{"data":{"id":"us-ky/krs-367.46955","jurisdiction":"us-ky","citation":"KRS 367.46955","heading":"Prohibited telephone solicitation acts and practices.","body":"It is a prohibited telephone solicitation act or practice and a violation of KRS 367.46951\nto 367.46999 for any person making a telephone solicitation through telecommunications\nservices or interconnected Voice over Internet Protocol or VoIP service to eng age in the\nfollowing conduct:\n(1) Advertising or representing that registration as a telemarketer equals an\nendorsement or approval by any government or governmental agency;\n(2) Requesting a fee in advance to remove derogatory information from or improve a\nperson's credit history or credit record;\n(3) Requesting or receiving a payment in advance from a person to recover or otherwise\naid in the return of money or any other item lost by the consumer in a prior\ntelephone solicitation transaction;\n(4) Requesting or receiving payment of any fee or consideration in advance of\nobtaining a loan or other extension of credit when the telemarketing company has\nguaranteed or represented a high likelihood of success in obtaining or arranging a\nloan or other extension of credit for a person;\n(5) Obtaining or submitting for payment a check, draft, or other form of negotiable\npaper drawn on a person's checking, savings, or bond or other account without the\nconsumer's express written authorization, or charging a credit card a ccount or\nmaking electronic transfer of funds except in conformity with KRS 367.46963;\n(6) Procuring the services of any professional delivery, courier, or other pickup service\nto obtain immediate receipt or possession of a consumer's payment, unless the\ngoods are delivered with the opportunity to inspect before any payment is collected;\n(7) Assisting, supporting, or providing substantial assistance to any telemarketer when\nthe telemarketing company knew or should have known that the telemarketer was\nengaged in any act or practice prohibited under this section;\n(8) Making a telephone solicitation to anyone under eighteen (18) years of age. When\nmaking a telephone solicitation the telemarketer shall inquire as to whether the\nperson is eighteen (18) years of age or older and the answer shall be presumed to be\ncorrect;\n(9) (a) Causing misleading caller identification information to be transmitted to users\nof caller identification services, or to otherwise misrepresent the origin of the\ntelephone solicitation.\n(b) 1. This subsection shall not apply to solicitations which block caller\nidentification, nor shall it apply to solicitations in which the name and\ntelephone number of the party on whose behalf the call is made is\nsubstituted for the name and telephone number of the actual caller.\n2. This subsection shall not apply to a telecommunications, broadband, or\nVoice over Internet Protocol service provider that is:\na. Acting i n the telecommunications, broadband, or Voice over\nInternet Protocol service provider's capacity as an intermediary for\nthe transmission of telephone service between the caller and the\nrecipient;\nb. Providing or configuring a service or service feature as requested\nby the customer;\nc.  Acting in a manner that is authorized or required by applicable\nlaw; or\nd. Engaging in other conduct that is necessary to provide service;\n(10) Directing or permitting employees to use a fictitious name or not to use their na me\nwhile making a telephone solicitation;\n(11) Threatening, intimidating, or using profane or obscene language;\n(12) Causing the telephone to ring more than thirty (30) seconds in an intended\ntelephone solicitation;\n(13) Engaging any person repeatedly or c ontinuously with behavior a reasonable person\nwould deem to be annoying, abusive, or harassing;\n(14) Initiating a telephone solicitation call to a person, when that person has stated\npreviously that he or she does not wish to receive solicitation calls from that seller;\n(15) Making or causing to be made an unsolicited telephone solicitation call if the\nresidential number for that telephone appears in the current publication of the\nnational Do Not Call Registry maintained by the United States Federal Trade\nCommission;\n(16) Making telephone solicitations to a person's residence at any time other than\nbetween 10 a.m. - 9 p.m. local time, at the called person's location;\n(17) Selling or making available for economic gain any information revealed during a\ntelephone solicitation without the express written consent of the consumer;\n(18) Making a telephone solicitation to any residential telephone using an artificial or\nprerecorded voice to deliver a message, unless the call is initiated for emergency\npurposes by schools regulated by the Kentucky Department of Education or the call\nis made with the prior express consent of the called party; or\n(19) Engaging in any unfair, false, misleading, or deceptive practice or act as part of a\ntelephone solicitation.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48885","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"fcb91fc200f08e28eff93835845ff9b7a7ee4212dac85bb3ade30471a1157f6e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.46953","next":"us-ky/krs-367.46957"},"notice":"GroundRules: Original legal text. Not legal advice."}