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Kentucky

Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

10:00 AM–9:00 PM

Min Penalty

$500

Registration

Not Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in Kentucky

Real estate investor cold calling and SMS compliance in Kentucky

Guide last reviewed: January 2025

⚠

Mini-TCPA State — KRS § 367.46951 et seq.

Kentucky imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $500 per-violation penalties.

Kentucky REI Wholesaling Overview

Kentucky is a moderate-risk state with a notable feature: real estate interests are EXPLICITLY included in the Telemarketing Act scope. This means REI wholesalers cannot argue their calls are outside the statute because they are buying rather than selling — Kentucky closes that loophole. Practical path: (1) Register and bond with KY AG; (2) Manual dialing, scrub federal DNC; (3) Identify purpose immediately; (4) 3-business-day cancellation right on contracts; (5) Consent before automated follow-up.

Penalty/Violation

$500

Willful

$10,000

Calling Hours

10:00 AM–9:00 PM

Stricter than federal

Private Suit

Allowed

Compliance Checklist

✓Register with Kentucky Attorney General — $25,000 surety bond required,Scrub call lists against federal National DNC Registry before every campaign,Manual dialing for cold outreach — calling hours 8 AM to 9 PM,Obtain prior express written consent before any automated calling, texting, or prerecorded messages,Identify yourself, your company, and that it is a sales call at the start,Provide 3-business-day cancellation right on all telephone sales contracts,Honor opt-out requests immediately and maintain internal DNC list,EBR from prior transaction (18 months) allows manual calling only,Do NOT use auto-dialers, ringless voicemail, or prerecorded messages without consent,Maintain consent records,Be aware: real estate interests are EXPLICITLY covered by the Kentucky Telemarketing Act,Fraudulent telemarketing is a Class D felony

What Gets Companies Sued

✗Top violations for REI wholesalers: (1) Not registering or posting the $25,000 bond; (2) Using auto-dialers without consent; (3) Not providing 3-business-day cancellation right; (4) Calling DNC numbers; (5) Failing to identify sales purpose; (6) Arguing real estate acquisition calls are not regulated (they are explicitly covered in KY).

Special Exemptions

Licensed real estate agents with existing client relationships have an EBR exemption for manual calls. Kentucky is notable because real estate is explicitly included in the Telemarketing Act scope — REI wholesalers cannot argue they are exempt because they are buying, not selling.

Key State Rules

Mini-TCPAYes

RegistrationNot Required

Class ActionsNot specified

Consent Requirements→Registration Details→DNC List→

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →