring a civil action for appropriate injunctive relief, damages, or both. Damages awarded under this section may include one (1) of the following, as appropriate:
(a) A sum of money that reflects the actual damages caused by each violation of
For details, see § 532.090
KRS § 61.791 to KRS § 61.799;
(b) A sum of money not less than two thousand five hundred dollars ($2,500) to compensate for injury or loss caused by each violation of KRS § 61.791 to
61.799; or
(c) For an intentional violation, a sum of money not to exceed three (3) times the sum described in paragraph (b) of this subsection.
(2) A court, in rendering a judgment in an action brought under KRS § 61.791 to KRS § 61.799, may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.
(3) A person who knowingly violates KRS § 61.791 to KRS § 61.799 is guilty of a Class B misdemeanor under KRS § 532.020(3), and may be subject to a fine of not more than one thousand dollars ($1,000).
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 127, sec. 4, effective June 29, 2023.
(a) A sum of money that reflects the actual damages caused by each violation of
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 61.797
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
KRS § 61.791 to KRS § 61.799;
(b) A sum of money not less than two thousand five hundred dollars ($2,500) to compensate for injury or loss caused by each violation of KRS § 61.791 to
61.799; or
(c) For an intentional violation, a sum of money not to exceed three (3) times the sum described in paragraph (b) of this subsection.
(2) A court, in rendering a judgment in an action brought under KRS § 61.791 to KRS § 61.799, may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.
(3) A person who knowingly violates KRS § 61.791 to KRS § 61.799 is guilty of a Class B misdemeanor under KRS § 532.020(3), and may be subject to a fine of not more than one thousand dollars ($1,000).
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 127, sec. 4, effective June 29, 2023.