Kentucky Deceptive Trade Practices Laws

Kentucky Consumer Protection Act, Section 367.110 et seq was broadly designed to curtail unfair, false, misleading or deceptive practices in the conduct of commerce in the state of Kansas.  According to Section 367.170, any unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful and forbidden.  Pursuant to Section 367.190, an Attorney General can bring an action to recover damages for violations of the provisions of this Act in the name of the Commonwealth, in a Circuit Court.  Pursuant to Section 367.220, any person, who suffers any ascertainable loss of money or property as a result of any acts or practices declared unlawful, may bring an action under the Rules of Civil Procedure in the Circuit Court to recover actual damages.

According to Section 367.190, an Attorney General is entitled to obtain a restraining order, temporary or permanent injunction to prohibit the use of any unlawful acts or practices prohibited by this Act.  As enumerated in Section 367.220, any person who brings suits for recovering damages are entitled to seek punitive damages; recover attorney fees; and permanent injunction.

It is unlawful for any person or agent to disconnect, reset, or alter the odometer of any motor vehicle with the intent to change the miles indicated.  The license of any person who does the above acts will be suspended or revoked and they will also be subject to other penalties set forth in Section 190.270 of Kentucky Revised Statutes.

Pursuant to Section 367.990 (18), any dealer in motor vehicles or any other person who fraudulently changes, sets back, disconnects, fails to connect, or causes to be changed, set back, or disconnected, the speedometer or odometer of any motor vehicle, to effect the sale of the motor vehicle shall be guilty of a Class D felony.

KRS § 367.170

Unlawful acts.
(1) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
(2) For the purposes of this section, unfair shall be construed to mean unconscionable.

KRS § 367.190

Injunction — Hearing.
(1) Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by KRS 367.170 to be unlawful, and that proceedings would be in the public interest, he may immediately move in the name of the Commonwealth in a Circuit Court for a restraining order or temporary or permanent injunction to prohibit the use of such method, act or practice. The action may be brought in the Circuit Court of the county in which such person resides or has his principal place of business or in the Circuit Court of the county in which the method, act or practice declared by KRS 367.170 to be unlawful has been committed or is about to be committed; or with consent of the parties may be brought in the Franklin Circuit Court.
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KRS § 367.220

Action for recovery of money or property — When action may be brought.
(1) Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by KRS 367.170, may bring an action under the Rules of Civil Procedure in the Circuit Court in which the seller or lessor resides or has his principal place of business or is doing business, or in the Circuit Court in which the purchaser or lessee of goods or services resides, or where the transaction in question occurred, to recover actual damages. The court may, in its discretion, award actual damages and may provide such equitable relief as it deems necessary or proper. Nothing in this subsection shall be construed to limit a person’s right to seek punitive damages where appropriate.
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KRS § 190.270

(1) It is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed, any device which causes an odometer to register any mileage other than the true mileage driven. For purposes of this section, the true mileage driven is that mileage the vehicle has been driven as registered by the odometer within the manufacturer’s designed tolerance.
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KRS § 367.990

(18) Any dealer in motor vehicles or any other person who fraudulently changes, sets back, disconnects, fails to connect, or causes to be changed, set back, or disconnected, the speedometer or odometer of any motor vehicle, to effect the sale of the motor vehicle shall be guilty of a Class D felony.
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Inside Kentucky Deceptive Trade Practices Laws