Kentucky: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes, a consumer may sue for actual damages and equitable relief

367.220

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

Actual damages

Recovery for the loss a person actually suffered.

Recovery of actual damages; court may in its discretion award actual damages

367.220

to recover actual damages. The court may, in its discretion, award actual damages

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Punitive damages may be sought where appropriate; no multiplier specified

367.220

Nothing in this subsection shall be construed to limit a person's right to seek punitive damages where appropriate.

Attorney fees

Rules for recovering the cost of legal representation.

Court may award to the prevailing party reasonable attorney's fees and costs

367.220

the court may award , to the prevailing party, in addition to the relief provided in this section, reasonable attorney's fees and costs.

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

Within one year after AG action terminated or within two years after the violation, whichever is later

367.220

must bring such action within one (1) year after any action of the Attorney General has bee n terminated or within two (2) years after the violation

Injunctive relief

Court orders requiring conduct to stop or change.

Court may provide equitable relief; AG may seek restraining order or injunction

367.220

may provide such equitable relief as it deems necessary or proper

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not more than $2,000 per violation; $10,000 per violation if directed at person aged 60 or older

367.990

may recover on behalf of the Commonwealth a civil penalty of not more than: 1. Two thousand dollars ($2,000) per violation; or 2. Ten thousand dollars ($10,000) per violation