367.985 Effect of unintentional violation and timely adjustment of error.

265 words·~1 min read·/ky/chapter-367/367-985

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

(1)A lessor shall not be liable under KRS 367.983 for a violation of KRS 367.976 to

367.985 if the lessor shows by a preponderance of the evidence that the violation

was not intentional and resulted from a bona fide error, such as a clerical

miscalculation, computer malfunctions, programming error, or printing error, even

though the lessor maintained procedures reasonably adapted to avoid such an error.

An error of legal judgment with respect to requirements of this title shall not be

considered a bona fide error.

(2)A lessor shall not be liable under KRS 367.983 for any act done or omitted in good

faith in conformity with any administrative regulation or interpretation promulgated

by the Attorney General or by the office or by an official duly authorized by the

Attorney General or by the office. This rule shall apply even if, after the act or

omission has occurred, the regulation or interpretation is amended, rescinded, or

determined by judicial or other authority to be invalid for any reason.

(3)A lessor shall not be liable under KRS 367.983 for any error if, before the thirty-

first day after the date the merchant discovers the error and before an action against

the lessor has been filed or written notice of the error received by the lessor, the

lessor gives the consumer written notice of the error and makes adjustments in the

consumer's account as necessary to assure that the consumer will not be required to

pay an amount in excess of the amount disclosed and that the agreement otherwise

complies with KRS 367.976 to 367.985.