Kentucky. Statutory Language

Kentucky Statute 20-37

KENTUCKY STATUTE

SELECTED PROVISIONS OF THE

CONSUMER PROTECTION ACT

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. §§ 367.170 to .360, 367.990

§ 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.

§ 367.175. Other unlawful acts

(1) Every contract, combination in the form of trust and otherwise, or conspiracy,

in restraint of trade or commerce in this Commonwealth shall be unlawful.

(2) It shall be unlawful for any person or persons to monopolize, or attempt to

monopolize or combine or conspire with any other person or persons to monopolize any

part of the trade or commerce in this Commonwealth.

(3) The sale, delivery, holding, or offering for sale of any self-testing kits

designed to tell persons their status concerning human immunodeficiency virus or

acquired immunodeficiency syndrome or related disorders, and any advertising of such

kits, shall be prohibited.

(4) In addition to any other penalties, violations of this section shall also be a

Class C felony.

§ 367.176. Construction of KRS 367.175

(1) No provision of KRS 367.175 shall be construed to make illegal the activities

of any person or organization, including but not limited to any labor organization,

agricultural or horticultural cooperative organization, or consumer organization, or of

individual members thereof which are legitimate under the laws of this Commonwealth

or the United States, or of any utility as defined in KRS 278.010(3).

(2) KRS 367.175 shall not apply to activities authorized or approved under any

federal or state statute or regulation.

§ 367.180. Knowledge required in violation by publisher

KRS 367.170 shall not apply to the owner or publisher of newspapers, magazines or

publications wherein such advertisements appear, or to the owner or operator of a radio

or television station which disseminates such advertisement when the owner, publisher

or operator has no knowledge that such advertisement may be in violation of

KRS 367.170.