380.990 Penalties.

413 words·~2 min read·/ky/chapter-380/380-990

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

(1)In any action brought alleging a violation of this chapter, if the court finds that a

person is willfully using or has willfully used a method, act, or practice declared

unlawful by this chapter, the Attorney General, upon petition to the court, may

recover, on behalf of the Commonwealth, a civil penalty of not more than five

thousand dollars ($5,000) per violation.

(2)Any person who violates the provisions of KRS 380.040 in the state is guilty of a

misdemeanor and, upon conviction, shall be punished by a fine of five hundred

dollars ($500) or imprisonment not to exceed sixty

(60)days, or both such fine and

imprisonment.

(3)A violation of this chapter shall be deemed an unfair, false, misleading, or deceptive

practice in the conduct of trade or commerce in violation of KRS 367.170. All of

the remedies, powers, and duties provided by KRS 367.190 to 367.300 and the

penalties pertaining to acts and practices declared unlawful under KRS 367.170

shall apply with equal force and effect to acts and practices in violation of this

chapter, except as provided in subsection

(1)of this section.

(4)In addition to subsection

(1)of this section:

(a)A court may make such additional orders or judgments as may be necessary to

restore to any person in interest any moneys or property, real or personal,

which may have been paid out as a result of any practice in violation of this

chapter;

(b)A court shall have jurisdiction in an action brought in the name of the

Commonwealth by the Attorney General or the county attorney, to enjoin, as

an unfair or deceptive trade practice pursuant to KRS 367.170, the

continuation of any debt-adjusting business or the offering of any debt-

adjusting services as defined in KRS 380.010;

(c)A court may appoint a receiver who shall have all the powers and authority

pursuant to KRS 367.210 for the property and money employed in the

transaction of business by a debt adjuster to ensure the return to debtors of

their money and property received by the debt adjuster which has not been

paid to the creditors of the debtors; and

(d)In any action brought by the Attorney General or a Commonwealth or county

attorney under this chapter, in which the Commonwealth has substantially

prevailed, the court shall award, in addition to the relief provide elsewhere in

this chapter, reasonable attorney's fees, investigative costs, and litigation costs

including expert witness fees and expenses.