{"data":{"id":"us-ky/krs-367.983","jurisdiction":"us-ky","citation":"KRS 367.983","heading":"Civil remedies for consumers injured by violations of KRS 367.976 to","body":"367.985.\n(1) A lessor who fails to comply with a requirement imposed in KRS 367.977, 367.978,\n367.979, or 367.980 with respect to a consumer shall be liable to the consumer in an\namount equal to the greater of:\n(a) The actual damages sustained by the consumer as a result of the violation,\nplus the costs of the action and reasonable attorneys' fees;\n(b) In the case of an individual action, twenty -five percent (25%) of the total of\npayments necessary to acquire ownership but not less than one hundred\ndollars ($100) nor greater than one thousand dollars ($1,000), plus the costs of\nthe action and reasonable attorneys' fees; or\n(c) In the case of a class action, the amount the court determines to be appropriate\nwith no minimum recovery as to each member, plus the costs of the action and\nreasonable attorneys' fees. The total recovery in any class action or series of\nclass actions arising out of the same violation shall not be more than the lesser\nof five hundred thousand dollars ($500,000), plus the costs of the action and\nreasonable attorneys' fees or one percent (1%) of the net worth of the lessor,\nplus the costs of the action and reasonable attorneys' fees. In determining the\namount of any award in a class action, the court shall consider, among other\nrelevant factors, the amount of actual damages awarded, the frequency and\npersistence of the violation, the lessor's resources, and the extent to which the\nlessor's violation was intentional.\n(2) In the case of an advertisement, any lessor who fails to comply with the\nrequirements of KRS 367.982 with regard to any person shall be liable to that\nperson for actual damages suffered from the violation, the costs of the action, and\nreasonable attorneys' fees.\n(3) If there are multiple lessors, liability shall be imposed only on the lessor who made\nthe disclosures. If no disclosures have been given, liability shall be imposed on all\nlessors.\n(4) If there are multiple consumers in a rental -purchase agreement, there shall be only\none (1) recovery of damages under subsection (1) of this section for a violation of\nKRS 367.976 to 367.985.\n(5) Multiple violations in connection with a rental -purchase agreement shall entitle the\nconsumer to a single recovery under this section.\n(6) A consumer shall not take any action to offset any amount for which a lessor is\npotentially liable under subsection (1) of this section against any amount owed by\nthe consumer, unless the amount of the lessor's liability has been dete rmined by\njudgment of a court of competent jurisdiction in an action in which the lessor was a\nparty. This subsection shall not bar a consumer then in default on the obligation\nfrom asserting a violation of KRS 367.976 to 367.985 as an original action, or as a\ndefense or counterclaim to an action brought by lessor to collect amounts owed by\nthe consumer.\n(7) In connection with any transaction covered under KRS 367.976 to 367.985, the\nlessor shall preserve evidence of compliance with the provisions of KRS 36 7.976 to\n367.985 for not less than two (2) years from the date of consummation of the\nagreement.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35155","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:06Z","sha256":"acf651a2481eeb7fb23012fe523cf9995be34e25622d17078540aae7efdf17cc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.982","next":"us-ky/krs-367.984"},"notice":"GroundRules: Original legal text. Not legal advice."}