Ky. Rev. Stat. Ann. ch. 365 – Trade Practices | Midpage

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Kentucky Revised Statutes

Chapter 365

Ky. Rev. Stat. Ann. ch. 365

Trade Practices

Commonwealth of Kentucky

365.015Certificate of assumed name -- Filing with state and county -- Certificate of withdrawal -- Filing fees.365.020Price discrimination between localities prohibited -- Exceptions.365.030Sale at less than cost or gift of commodity to destroy competition prohibited.365.040Exceptions to KRS 365.030.365.050Unfair trade practices.365.055Use of mailed document purporting to inform of winning a prize.365.060Contracts violating KRS 365.020 to 365.050 are void.365.070Injunction and damages for violation of KRS 365.020 to 365.050.365.100Use of false brand to deceive.365.110Unauthorized use of manufacturer's brand or name.365.210Foreign corporations collecting and distributing news must furnish services to all newspapers without discrimination.365.220Request for news and offer to pay charges; no business to be done after refusal.365.230Telegraph and telephone companies to furnish services to newspapers without discrimination.365.241Counterfeiting intellectual property -- Penalties -- Disposition of property.365.245Protection from Financial Exploitation Act.365.260Short title for KRS 365.260 to 365.380.365.265Legislative findings.365.270Definitions for KRS 365.260 to 365.380.365.280Sale at less than cost prohibited -- Fine.365.290Combination sales.365.300Sales by wholesaler to any other wholesaler.365.310Sales excluded from provisions of KRS 365.260 to 365.380.365.320Transactions permitted to meet lawful competition.365.330Sales contract made in violation of KRS 365.260 to 365.380 void.365.340Sales outside ordinary channels of business not to be used in establishing basic cost.365.350Actions for violations or threatened violations -- Remedies -- Actual damages need not be alleged or proved -- Costs.365.360Evidence admissible in determining cost to wholesaler and retailer -- Cost survey.365.370Powers and duties of department -- Appeals.365.380License.365.390Payment of enforcement and administration fee by cigarette wholesaler -- Special account -- Fee deemed an additional cost.365.400Definitions for KRS 365.400 to 365.408.365.402Requirements of businesses offering automatic renewals or continuous service offers -- Cancellation or termination -- Notice of material change.365.404Exemptions from applicability of KRS 365.400 and 365.402.365.406Penalties for violation of KRS 365.402.365.408Application of KRS 365.400 to 365.408.365.410Definitions.365.415License requirement for fire, removal, and certain other sales.365.420Application for license -- Bond.365.425Approval of Cabinet for Health and Family Services required.365.430Issuance of license -- Scope of authorization.365.435Record of licenses -- Refusal of license, appeal.365.440Bond held three years, surrendered when.365.445Duration of license -- Renewal -- Fee.365.447Limitation on acquisition of permits for going out of business sales.365.450Federal and judicial requirements to be observed.365.455Posting of application for license -- Advertising regulations.365.460Removal of goods from licensed premises -- Effect.365.465Additions to stock for purpose of sale prohibited -- Evidence.365.470Additions to stock during sale prohibited.365.475Law inapplicable to judicial or farm sales.365.480Injunctive relief -- Civil penalty.365.490Definitions.365.495Advertising of sales at wholesale regulated.365.500Use of word wholesaler in business name, regulations.365.505Attorney General to enforce -- Injunctive relief -- Civil penalty.365.510Applicability of law.365.520Definitions for KRS 365.520 to 365.528 -- Compliance requirement for peer-to-peer car sharing programs.365.522Liability -- Exceptions -- Motor vehicle insurance coverage requirements -- Construction.365.524Notice requirements of peer-to-peer car sharing program -- Collection and verification of records -- Disclosures -- Restrictions and requirements.365.526Impact of notice of safety recall.365.528Liability exemptions.365.530Definitions for KRS 365.530 to 365.536.365.532Motor vehicle liability insurance -- Requirements -- Conditions -- Proof of coverage required -- Claims.365.534Written insurance disclosure required.365.536Construction of KRS 365.530, 365.532, and 365.534.365.561Legislative intent.365.563Definitions for KRS 365.561 to 365.613.365.567Registrability.365.571Application for registration.365.573Filing of applications.365.577Certificate of registration.365.581Duration and renewal.365.583Assignments, changes of name, and other instruments.365.587Records.365.591Cancellation.365.593Classification.365.597Fraudulent registration.365.601Infringement.365.603Remedies.365.607Forum for actions regarding registration -- Service on out-of-state registrants.365.611Common law rights.365.613Fees not refundable.365.650Definitions.365.655Application of KRS 365.650 to 365.695.365.660Permit required.365.665Application for permit.365.670Duty of county clerk.365.675Registered agent.365.680Permit fee -- Bond.365.685Use of permit -- Limits -- Display -- District Court hearing in case of denial.365.687Buyer's right of cancellation.365.690Enforcement by Attorney General or county attorney -- Civil penalty.365.695Regulation by counties or cities.365.710Unsolicited goods deemed gift to recipient -- Definition -- Return of goods.365.720Definitions for KRS 365.720 to 365.730.365.725Destruction of customer's records containing personally identifiable information.365.730Civil action for damages or injunction for violation of KRS 365.725 -- Rights and remedies.365.732Notification to affected persons of computer security breach involving their unencrypted personally identifiable information.365.734Prohibited uses of personally identifiable student information by cloud computing service provider -- Administrative regulations.365.750Definitions.365.755Blind bidding prohibited -- Restrictions on distributor's conditions for license agreement.365.760Bid specifications -- Notice of trade screening -- Examination of bid by another exhibitor -- Bid invitation prohibits other methods of license agreement.365.765Award of damages and attorney fees -- Enforcement.365.780Definitions for KRS 365.780 to 365.784.365.782Prohibition against the use of false, deceptive, or misleading affiliation between a performing group and recording group in a live musical performance or production.365.784Powers of Attorney General or county attorney -- Civil penalty -- Remedies.365.800Definitions for KRS 365.800 to 365.840.365.805Repurchase of inventory from retailer by supplier.365.810Prices to be paid by supplier for repurchase of inventory and hardware, software, repair tools, signage and fixtures required by the supplier -- Reimbursement for training.365.815Title to repurchased goods -- Reserve accounts for recourse contracts.365.820Items not required to be repurchased from retailer.365.825Liability for failure to repurchase.365.830Repurchase of inventory upon death of retailer or majority owner -- Option of heirs -- Previous agreements of succession rights.365.831Termination or change of contract by supplier -- Good cause requirement -- When not permitted -- Notice.365.832Coercion by supplier prohibited.365.833Claims by retailers for payment under warranty agreements.365.834Provisions of KRS 365.800 to 365.840 not waivable.365.835Construction of KRS 365.800 to 365.840 -- Right of retailer and supplier to inspect inventory under repurchase arrangement.365.840Applicability of KRS 365.800 to 365.840.365.850Definitions.365.855Acts constituting consignment.365.860Rules constituting consignment.365.865Work of art consigned remains trust property until payment received by consignor.365.870Waiver of provisions of KRS 365.855 to 365.875 prohibited.365.875Application and effect of KRS 365.855 to 365.870.365.880Definitions.365.882Injunctive relief.365.884Damages.365.886Attorney's fees.365.888Preservation of secrecy.365.890Statute of limitations.365.892Effect on other laws.365.894Uniformity of application and construction.365.896Short title.365.898Severability.365.900Effective date -- When applicable to misappropriation.365.990Penalties.365.992Penalties.365.993Penalties.