380.110 Cause of action for loss resulting from violation of KRS Chapter 380 --
235 words·~1 min read·
/ky/380-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Time limitation on prosecution of action.
(1)Any person who enters into a debt-adjusting transaction and thereby suffers any
ascertainable loss of money or property, real or personal, as a result of a violation of
this chapter, may bring an action under the Rules of Civil Procedure in the Circuit
Court in which the person 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
section shall be construed to limit a person's right to seek punitive damages where
appropriate.
(2)Upon commencement of any action brought under subsection
(1)of this section, the
clerk of the court shall mail a copy of the complaint or other initial pleading to the
Attorney General and, upon entry of any judgment or decree in the action, shall mail
a copy of such judgment to the Attorney General.
(3)In any action brought by a person under this section, the court may award to the
prevailing party, in addition to the relief provided in this section, reasonable
attorney's fees and costs.
(4)Any person bringing an action under this section shall bring such action within one
(1)year after any action of the Attorney General has been terminated or within two
(2)years after the violation of this chapter, whichever is later.