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Kentucky Deceptive Trade Practices Laws

We’re all pretty used to it by now: being skeptical of advertisements, always wary of a deal too good to be true. And while we might be able to sniff out most scams, what if there’s something going behind the scenes that we can’t figure out, like sellers making false claims about their product or using misleading tactics?

Known as “deceptive trade practices,” these scams can include anything from mislabeling food products to fudging a used car’s accident history. Lucky for consumers, the Bluegrass State has extensive consumer protection laws designed to protect citizens from shady sales tactics. Here is an introduction to deceptive trade practice laws in Kentucky.

Deceptive Trade Practices Laws

Kentucky has yet to adopt the Uniform Deceptive Trade Practices Act, but the state has extensive statutes within both the Consumer Protection and Criminal sections of its revised statutes that prohibit sellers from intentionally misleading buyers. The table below highlights the specifics of Kentucky’s deceptive trade practices statutes.

Uniform Deceptive Trade Practices Act Adopted

No.

Kentucky Revised Statutes 367.010 et seq.: Consumer Protection Act

False Advertising Forbidden

Yes (§367.170)

Who May Bring Suit

Attorney general, consumer (§§367.190, 367.220)

Remedies Available

Injunction; restraining order § (367.190); reasonable attorney's fees (§367.220); guilty of misdemeanor, fined not less than $100 but not more than $500, imprisoned for no longer than 12 months, or some combination of both (§368.990)

Auto Odometer Tampering Forbidden

Yes; license may be revoked and civil penalties of $5,000 per violation (§§367.990, 190.270)

Protecting Yourself Against Deceptive Trade Practices

State laws prohibiting deceptive trade practices are somewhat limited to providing a remedy after the scam has happened, so we consumers must always be on guard to avoid these swindles before we fall for them. A consumer protection office in your area can provide up-to-date information about local scams, and you can report a person or local business of engaging in deceptive business practices.

There are also federal resources, like www.consumeraction.gov, and a number of nonprofits, like the Better Business Bureau at www.bbb.org and www.fraud.org. These organizations can help you with a consumer fraud complaint, from filling out the complaint online, to finding the appropriate local, state, and federal agencies with which to file.

Kentucky Deceptive Trade Practices Laws: Related Resources

Deceptive trade statutes can be as complex as the practices they outlaw. You can contact a Kentucky consumer protection attorney in your area if you would like legal advice regarding a consumer fraud or a possible deceptive trade practices matter. You can also visit FindLaw's section on Consumer Protection for additional articles and information on this topic.

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