Kentucky TCPA and telemarketing law
Kentucky has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | KRS §§ 367.46951 to 367.46999; KRS §§ 367.461 to 367.469 | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
Kentucky regulates telephone solicitation in KRS 367.46951 to 367.46999, which reaches live or recorded calls and faxes to residential, mobile and paging numbers. It bars calls to numbers on the national Do Not Call Registry, calls outside 10 a.m. to 9 p.m., misleading caller ID, and prerecorded solicitation calls to residential lines without the called party's prior express consent. A separate law, KRS 367.461, requires consent before automated calling equipment delivers recorded messages for polls, information gathering or advertising.
Enforcement runs mainly through the Attorney General, who can seek a civil penalty of up to $5,000 per offense, and through criminal penalties. Consumers can sue only over caller ID spoofing, individually or as a class, for injunctive relief, actual damages, costs, attorney's fees and punitive damages. The act sets no fixed per-call damages amount.
Source: KRS §§ 367.46951 to 367.46999; KRS §§ 367.461 to 367.469 ↗