{"data":{"id":"us-ky/krs-367.46999","jurisdiction":"us-ky","citation":"KRS 367.46999","heading":"Penalties for violation -- Concurrent enforcement powers of Attorney","body":"General.\n(1) Any person, including, but not limited to, a merchant, a telemarketer, a salesperson,\nagent or representative of the merchant, or an independent contractor, w ho\nknowingly violates any provision of KRS 367.46951 to 367.46999 or engages in\nany act, practice, or course of business which operates or would operate as fraud or\ndeceit upon any person in connection with a sale shall be guilty of a Class D felony,\nexcept that any person who violates KRS 367.46955(7) to (16) shall be guilty of:\n(a) A Class B misdemeanor for the first offense that shall be punishable by\nimprisonment of not more than ninety (90) days, or a fine of no more than five\nhundred dollars ($500), or both; and\n(b) A Class A misdemeanor for any subsequent offense that shall be punishable\nby imprisonment of not more than one (1) year, or a fine of not more than five\nthousand dollars ($5,000), or both.\n(2) Notwithstanding any other provision of law, in addition to the penalties\nprovided in this section, any person found guilty of violating KRS\n367.46955(9) shall pay restitution of any financial benefit secured through\nconduct proscribed by KRS 367.46955(9).\n(3) The Office of the Attorney General shall ha ve concurrent enforcement powers as to\nsuch felonies and misdemeanors.\n(4) (a) Notwithstanding other criminal and administrative remedies, a person or class\nof persons alleging:\n1. Receipt of a call in violation of KRS 367.46955(9); or\n2. That a number ass igned to the person was misleadingly transmitted as a\ncaller identification number by a solicitor in violation of KRS\n367.46955(9);\nmay bring a civil action in the county where the plaintiff resides or has his or\nher principal place of business, against a ny person who is responsible for or\nwho knowingly participated in the violation.\n(b) The civil action brought under paragraph (a) of this subsection may be for:\n1. Appropriate injunctive relief;\n2. Actual damages;\n3. Actual expenses incurred, including court costs and attorney's fees; and\n4. Punitive damages.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48886","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"8cc7643ad77d327ca0efe88c5a392bd7b79cd503575b6f6fcf6de18049792a74","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.46995","next":"us-ky/krs-367.470"},"notice":"GroundRules: Original legal text. Not legal advice."}