{"data":{"id":"us-ky/krs-367.461","jurisdiction":"us-ky","citation":"KRS 367.461","heading":"Conditions for use of automated calling equipment.","body":"(1) As used in KRS 367.461 to 367.469, \"automated calling equipment\" means any\ndevice or combination of devices which is used to select or dial telephone numbers\nand to deliver recorded messages to the numbers so selected or dialed.\n(2) Unless the conditions s et out in paragraphs (a) to (f) of this subsection are met, no\nperson shall use automated calling equipment, or cause it to be used, for conducting\npolls, for soliciting information, or for advertising goods, services, or property:\n(a) The person receiving the call consents to it, as specified in KRS 367.463;\n(b) The recorded message clearly states the name and telephone number of the\nperson or organization initiating the call within the first twenty -five (25)\nseconds of the message and at the conclusion of  the message. That telephone\nnumber given in the recorded message shall, during normal office hours, be\nanswered promptly and personally by an agent of the person or organization\non whose behalf the automatic calls are made, who is able to provide\ninformation concerning the automatic calls;\n(c) The automated calling equipment terminates its connection with any\ntelephone call within ten (10) seconds after the person called either fails to\nconsent to hear a recorded message or hangs up the telephone;\n(d) The use does not involve either the random or sequential dialing of telephone\nnumbers, does not call telephone numbers which are omitted from the\ntelephone directory at the customer's request, and does not call hospitals,\nnursing homes, fire protection agencies, or law enforcement agencies;\n(e) Calls using the automated calling equipment are made only between 8:00 a.m.\nand 9:00 p.m.; and\n(f) The automated calling equipment operates only when it is attended and is\ndesigned or installed so that it does not operat e without an attendant, even in\nthe event of power failures.\n(3) Nothing in this section prohibits the use of automated calling equipment to make\ncalls with recorded messages or an artificial voice when the calls:\n(a) Are made in response to calls initiate d by the person to whom the automatic\ncall or recorded message is directed;\n(b) Concern goods or services, or the availability of same which were previously\nordered or purchased;\n(c) Relate to collection of lawful debts;\n(d) Are made by a public school as part of a program to regulate and control\nabsenteeism of students;\n(e) Are reminders and notices of meetings and activities of organizations of\nwhich the person called is a member or a subscribed consumer of the services\nof the organization, or are made to  a person with whom there is an existing\nbusiness relationship; or\n(f) Are made to a publicly available telephone number which the business intends\nto be called by customers or potential customers, in relation to subject matter\nthat is customary for such calls, including but not limited to inquiring about\nand booking reservat ions, inquiring about or initiating purchases, seeking\ninformation such as hours of operation, directions, merchandise availability,\nor other information provided to, or sought by, customers in the ordinary\ncourse of business. A person or company making ca lls under this paragraph\nshall not sell the name or personal information of any individual using its\nservices. The person or company shall only disseminate the name and personal\ninformation of the individual for whom it is making the call during the actual\ncall and only to the extent that such information would be disclosed by the\nindividual if he or she were making the call on his or her own behalf.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50277","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"90fc4b8dfba952600a04c2b9ace106c93a8b0627b1b320b9e66be23e80a211c2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.460","next":"us-ky/krs-367.463"},"notice":"GroundRules: Original legal text. Not legal advice."}