367.220 Action for recovery of money or property -- When action may be brought.

323 words·~1 min read·/ky/chapter-367/367-220

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

(1)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, real or personal, as a result of the use or employment by another person of

a method, act or practice declared unlawful by KRS 367.170, may bring an action

under the Rules of Civil Procedure in the Circuit Court in which the seller or lessor

resides or has his principal place of business or is doing business, or in the Circuit

Court in which the purchaser or lessee of goods or services 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 subsection 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 or decree 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 permanent injunction, judgment or order of the court made under KRS 367.190

shall be prima facie evidence in an action brought under this section that the

respondent used or employed a method, act or practice declared unlawful by KRS

367.170.

(5)Any person bringing an action under this section must 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 KRS 367.170, whichever is later.