KRS 380.010: Definitions for chapter.

As used in this chapter, the following terms mean:

(1) "Person" includes, but is not limited to, individuals, partnerships, associations,

corporations, limited liability companies, trusts, and other legal entities;

(2) "Debt adjuster" means a person engaged in the business of debt adjusting;

(3) "Debt adj usting" means doing business in this state in debt adjusting, budget

counseling, debt management, debt modification or settlement, foreclosure

assistance, or debt pooling service, or holding oneself out as acting or offering or

attempting to act as an inte rmediary between a debtor and his or her creditors for a

fee, contribution, or other consideration, or by words of similar import, as providing

services to debtors in the management, settlement, modification, or adjustment of

their debts, to do any of the following:

(a) Effect the adjustment, compromise, settlement, modification, or discharge of

any account, note or other indebtedness of the debtor;

(b) Receive from the debtor and disburse to the debtor's creditors any money or

other thing of value; or

(c) Solicit business and advertise as a debt adjuster;

(4) "Reside" means to live in a particular place on a temporary or permanent basis;

(5) "Debtor" means an individual who resides in Kentucky and is indebted to a creditor

or creditors, including two (2) or more individuals who are jointly and

severally, or jointly or severally, indebted to a creditor or creditors;

(6) (a) "Personal information" means any information:

1. That a debtor provides to a debt adjuster to obtain a debt -adjusting

product or service from the debt adjuster;

2. About a debtor resulting from any transaction involving debt adjusting

between a debtor and the debt adjuster; or

3. That a debt adjuster otherwise obtains about a debtor in connection with

providing a debt-adjusting product or service to that debtor.

(b) "Personal information" does not include information that a debt adjuster has a

reasonable basis to believe is lawfully made available to the general public

from:

1. Federal, state, or local government records;

2. Widely distributed media; or

3. Disclosures to the general public that are required to be made by federal,

state, or local law.

For purposes of this paragraph, "reasonable basis" to b elieve that

information is lawfully made available to the general public means the

debt adjuster has taken steps to determine that the information is the type

that is available to the general public and whether an individual may

direct that the information not be made available to the general public

and, if so, that the debt adjuster's consumer has not done so; and

(7) "Additional interested party" means a party, including but not limited to the

Attorney General, to whom written notice shall be sent at the same time that a

notice is required to be sent to an insured regarding any cancellation, nonrenewal,

modification, or change in the insurance coverage required by KRS 380.040(7).