{"data":{"id":"us-ky/krs-380.990","jurisdiction":"us-ky","citation":"KRS 380.990","heading":"Penalties.","body":"(1) In any action brought alleging a violation of this chapter, if the court finds that a\nperson is willfully using or has willfully used a method, act, or practice declared\nunlawful by this chapter, the Attorney General, upon petition to the court, may\nrecover, on behalf of the Commonwealth, a civil penalty of not more than five\nthousand dollars ($5,000) per violation.\n(2) Any person who violates the provisions of KRS 380.040 in the state is guilty of a\nmisdemeanor and, upon conviction, shall be punished by a fine of five hundred\ndollars ($500) or imprisonment not to exceed sixty (60) days, or both such fine and\nimprisonment.\n(3) A violation of this chapter shall be deemed an unfair, false, misleading, or deceptive\npractice in the conduct of trade or commerce i n violation of KRS 367.170. All of\nthe remedies, powers, and duties provided by KRS 367.190 to 367.300 and the\npenalties pertaining to acts and practices declared unlawful under KRS 367.170\nshall apply with equal force and effect to acts and practices in v iolation of this\nchapter, except as provided in subsection (1) of this section.\n(4) In addition to subsection (1) of this section:\n(a) A court may make such additional orders or judgments as may be necessary to\nrestore to any person in interest any moneys or property, real or personal,\nwhich may have been paid out as a result of any practice in violation of this\nchapter;\n(b) A court shall have jurisdiction in an action brought in the name of the\nCommonwealth by the Attorney General or the county attorney, t o enjoin, as\nan unfair or deceptive trade practice pursuant to KRS 367.170, the\ncontinuation of any debt -adjusting business or the offering of any debt -\nadjusting services as defined in KRS 380.010;\n(c) A court may appoint a receiver who shall have all the powers and authority\npursuant to KRS 367.210 for the property and money employed in the\ntransaction of business by a debt adjuster to ensure the return to debtors of\ntheir money and property received by the debt adjuster which has not been\npaid to the creditors of the debtors; and\n(d) In any action brought by the Attorney General or a Commonwealth or county\nattorney under this chapter, in which the Commonwealth has substantially\nprevailed, the court shall award, in addition to the relief provide elsewhere i n\nthis chapter, reasonable attorney's fees, investigative costs, and litigation costs\nincluding expert witness fees and expenses.","path":["KRS Chapter 380"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35391","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:09Z","sha256":"1810056e50778cde6f475c269b103bde182a451b2215b9e02a6100c46f6b1e94","source_id":"us-ky","stale":false,"prev":"us-ky/krs-380.130","next":"us-ky/krs-381.010"},"notice":"GroundRules: Original legal text. Not legal advice."}