{"data":{"id":"us-ky/krs-367.990","jurisdiction":"us-ky","citation":"KRS 367.990","heading":"Penalties.","body":"(1) Any person who violates the terms of a temporary or permanent injunction issued\nunder KRS 367.190 shall forfeit and pay to the Commonwealth a civil penalty of\nnot more than twenty -five thousand dollars ($25,000) per violation. For the\npurposes of this sect ion, the Circuit Court issuing an injunction shall retain\njurisdiction, and the cause shall be continued, and in such cases the Attorney\nGeneral acting in the name of the Commonwealth may petition for recovery of civil\npenalties.\n(2) Any person with actual  notice that an investigation has begun or is about to begin\npursuant to KRS 367.240 and 367.250 who intentionally conceals, alters, destroys,\nor falsifies documentary material is guilty of a Class A misdemeanor.\n(3) Any person who, in response to a subpoena or demand as provided in KRS 367.240\nor 367.250, intentionally falsifies or withholds documents, records, or pertinent\nmaterials that are not privileged shall be subject to a fine as provided in subsection\n(2) of this section.\n(4) The Circuit Court of a ny county in which any plan described in KRS 367.350 is\nproposed, operated, or promoted may grant an injunction without bond, upon\ncomplaint filed by the Attorney General to enjoin the further operation thereof, and\nthe Attorney General may ask for and the  court may assess civil penalties against\nthe defendant in an amount not to exceed the sum of five thousand dollars ($5,000)\nwhich shall be for the benefit of the Commonwealth of Kentucky.\n(5) Any person, business, or corporation who knowingly violates the  provisions of\nKRS 367.540 shall be guilty of a violation. It shall be considered a separate offense\neach time a magazine is mailed into the state; but it shall be considered only one (1)\noffense for any quantity of the same issue of a magazine mailed into Kentucky.\n(6) Any solicitor who violates the provisions of KRS 367.513 or 367.515 shall be\nguilty of a Class A misdemeanor.\n(7) In addition to the penalties contained in this section, the Attorney General, upon\npetition to the court, may recover, on behal f of the Commonwealth a civil penalty\nof not more than the greater of five thousand dollars ($5,000) or two hundred\ndollars ($200) per day for each and every violation of KRS 367.175.\n(8) Any person who willfully and intentionally violates any provision of  KRS 367.976\nto 367.985 shall be guilty of a Class B misdemeanor.\n(9) (a) Any person who violates the terms of a temporary or permanent injunction\nissued under KRS 367.665 shall forfeit and pay to the Commonwealth a\npenalty of not more than five thousand d ollars ($5,000) per violation. For the\npurposes of this section, the Circuit Court issuing an injunction shall retain\njurisdiction, and the cause shall be continued, and in such cases the Attorney\nGeneral acting in the name of the Commonwealth may petition  for recovery\nof civil penalties.\n(b) 1. The Attorney General may, upon petition to a court having jurisdiction\nunder KRS 367.190, recover on behalf of the Commonwealth from any\nperson found to have willfully committed an act declared unlawful by\nKRS 367.667 a penalty of not more than five thousa nd dollars ($5,000)\nper violation.\n2. In addition to any other penalties provided for the commission of the\noffense, any person found guilty of violating KRS 367.667(1)(c):\na. Shall be punished by a fine of no less than five hundred dollars\n($500) for the first offense and no less than five thousand dollars\n($5,000) for any subsequent offense; and\nb. Pay restitution of any financial benefit secured through conduct\nproscribed by KRS 367.667(1)(c).\n3. The Office of the Attorney General or the appropriate Comm onwealth's\nattorney shall have concurrent enforcement powers as to fines, felonies,\nand misdemeanors under this paragraph.\n(c) Any person who knowingly violates any provision of KRS 367.652, 367.653,\n367.656, 367.657, 367.658, 367.666, or 367.668 or who knowingly gives false\nor incorrect information to the Attorney General in filing statements or reports\nrequired by KRS 367.650 to 367.670 shall be guilty of a Class D felony.\n(10) Any dealer who fails to provide a statement under KRS 367.760 or a notice unde r\nKRS 367.765 shall be liable for a penalty of one hundred dollars ($100) per\nviolation to be collected in the name of the Commonwealth upon action of the\nAttorney General.\n(11) Any dealer or manufacturer who falsifies a statement under KRS 367.760 shall b e\nliable for a penalty not exceeding one thousand dollars ($1,000) to be collected in\nthe name of the Commonwealth upon action by the Attorney General.\n(12) Any person who violates KRS 367.805, 367.809(2), 367.811, 367.813(1), or\n367.816 shall be guilty of a Class C felony.\n(13) Either the Attorney General or the appropriate Commonwealth's attorney shall have\nauthority to prosecute violations of KRS 367.801 to 367.819.\n(14) A violation of KRS 367.474 to 367.478 and 367.482 is a Class C felony. Either the\nAttorney General or the appropriate Commonwealth's attorney shall have authority\nto prosecute violators of KRS 367.474 to 367.478 and 367.482.\n(15) Any person who violates KRS 367.310 shall be guilty of a violation.\n(16) Any person, partnership, or corporati on who violates the provisions of KRS\n367.850 shall be guilty of a Class A misdemeanor.\n(17) Any dealer in motor vehicles or any other person who fraudulently changes, sets\nback, disconnects, fails to connect, or causes to be changed, set back, or\ndisconnected, the speedometer or odometer of any motor vehicle, to effect the sale\nof the motor vehicle shall be guilty of a Class D felony.\n(18) Any person who negotiates a contract of membership on behalf of a club without\nhaving previously fulfilled the bonding requirement of KRS 367.403 shall be guilty\nof a Class D felony.\n(19) Any person or corporation who operates or attempts to operate a health spa in\nviolation of KRS 367.905(1) shall be guilty of a Class A misdemeanor.\n(20) (a) Any person who violates KRS 3 67.832 shall be guilty of a Class C felony;\nand\n(b) The appropriate Commonwealth's attorney shall have authority to prosecute\nfelony violations of KRS 367.832.\n(21) (a) Any person who violates the provisions of KRS 367.855 or 367.857 shall be\nguilty of a v iolation. Either the Attorney General or the appropriate county\nhealth department may prosecute violators of KRS 367.855 or 367.857.\n(b) The provisions of this subsection shall not apply to any retail establishment if\nthe wholesaler, distributor, or processor fails to comply with the provisions of\nKRS 367.857.\n(22) Notwithstanding any other provision of law, any telemarketing company,\ntelemarketer, caller, or merchant shall be guilty of a Class D felony when that\ntelemarketing company, telemarketer, caller,  or merchant three (3) times in one (1)\ncalendar year knowingly and willfully violates KRS 367.46955(15) by making or\ncausing to be made an unsolicited telephone solicitation call to a telephone number\nthat appears in the current publication of the zero ca ll list maintained by the Office\nof the Attorney General's Office of Consumer Protection.\n(23) Notwithstanding any other provision of law, any telemarketing company,\ntelemarketer, caller, or merchant shall be guilty of a Class A misdemeanor when\nthat telemarketing company, telemarketer, caller, or merchant uses a zero call list\nidentified in KRS 367.46955(15) for any purpose other than complying with the\nprovisions of KRS 367.46951 to 367.46999.\n(24) (a) Notwithstanding any other provision of law, any telem arketing company,\ntelemarketer, caller, or merchant that violates KRS 367.46951 to 367.46999\nshall be assessed a civil penalty of not more than five thousand dollars\n($5,000) for each offense.\n(b) The Attorney General, or any person authorized to act in hi s or her behalf,\nshall initiate enforcement of a civil penalty imposed under paragraph (a) of\nthis subsection.\n(c) Any civil penalty imposed under paragraph (a) of this subsection may be\ncompromised by the Attorney General or his or her designated representative.\nIn determining the amount of the penalty or the amount agreed upon in\ncompromise, the Attorney General, or his or her designated representative,\nshall consider the appropriateness of the penalty to the financial resources of\nthe telemarketing company, telemarketer, caller, or merchant charged, the\ngravity of the violation, the number of times the telemarketing company,\ntelemarketer, caller, or merchant charged has been cited, and the good faith of\nthe telemarketing company, telemarketer, caller, or merchant charged in\nattempting to achieve compliance, after notification of the violation.\n(d) If a civil penalty i s imposed under this subsection, a citation shall be issued\nwhich describes the violation which has occurred and states the penalty for the\nviolation. If, within fifteen (15) working days from the receipt of the citation,\nthe affected party fails to pay th e penalty imposed, the Attorney General, or\nany person authorized to act in his or her behalf, shall initiate a civil action to\ncollect the penalty. The civil action shall be taken in the court which has\njurisdiction over the location in which the violation occurred.\n(25) Any person who violates KRS 367.500 shall be liable for a penalty of two thousand\nfive hundred dollars ($2,500) per violation. Either the Attorney General or the\nappropriate Commonwealth's attorney may prosecute violations of KRS 367.500.\n(26) (a) In any action brought under KRS 367.190, if the court finds that a person is\nwillfully using or has willfully used a method, act, or practice declared\nunlawful by KRS 367.170, the Attorney General, upon petition to the court,\nmay recover on behalf of the Commonwealth a civil penalty of not more than:\n1. Two thousand dollars ($2,000) per violation; or\n2. Ten thousand dollars ($10,000) per violation if the defendant's conduct\nis directed at a person aged sixty (60) or older, and the trier of fact\ndetermines that the defendant knew or should have known that the\nperson is aged sixty (60) or older and substantially more vulnerable than\nother members of the public.\n(b) For purposes of this subsection:\n1. Any method, act, or practice declared unlawful by K RS 367.170 shall\nconstitute a separate violation as to each:\na. Consumer to whom a method, act, or practice declared unlawful\nby KRS 367.170 was directed, communicated, or applied,\nregardless of whether the consumer suffered actual pecuniary loss;\nb. Transaction in which a method, act, or practice declared unlawful\nby KRS 367.170 was employed, including but not limited to each\nsale, offer, solicitation, advertisement or advertisement placement,\ncommunication, or other act connected with the unlawful conduct ;\nand\nc. Separately identifiable method, act, or practice declared unlawful\nby KRS 367.170, even if arising from the same transaction or\ndirected at the same consumer; and\n2. Any method, act, or practice declared unlawful by KRS 367.170 that is\nnot identified as being in connection with a specific identifiable person\nor transaction, but that is continuing in nature, shall constitute a separate\nviolation for each day that the unlawful method, act, or practice exists or\ncontinues.\n(c) Proof of actual injury t o a consumer as a prerequisite to the assessment of\ncivil penalties under this subsection shall not be required, as the civil penalty\nprovisions in this subsection are intended to punish and deter the violator and\nnot intended solely to compensate injured parties.\n(d) In determining the amount of the civil penalty established in paragraph (a) of\nthis subsection to be assessed for each violation, the trier of fact may consider,\neither alone or in combination, the following factors:\n1. Whether the person char ged with the violation was acting in good faith\nor bad faith;\n2. The nature, extent, and severity of the injury to consumers and the\npublic;\n3. The person's ability to pay;\n4. The amount of profit or gain obtained through the unlawful conduct;\n5. The duration of the unlawful conduct;\n6. The desire to eliminate any benefit derived from the violation and to\ndeter future violations; and\n7. Any prior violations of KRS 367.170 by the person.\n(e) For purposes of this subsection, \"person\" has the same meaning as i n KRS\n367.110.\n(f) This subsection shall:\n1. Be liberally construed to effectuate its purpose of protecting consumers\nand the public from unfair, false, misleading, or deceptive acts or\npractices, and to provide the Attorney General the enforcement tools\nnecessary to deter unlawful conduct; and\n2. Not be construed to limit the:\na. Methods by which the Attorney Gener al or trier of fact may\ndetermine the number of violations in any particular action; or\nb. Right of the trier of fact to determine the number of violations for\nwhich a person may properly be held responsible based upon the\ncircumstances of the case.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57152","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:06Z","sha256":"eea30aa6935ea7497329035760bfceed65dff00c010e182d2a5b4818f4a2261d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.985","next":"us-ky/krs-367.991"},"notice":"GroundRules: Original legal text. Not legal advice."}