Kentucky Administrative Regulations
Title 40 - DEPARTMENT OF LAW
Chapter 2 - Office of Consumer Protection
Section 40 KAR 2:076 - Complaint procedure for telephone solicitations
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 367.170, 367.46955, 367.46971, 367.46973, 367.46981, 367.46995
NECESSITY, FUNCTION, AND CONFORMITY: KRS 367.46983 authorizes the Attorney General to promulgate administrative regulations required to enforce KRS 367.46951 to 367.46999 governing the sales of goods and services to Kentucky consumers by use of telephone solicitations. KRS 367.46951(2)(c) excludes from the definition of "telephone solicitation" a telephone call to a person who has a prior or existing business relationship with the telemarketer or merchant. KRS 367.46955 establishes prohibited telephone solicitation acts or practices. KRS 367.46995 requires that a claim or action alleging a violation of KRS 367.46955 be in writing and verified by the claimant. This administrative regulation establishes the procedure for filing a complaint (prior to a claim or action) and lists the factors used to determine if a prior or existing business relationship exists.
Section 1. A complaint relating to a violation of KRS 367.46955 shall be filed with the division in the following manner:
Section 2. Incorporation by Reference.
STATUTORY AUTHORITY: KRS 15.180, 367.46983