365.505 Attorney General to enforce -- Injunctive relief -- Civil penalty.

232 words·~1 min read·/ky/chapter-365/365-505

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The Attorney General may enforce the provisions of KRS 365.490 to 365.510 and

365.993 by civil action for injunctive relief in any court of competent jurisdiction.

In such action to obtain said injunction it shall be sufficient to allege and prove that

a violation of KRS 365.490 to 365.510 and 365.993 has occurred, and it shall not be

necessary to allege or prove that any person has been misled or deceived by said

advertisement, claim or implication or that any person has been damaged or

sustained any loss as a result of any violation of KRS 365.490 to 365.510 and

365.993.

(2)When KRS 365.490 to 365.510 and 365.993 are enforced by the Attorney General

through civil action, he may ask for and the court may assess a civil penalty for the

benefit of the Commonwealth, not to exceed the sum of $2,000, said civil penalty to

be in lieu of all penalties set forth in KRS 365.993.

(3)Nothing contained herein shall prevent any person who is threatened with loss or

who has been damaged by reason of a violation of KRS 365.490 to 365.510 and

365.993, to sue for injunctive relief to prevent damages, or to recover damages

sustained as a result of said violation. In order to obtain injunctive relief, it shall not

be necessary to allege or prove that an adequate remedy at law does not exist.