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Kentucky Telemarketing Fraud Laws

Intentional misrepresentations that are made over the phone in order to make money, or to obtain personal information, constitute a type of fraud known as telemarketing fraud. Telemarketing scams generally follow a predictable pattern: the offender calls the victim, makes a false statement, and that misrepresentation entices the victim to give money to the caller.

In order to combat telemarketing fraud, Kentucky has passed a law that prohibits certain types of telephone solicitations and practices. The following chart highlights the main prohibited acts and practices under this law.

Code Section

Kentucky Revised Statutes section 367.46955: Prohibited Telephone Solicitation Acts and Practices

What's Prohibited?

Engaging in any of the following:
  • Representing that registration as a telemarketer represents an endorsement by a government agency
  • Requesting money to remove derogatory information or improve someone's credit history
  • Requesting a fee to recover money lost by the consumer in a prior telemarketing transaction
  • Requesting a fee for obtaining a line of credit for the consumer
  • Obtaining or cashing a check from the consumer without his express written authorization, or illegally charging a credit card
  • Employing a courier to pick up the consumer's payment before allowing the consumer to inspect the goods
  • A telemarketing company assisting or supporting a telemarketer that they should have known is engaging in prohibited activity
  • Making a telephone solicitation to anyone under 18 years old
  • Intentionally circumnavigating caller ID
  • Directing or permitting employees to use fake names
  • Using threatening, intimidating, profane, or obscene language
  • Causing the phone to ring for more than 30 seconds
  • Engaging in repetitive behavior that a reasonable person would find annoying, abusive, or harassing
  • Calling consumers who have previously stated that they don't want to receive solicitation calls from that seller, or those numbers listed on the Do Not Call Registry
  • Calling a residence outside the hours of 10 a.m. – 9 p.m.
  • Selling information the consumer reveals during a telephone solicitation (without the consumer's written consent)
  • Calling a residence with an artificial or prerecorded voice to deliver a message (unless initiated for emergency purposes), or
  • Engaging in any unfair, false, misleading, or deceptive practice or act as part of a telephone solicitation

Zero Call List

Telephone solicitors in Kentucky, and throughout the United States, aren't allowed to call phone numbers that are listed on the National Do Not Call Registry. Registering your phone number is simple, free, and a good way to help protect yourself against telemarketing scams.

Telemarketers aren't allowed to call numbers listed on the registry, however, it is a defense that the defendant telemarketer obtained the zero call list in a timely manner and made reasonable efforts to avoid calling the numbers on the list. The defendant should be able to show that they established and implemented (with due care) reasonable practices and procures in order to prevent violating the zero call list.

Federal Telemarketing Laws

Additional Resources

State laws change frequently. For case specific information regarding Kentucky's telemarketing fraud laws contact a local consumer protection lawyer.

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