Kentucky Consumer Law

In Kentucky, the mini-FTC act is <Kentucky – Consumer Protection Act>.  Under this legislation, plaintiffs have a cause of action when any “person” (natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity) who uses or employs any act or method herein declared unlawful.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is a statute of limitations for actions under the statute of one year after any action of the Attorney General has been terminated or within two years after the violation of KRS 367.170, whichever is later.

            A successful plaintiff is entitled to damages and/or equitable relief as potential remedies for a violation.  Damages under the statute require actual damages however; this shall not be construed to limit a person’s right to seek punitive damages where appropriate, and attorneys’ fees are recoverable by the prevailing party.  Class actions are permitted under the statute.