Kentucky Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Kentucky has one of the more detailed state telemarketing codes in the country. The core is the telephone solicitation statute at Kentucky Revised Statutes (KRS) 367.46951 to 367.46999, part of the Consumer Protection Act in KRS Chapter 367. It defines "telephone solicitation" broadly, adopts the national Do Not Call Registry as Kentucky's "zero call list," and lists 19 prohibited acts and practices in KRS 367.46955. Among them: calling before 10 a.m. or after 9 p.m., letting the phone ring for more than 30 seconds, calling minors, transmitting misleading caller identification, and using a prerecorded voice to call a residential telephone without prior express consent. The statute also requires telemarketing companies to register with the Office of the Attorney General and post a $50,000 bond. Sellers must give specific disclosures at the start of each call. Contracts that are not reduced to a compliant signed writing can be cancelled within 14 days.

A separate and older statute, KRS 367.461 to 367.469, regulates "automated calling equipment," meaning devices that dial numbers and deliver recorded messages. Anyone who uses such equipment for polls, soliciting information, or advertising must meet six conditions, including consent, identification within 25 seconds, a 10-second disconnect, and calling hours of 8 a.m. to 9 p.m. Unless an exception applies, the caller must also first obtain a permit from the Attorney General backed by a $10,000 surety bond. This statute reaches political polls and other non-sales calls that the telephone solicitation statute does not cover.

Enforcement is mainly public and criminal. A violation of either statute is an unfair, false, misleading, or deceptive act under KRS 367.170. The Attorney General may assess civil penalties of up to $5,000 per offense under KRS 367.990(24). Knowing violations are crimes, ranging from Class B misdemeanors to Class D felonies. Repeat, knowing calls to numbers on the zero call list are a felony. Kentucky has no statutory damages remedy like the Telephone Consumer Protection Act (TCPA). Consumers who buy something because of an unlawful call can sue for actual damages, punitive damages, and attorney's fees under KRS 367.220, and can void the contract. Since 2019, a person who receives a spoofed call, or whose own number was spoofed, has an express civil action for actual and punitive damages, expenses, and attorney's fees.

Key statutes and regulations

Detailed provisions

1. What counts as a "telephone solicitation"

KRS 367.46951(1)(a) defines the core term:

"Telephone solicitation" means: (a) A live or recorded communication sent by a telephone or message sent by a facsimile machine to a residential, mobile, or telephone paging device telephone number, including a call made by an automatic dialing or recorded message device, for the purpose of: 1. Soliciting a sale of consumer goods or services, offering an investment, business, or employment opportunity, or offering a consumer loan to the person called;

The definition also covers calls made to obtain information for those purposes, offers of prizes that require payment, and offers of a prize or gift to attend a sales presentation (KRS 367.46951(1)(a)2. to 4.). Subsection (1)(b) reaches calls made in response to inquiries generated by "unrequested notifications" sent by the merchant to new customers. It applies where the merchant represents that the recipient was specially selected, will receive a prize or gift for calling, or will get additional items at no extra cost or below the regular price.

"Consumer goods or services" means "goods, services, or interests in real property used by natural persons primarily for personal, family, or household purposes" (KRS 367.46951(3)). The statute is therefore a consumer statute. Business to business calls are excluded, and calls that do not solicit sales, investments, loans, or the like fall outside the definition. Charitable appeals, political calls, and surveys fall into that last group. The Attorney General's consumer page lists "Telemarketers soliciting only donations for charities," "Telemarketers who call your business," and "Political calls and telephone surveys or polls" among the calls consumers on the list may still receive.

KRS 367.46951(2) lists what "telephone solicitation" does not mean:

(a) A telephone call made in response to an express request of a person called, unless the request was made during a prior telephone solicitation; (b) A telephone call made to the debtor or a party to the contract in connection with the payment or performance of an existing debt or contract, the payment or performance of which has not been completed at the time of the call; (c) A telephone call to any person with whom the telemarketer or merchant has a prior or existing business relationship, including but not limited to the solicitation of contracts for the maintenance or repair of items previously purchased from the person making the solicitation or on whose behalf the solicitation is made;

Paragraph (d) adds calls made by "A merchant or telemarketer located in Kentucky to a location outside of the Commonwealth of Kentucky" and "A telephone call made by one (1) merchant to another."

Two features stand out. First, the business relationship exclusion has no time limit and no definition. Federal law limits the established business relationship to 18 months after a purchase or 3 months after an inquiry. Kentucky's text excludes calls to "any person with whom the telemarketer or merchant has a prior or existing business relationship." 40 KAR 2:076 recites that it "lists the factors used to determine if a prior or existing business relationship exists," but the current text of that regulation contains only the complaint procedure and the incorporated forms. Second, because the exclusions take a call out of the definition entirely, an excluded call is not subject to any of the KRS 367.46955 prohibitions. That includes the hours rule and the ring limit.

Other definitions matter for coverage. A "telemarketer" is "any person who under contract with a merchant or in connection with a telephone solicitation initiates or receives telephone calls to or from a consumer of goods and services" (KRS 367.46951(11)). A "telemarketing company" means "a company whose primary business is to engage in telephone solicitation" (KRS 367.46951(13)). That narrower term controls who must register.

2. The zero call list (Do Not Call)

Kentucky ran its own "zero call list" until 2007, then folded it into the federal registry. The current definition reads:

"Zero call list" means the national Do Not Call Registry maintained by the United States Federal Trade Commission containing the residential or wireless telephone numbers of the individuals that indicate their preference not to receive telephone solicitations.

The operative prohibition is KRS 367.46955(15), which makes it unlawful to engage in:

Making or causing to be made an unsolicited telephone solicitation call if the residential number for that telephone appears in the current publication of the national Do Not Call Registry maintained by the United States Federal Trade Commission;

KRS 367.46994(1) directed the Attorney General to ask the Federal Trade Commission (FTC) to add to the national registry "the residential numbers that were placed on the zero call list on or before June 26, 2007." Subsection (2) provides that "Persons whose telephone numbers appear on the zero call list shall not receive telephone solicitations except in accordance with the provisions of KRS 367.46951 to 367.46999."

The statute sets no state scrub interval. The Attorney General's guidance for telemarketers says that "To ensure compliance the FTC requires telemarketers to search the National Do Not Call List every 31 days." It also notes that the Kentucky area codes 270, 502, 606, and 859 are "available at no cost from the National Do Not Call Registry." According to the same page, "A 'Merchant' conducting 'telephone solicitations' is only required to obtain the 'No Call' list," while telemarketing companies must also register.

Mobile numbers. Subsection (15) refers to "the residential number." The definitions, however, include "residential or wireless telephone numbers" in the zero call list, and the definition of telephone solicitation covers "residential, mobile, or telephone paging device" numbers. In Hensley v. Dimension Service Corp. (E.D. Ky. 2025), discussed below, a federal court rejected a seller's argument that a claim under KRS 367.46955 required calls to a residential phone. The court held that KRS 367.46955 "does not require calls to be received" on a residential phone.

Company-specific opt-out. KRS 367.46955(14) prohibits:

Initiating a telephone solicitation call to a person, when that person has stated previously that he or she does not wish to receive solicitation calls from that seller;

Unlike the federal rule, Kentucky's opt-out has no expiration. It is phrased as a flat prohibition on calling "when that person has stated previously" that they do not want calls.

Use of list data. KRS 367.46994(3) limits database information to "the purpose of implementing the zero call program." KRS 367.990(23) makes it a Class A misdemeanor to use "a zero call list identified in KRS 367.46955(15) for any purpose other than complying with the provisions of KRS 367.46951 to 367.46999."

Defenses. KRS 367.46995 provides:

(1) Any claim or action alleging the making of a call to a person on the zero call list in violation of KRS 367.46955 shall be in writing and verified by the claimant. (2) In any action or claim alleging the making of a call to a person on the zero call list, it shall be a defense that the defendant obtains the current zero call list in a timely manner and makes reasonable efforts to avoid calling persons whose telephone numbers appear on the list.

Subsection (3) adds a broader defense for any action under the statute if "the defendant has established and implemented, with due care, reasonable practices and procedures to prevent telephone solicitations in violation of KRS 367.46951 to 367.46999." KRS 367.46991 puts the burden of proving an exemption on the party claiming it.

3. Registration and bonding of telemarketing companies

KRS 367.46971(1) requires registration before doing business:

At least ten (10) days prior to doing business in this state, a telemarketing company shall register with the office by filing the information described below and paying a filing fee of three hundred dollars ($300). A telemarketing company shall be deemed to do business in this state if the telemarketing company solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state.

Registration lasts one year and may be renewed annually "by making the filing required by this section and paying a filing fee of fifty dollars ($50)" (KRS 367.46971(2)). Material changes must be reported by addendum within ten days. Salesperson changes may be reported quarterly (KRS 367.46971(3)). After the filing is confirmed, the company must post the entire registration statement "in a conspicuous place at each of the telemarketing company's business locations within this state" (KRS 367.46971(4)).

KRS 367.46973 lists the contents of the filing. It includes names, business form and organizational documents, all business locations, all telephone numbers used, officers and managers, and each principal's residence, date of birth, and driver's license number. It also requires disclosure of criminal convictions, civil judgments, and bankruptcies.

The bond requirement is in KRS 367.46981(1):

Every telemarketing company shall maintain a bond issued by a surety company admitted to do business in this state. The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the Attorney General for the benefit of any person suffering injury or loss by reason of any violation of KRS 367.46951 to 367.46999

Under KRS 367.46981(2), a company offering a premium worth $500 or more must notify the Attorney General in writing at least ten days before the promotion starts. It must also maintain an additional bond covering "the greater of the current total market value or the advertised value of the premiums." The bond is forfeited if the premium is not awarded within 30 days of the disclosed award date.

Registration applies only to a "telemarketing company," whose "primary business" is telephone solicitation. A retailer or service business that makes its own sales calls is a "merchant." It must follow the conduct rules and obtain the list, but it does not register under KRS 367.46971.

The procedure is set by 40 KAR 12:310 (recodified from 40 KAR 2:070 effective July 18, 2025). An amendment to 40 KAR 12:310, filed with the Legislative Research Commission on July 8, 2026, would move registration and renewal to online portals and require a certificate of existence or other proof of authority to do business in Kentucky. It would also require copies of sales materials, written notice of material changes within 14 days, and production of records on request. As proposed, Section 1(1) states that a company "shall not initiate or receive telephone calls with Commonwealth of Kentucky residents unless the Attorney General approves the telemarketing company's online registration application." The amendment appears on the Legislative Research Commission site as amended at the Administrative Regulation Review Subcommittee. Its final effective date was not confirmed for this page.

4. Calling hours, ring time and harassment

Kentucky has two hours rules, depending on the statute.

For telephone solicitations, KRS 367.46955(16) prohibits:

Making telephone solicitations to a person's residence at any time other than between 10 a.m. - 9 p.m. local time, at the called person's location;

For automated calling equipment, KRS 367.461(2)(e) requires that "Calls using the automated calling equipment are made only between 8:00 a.m. and 9:00 p.m."

The 10 a.m. start for telephone solicitations is two hours later than the federal 8 a.m. start. Subsection (16) refers to "a person's residence," and the statute does not say whether it reaches mobile numbers. The Hensley reasoning about the definition suggests it may, but no court has decided the point.

Other conduct rules in KRS 367.46955 include:

• (11) "Threatening, intimidating, or using profane or obscene language;"
• (12) "Causing the telephone to ring more than thirty (30) seconds in an intended telephone solicitation;"
• (13) "Engaging any person repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive, or harassing;"

Kentucky has no numeric cap on calls per day or per week. Subsection (13) is a general harassment standard. Federal rules require a call to ring for at least 15 seconds or four rings before it is abandoned. Kentucky's 30-second ring maximum is compatible with that, but it leaves a narrow window.

5. Required disclosures and opt-out at the start of the call

KRS 367.46953 sets the opening script:

A caller making a telephone solicitation shall: (1) Immediately upon making contact by telephone with the consumer, state his actual name, the merchant's legal name, a telephone number or address at which the merchant may be contacted, and the town or city and state where the caller is physically located; (2) Within the first thirty (30) seconds of the call, identify the goods, services, interest in real estate, investment or business opportunity, or type of credit being offered and inquire whether the consumer is interested in listening to a sales presentation; and (3) Immediately discontinue the solicitation if the consumer responds in the negative.

This goes beyond federal law. The caller must state the city and state where the caller is physically located, name the product within 30 seconds, and ask permission to continue. KRS 367.46955(10) separately bars "Directing or permitting employees to use a fictitious name or not to use their name while making a telephone solicitation."

KRS 367.46977 adds content rules for the sales presentation itself:

• Prize promotions must disclose the number of past winners, the value and odds, the conditions, and that no purchase is necessary.
• Real estate, investment, and business opportunity pitches must disclose participant experience, price, location, likelihood of success, and risk.
• Price comparisons must name the supplier and where the items are sold at usual prices.
• The pitch must state the total cost of goods or services, any restrictions, and the terms for refunds and cancellation.

Under KRS 367.46955(8), it is a prohibited act to make a telephone solicitation "to anyone under eighteen (18) years of age. When making a telephone solicitation the telemarketer shall inquire as to whether the person is eighteen (18) years of age or older and the answer shall be presumed to be correct." The duty to ask about age has no federal counterpart.

6. Prerecorded messages and automated calling equipment

Prerecorded solicitations. KRS 367.46955(18) prohibits:

Making a telephone solicitation to any residential telephone using an artificial or prerecorded voice to deliver a message, unless the call is initiated for emergency purposes by schools regulated by the Kentucky Department of Education or the call is made with the prior express consent of the called party;

The statute requires "prior express consent," not the federal "prior express written consent" standard for telemarketing.

The automated calling equipment statute. KRS 367.461(1) defines the equipment:

As used in KRS 367.461 to 367.469, "automated calling equipment" means any device or combination of devices which is used to select or dial telephone numbers and to deliver recorded messages to the numbers so selected or dialed.

KRS 367.46951(10) defines the same term for the telephone solicitation statute, adding "without the use of a live operator." Both definitions are conjunctive: the device must both dial and deliver recorded messages. They therefore target robocall platforms rather than predictive dialers that connect calls to live agents. That is different from the federal "automatic telephone dialing system" (ATDS) analysis in Facebook, Inc. v. Duguid (2021), which turns on whether equipment uses a "random or sequential number generator." Kentucky's definition does not depend on a number generator, and KRS 367.461(2)(d) separately bans random or sequential dialing by covered equipment.

KRS 367.461(2) applies to use "for conducting polls, for soliciting information, or for advertising goods, services, or property." That reaches political polling and survey robocalls. Use is lawful only if all six conditions are met:

(a) The person receiving the call consents to it, as specified in KRS 367.463; (b) The recorded message clearly states the name and telephone number of the person or organization initiating the call within the first twenty-five (25) seconds of the message and at the conclusion of the message.

The remaining conditions are:

• The callback number must "during normal office hours, be answered promptly and personally by an agent."
• (c) The equipment must disconnect "within ten (10) seconds after the person called either fails to consent to hear a recorded message or hangs up the telephone."
• (d) The use "does not involve either the random or sequential dialing of telephone numbers, does not call telephone numbers which are omitted from the telephone directory at the customer's request, and does not call hospitals, nursing homes, fire protection agencies, or law enforcement agencies."
• (e) Calls go out only between 8:00 a.m. and 9:00 p.m.
• (f) The equipment "operates only when it is attended."

Consent. KRS 367.463 recognizes two forms. Per-call consent arises when "A live operator introduces the call and states an intent to play a recorded message" or the person consents by keypad. Such consent "applies only to the particular call." Written consent must "state clearly and conspicuously its purpose and effect and shall clearly and conspicuously give notice of how the consent can be withdrawn." The record must be kept and shown to the Attorney General on 24 hours' notice. Written consent is void 15 days after receipt of a withdrawal letter. Unless withdrawn, "a written consent shall be valid for two (2) years from the date on which it is executed." The two-year life of written consent is a Kentucky rule with no federal parallel.

Exceptions. KRS 367.461(3) exempts calls that:

• respond to the called person's own call
• concern goods or services previously ordered or purchased
• relate to debt collection
• are school attendance calls
• are reminders from organizations of which the person is a member, or calls to a person "with whom there is an existing business relationship"

A 2020 amendment (2020 Ky. Acts ch. 71) added paragraph (f). It exempts automated calls "made to a publicly available telephone number which the business intends to be called by customers or potential customers." Examples include booking reservations or asking about hours. Callers using this exception may not sell the individual's personal information.

Permit and bond. KRS 367.469(1) requires a permit before automated calls are made:

Unless covered by one (1) of the exceptions in KRS 367.461(3), and prior to using automated calling equipment to call telephone numbers in this Commonwealth, a person or company shall first obtain a permit from the Attorney General.

The application must include a surety bond "for the sum of ten thousand dollars ($10,000), to be maintained continuously in full force and effect." 40 KAR 12:300 (formerly 40 KAR 2:040) sets the procedure. Permits are valid for one year and may be revoked for violations. The Attorney General's guidance states that for failing to comply with the permit and bond requirement, "The Attorney General may recover a $2000 civil penalty per violation."

Fee lines. KRS 367.465 bars using automated calling equipment "to solicit persons to call a telephone fee line under his control." It also requires telephone companies to withdraw such lines on the Attorney General's order.

7. Text messages

Neither statute mentions text messages. The telephone solicitation definition covers "A live or recorded communication sent by a telephone or message sent by a facsimile machine" to residential, mobile, or paging numbers. The automated calling equipment statute speaks of delivering "recorded messages." No Kentucky appellate decision or Attorney General guidance located for this page applies either statute to SMS. Senders should assume federal texting rules apply in full and treat Kentucky coverage of texts as unsettled.

8. Caller ID and spoofing

KRS 367.46955(9) prohibits:

(a) Causing misleading caller identification information to be transmitted to users of caller identification services, or to otherwise misrepresent the origin of the telephone solicitation.

It contains two exceptions. Paragraph (b)1. states that "This subsection shall not apply to solicitations which block caller identification, nor shall it apply to solicitations in which the name and telephone number of the party on whose behalf the call is made is substituted for the name and telephone number of the actual caller." Paragraph (b)2. exempts carriers acting as intermediaries, configuring services at a customer's request, acting as required by law, or engaging in other conduct necessary to provide service.

The 2019 amendment (2019 Ky. Acts ch. 105, HB 84, effective June 27, 2019) replaced an earlier provision limited to circumventing caller ID "with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value." The current Kentucky ban therefore has no intent element, unlike the federal Truth in Caller ID provision in 47 U.S.C. § 227(e). Kentucky also does not require caller ID to be transmitted, and expressly allows blocked caller ID. Federal rules separately require telemarketers to transmit caller ID. The FTC's Telemarketing Sales Rule (TSR) bars "Failing to transmit or cause to be transmitted the telephone number, and, when made available by the telemarketer 's carrier, the name of the telemarketer , to any caller identification service in use by a recipient of a telemarketing call." Callers must therefore follow the stricter federal transmission rule.

The same 2019 Act added an identical caller ID provision for charitable solicitations at KRS 367.667(1)(c). It also created the private civil action discussed below in Section 11.

9. Payment, contracts and cancellation

Cancellation right. KRS 367.46961(1) allows a consumer to cancel any telephone solicitation contract that is not reduced to a compliant writing:

Unless the contract is reduced to writing in compliance with subsection (4) of this section, a consumer may cancel a contract made as a result of a telephone solicitation and obtain a full refund of all money paid, by returning the goods, if any, undamaged and unused, or canceling services within the later of: (a) Fourteen (14) calendar days following receipt of the goods; or (b) Fourteen (14) calendar days following receipt of two (2) copies of a written notice of cancellation rights containing the following language in no less than ten (10) point, bold-faced type:

The statutory notice begins "BECAUSE YOU AGREED TO BUY THESE GOODS (or services or other appropriate description) AS A RESULT OF AN UNSOLICITED TELEPHONE CALL, KENTUCKY LAW GIVES YOU FOURTEEN (14) DAYS TO CANCEL YOUR AGREEMENT WITH US." Refunds must be processed within 30 days (KRS 367.46961(3)).

Written contract alternative. The cancellation period does not apply to a signed written contract that complies with law, matches the description used in the call, states the merchant's contact details and total price, and contains all representations made. It must also set out, in at least 10-point bold type immediately before the signature: "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE MERCHANT." (KRS 367.46961(4)).

No payment first. KRS 367.46963 provides:

No caller or merchant making or causing to be made a telephone solicitation shall request or accept payment from a consumer or make or submit any charge to the consumer's credit or bank account until either: (1) The merchant receives from the consumer a signed copy of a written contract complying with KRS 367.46961(4); or (2) The cancellation period provided in KRS 367.46961(1) has expired, and the consumer has not exercised his right to cancel.

Voidable contracts. Under KRS 367.46957, "A contract or agreement made as a result of a telephone solicitation violating KRS 367.46951 to 367.46999 is voidable by the consumer for any reason at any time and shall not be enforced against the consumer."

Other payment practices. KRS 367.46955 also prohibits:

• (5) obtaining a check or draft "without the consumer's express written authorization," or charging a card or making an electronic transfer except in conformity with KRS 367.46963
• (6) sending a courier to collect payment "unless the goods are delivered with the opportunity to inspect before any payment is collected"
• (2) to (4) advance fees for credit repair, for recovery of money lost in a prior telephone solicitation, and for loans where success was guaranteed or represented as highly likely

KRS 367.46993 bars a telemarketer from contacting a card issuer "for the purpose of obtaining a consumer's credit card account number," and bars issuers from providing it. KRS 367.46955(17) prohibits "Selling or making available for economic gain any information revealed during a telephone solicitation without the express written consent of the consumer."

10. Assisting and facilitating, government endorsement, and catchall

KRS 367.46955(7) reaches anyone "Assisting, supporting, or providing substantial assistance to any telemarketer when the telemarketing company knew or should have known that the telemarketer was engaged in any act or practice prohibited under this section." Subsection (1) bars "Advertising or representing that registration as a telemarketer equals an endorsement or approval by any government or governmental agency." Subsection (19) is a catchall for "any unfair, false, misleading, or deceptive practice or act as part of a telephone solicitation." KRS 367.46987 provides that anyone who "uses electronic equipment within this Commonwealth for purposes of telephone solicitation shall, as a condition of that use, be deemed to have accepted the provisions of KRS 367.46951 to 367.46999 and of KRS Chapter 526."

11. Private right of action, damages and limitations

Kentucky has no statutory damages provision like the TCPA's $500 per call. Consumers have three routes.

Spoofing civil action. KRS 367.46999(4), added in 2019, provides:

(a) Notwithstanding other criminal and administrative remedies, a person or class of persons alleging: 1. Receipt of a call in violation of KRS 367.46955(9); or 2. That a number assigned to the person was misleadingly transmitted as a caller identification number by a solicitor in violation of KRS 367.46955(9); may bring a civil action in the county where the plaintiff resides or has his or her principal place of business, against any person who is responsible for or who knowingly participated in the violation.

The action may seek "Appropriate injunctive relief," "Actual damages," "Actual expenses incurred, including court costs and attorney's fees," and "Punitive damages" (KRS 367.46999(4)(b)). The statute expressly allows a "class of persons" to sue, and it gives standing to people whose numbers were spoofed. The TCPA does not. KRS 367.667(2) gives the same remedies for spoofed charitable calls.

Consumer Protection Act action. Because KRS 367.46967(1) makes every violation of the telephone solicitation statute a violation of KRS 367.170, the general private remedy in KRS 367.220 applies. It is limited to purchasers:

Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by KRS 367.170, may bring an action

The court "may, in its discretion, award actual damages," may grant equitable relief, and may award reasonable attorney's fees and costs "to the prevailing party." The statute adds that "Nothing in this subsection shall be construed to limit a person's right to seek punitive damages where appropriate." The limitations period is in KRS 367.220(5): "within one (1) year after any action of the Attorney General has been terminated or within two (2) years after the violation of KRS 367.170, whichever is later." Because the text requires a purchase or lease and an ascertainable loss, a consumer who merely received an unwanted call and bought nothing does not appear to have a KRS 367.220 claim. Hensley allowed KCPA claims to proceed where the plaintiff had bought a vehicle service contract. The automated calling equipment statute is linked to KRS 367.170 the same way by KRS 367.467.

Rescission. A contract resulting from a noncompliant telephone solicitation is voidable at any time (KRS 367.46957).

The spoofing civil action under KRS 367.46999(4) states no limitations period of its own, and this page takes no position on which general Kentucky limitations period applies.

12. Attorney General enforcement, civil penalties and criminal liability

Civil penalties. KRS 367.990(24)(a) provides:

Notwithstanding any other provision of law, any telemarketing company, telemarketer, caller, or merchant that violates KRS 367.46951 to 367.46999 shall be assessed a civil penalty of not more than five thousand dollars ($5,000) for each offense.

The Attorney General initiates enforcement and may compromise the penalty, considering financial resources, gravity, prior citations, and good faith. A citation is issued. If the penalty is unpaid within 15 working days, the Attorney General files a civil action (KRS 367.990(24)(b) to (d)).

The general Consumer Protection Act penalties also apply through KRS 367.46967(2) and 367.467(2). Under KRS 367.990(26), as restated by 2026 Ky. Acts ch. 198 (HB 869), a court may impose a civil penalty for willful violations of KRS 367.170 "of not more than: 1. Two thousand dollars ($2,000) per violation; or 2. Ten thousand dollars ($10,000) per violation if the defendant's conduct is directed at a person aged sixty (60) or older," where the defendant knew or should have known the person was 60 or older and substantially more vulnerable. The 2026 text adds counting rules: a violation is separate "as to each" consumer, transaction, and separately identifiable practice. Continuing conduct is a separate violation "for each day that the unlawful method, act, or practice exists or continues." Subsection (26)(c) provides that "Proof of actual injury to a consumer as a prerequisite to the assessment of civil penalties under this subsection shall not be required." Violating an injunction carries up to $25,000 per violation (KRS 367.990(1)).

Criminal penalties. KRS 367.46999(1) makes knowing violations crimes:

Any person, including, but not limited to, a merchant, a telemarketer, a salesperson, agent or representative of the merchant, or an independent contractor, who knowingly violates any provision of KRS 367.46951 to 367.46999 or engages in any act, practice, or course of business which operates or would operate as fraud or deceit upon any person in connection with a sale shall be guilty of a Class D felony, except that any person who violates KRS 367.46955(7) to (16) shall be guilty of:

For subsections (7) to (16), the penalty is a Class B misdemeanor for a first offense (up to 90 days or $500) and a Class A misdemeanor for later offenses (up to one year or $5,000). That group covers assistance, minors, caller ID, fictitious names, threats, ring time, harassment, opt-outs, Do Not Call, and hours. A person convicted of a caller ID violation must also "pay restitution of any financial benefit secured through conduct proscribed by KRS 367.46955(9)" (KRS 367.46999(2)). The Attorney General has "concurrent enforcement powers as to such felonies and misdemeanors" (KRS 367.46999(3)).

KRS 367.990(22) separately makes it a Class D felony for a telemarketing company, telemarketer, caller, or merchant who "three (3) times in one (1) calendar year knowingly and willfully violates KRS 367.46955(15)."

Complaints. Under 40 KAR 2:076, complaints may be filed orally, in writing, or on the Attorney General's telemarketing complaint forms. KRS 367.46995(1) requires that a "claim or action" alleging a zero call list violation be "in writing and verified by the claimant."

Jurisdiction over out-of-state callers. KRS 454.210(2), as amended in 2024, allows a court to exercise personal jurisdiction "on any basis consistent with the Constitution of Kentucky and the Constitution of the United States." The listed bases include "Making a telephone solicitation, as defined in KRS 367.46951, or a charitable solicitation as defined in KRS 367.650 via telecommunication, into the Commonwealth" (KRS 454.210(2)(i)).

How Kentucky law differs from federal law

Where Kentucky is stricter. Kentucky's 10 a.m. start time, ring limit, minor rule, opening script, and permanent company-specific opt-out all go beyond federal requirements. Registration and bonding for telemarketing companies and automated callers, and the cancellation and no-payment-first rules, have no general federal analogue. Kentucky's caller ID ban applies without proof of intent to defraud. Criminal liability, including felony exposure for repeat knowing Do Not Call violations, is a significant difference from the civil federal regime.

Where Kentucky is looser. The business relationship exclusion has no time limit. The prerecorded call consent standard for residential solicitations is "prior express consent" rather than written consent. The 10-second disconnect is longer than the federal 5 seconds. Kentucky offers no statutory damages to a consumer who simply receives unwanted calls. In each case, federal law still applies, so the federal standard governs in practice.

Where Kentucky is the same. The Do Not Call list is the national registry. The 9 p.m. end time for calls matches the federal rule.

Notable enforcement and case law

Hensley v. Dimension Service Corp., No. 5:24-cv-378-KKC (E.D. Ky. June 13, 2025). Hensley v. Dimension Service Corp. (E.D. Ky. 2025) The plaintiff's cell phone was on the national registry. He alleged about 100 calls selling vehicle service contracts and bought a contract on one call. The seller argued that his Kentucky claims failed because a cell phone is not a "residential number." The court rejected that argument "as a matter of law." It explained that the statute "does not require calls to be received" on a residential phone, because the definition of telephone solicitation covers communications to "a residential, mobile, or telephone paging device telephone number." On a motion for leave to amend, the court allowed the TCPA and Kentucky Consumer Protection Act claims against the seller to proceed. It denied amendment as futile for the contract administrator, the payment plan provider, and a related company, because the amended complaint did not allege facts supporting direct or vicarious liability. It also dismissed an invasion of privacy claim.

Newberry v. Silverman, No. 14-3882, 789 F.3d 636 (6th Cir. May 29, 2015). Newberry v. Silverman (6th Cir. 2015) A Kentucky patient argued that an Ohio dentist's calls into Kentucky supported jurisdiction under the long-arm statute's telephone solicitation category. The Sixth Circuit held they did not, explaining that "The Kentucky legislature, however, has been very precise in defining what constitutes a 'telephone solicitation,'" and that the definition excludes calls made in response to an express request and calls to a person with a prior or existing business relationship. The plaintiff's own affidavit "establishes both that he had a preexisting relationship with Silverman and that Newberry was the one who initiated contact." The decision is useful for how courts read the KRS 367.46951(2) exclusions. The long-arm statute was rewritten in 2024 to reach any constitutionally permissible basis, so the jurisdictional holding should be read with that change in mind. (The court separately vacated and remanded on a fraud claim and otherwise affirmed.)

No published Kentucky appellate decision applying the KRS 367.46955 prohibitions in a private telemarketing suit was located.

Recent amendments

• 2026 Ky. Acts ch. 198 (HB 869), effective April 27, 2026 per the Legislative Research Commission history note. It rewrote KRS 367.990. The bracketed (deleted) text in the session law shows that the $2,000 and $10,000 willful-violation penalties were removed from former subsection (2) and restated in new subsection (26). The new subsection adds per-consumer, per-transaction, and per-day counting rules, states that proof of actual injury is not required, and lists penalty factors. The telemarketing-specific subsections were renumbered, so the zero call list felony is now (22), list misuse (23), and the $5,000 civil penalty (24). The Attorney General's telemarketer page still cites the earlier numbers (25)(a) and (23).
• 2024 Ky. Acts ch. 112 (SB 376), effective April 5, 2024. It reorganized the Department of Law. In KRS 367.46951, 367.46971, 367.46981, and 367.990, it replaced references to the "Division" of Consumer Protection with the "Office" of Consumer Protection. The bracketed text in the session law shows no substantive change to telemarketing duties.
• 2024 Ky. Acts ch. 157, effective July 15, 2024. It amended the long-arm statute, KRS 454.210, to allow jurisdiction on any constitutional basis. Telephone solicitation remains a listed basis at (2)(i).
• 2025 recodification. Effective July 18, 2025, 40 KAR 2:040 (automated calling permit) became 40 KAR 12:300, and 40 KAR 2:070 (telemarketing registration) became 40 KAR 12:310. A proposed amendment to 40 KAR 12:310 was filed July 8, 2026 (see Section 3).
• 2020 Ky. Acts ch. 71, effective July 15, 2020. It added the KRS 367.461(3)(f) exception for automated calls to publicly available business numbers.
• 2019 Ky. Acts ch. 105 (HB 84), effective June 27, 2019. It rewrote the caller ID ban in KRS 367.46955(9) and created the spoofing civil action in KRS 367.46999(4). It made parallel changes to KRS 367.667 for charitable calls, and removed the fixed $500 and $1,000 fines formerly in KRS 367.46999(2), leaving restitution.

Compliance checklist

• Scrub Kentucky residential and wireless numbers against the national registry before calling and at least every 31 days, and keep records that support the KRS 367.46995 defenses.
• Keep a permanent company-specific suppression list; Kentucky's opt-out does not expire.
• Limit telephone solicitations to 10 a.m. through 9 p.m. at the called person's location, and do not let calls ring longer than 30 seconds.
• Open each call with the caller's real name, the merchant's legal name, a contact number or address, and the caller's city and state. Identify the offer within 30 seconds, ask whether the consumer wants to hear it, and confirm the person is 18 or older.
• If you are a telemarketing company, register with the Attorney General at least 10 days before calling, post the $50,000 bond, file premium notices and bonds, and renew annually.
• Do not use prerecorded messages for residential solicitations without prior express consent (and prior express written consent under federal law). For any automated message campaign, including polls, obtain the Attorney General permit and $10,000 bond unless an exception applies, and meet every KRS 367.461(2) condition.
• Transmit accurate caller ID showing your number or the seller's number; never display misleading numbers.
• Use a signed written contract with the statutory bold statement, or give the 14-day cancellation notice. Do not take payment or charge an account until one of those conditions is met.
• Avoid advance fees for credit repair, loan brokering, and recovery services, and avoid courier pickups before inspection.
• Assess vendor compliance; assisting a telemarketer who you knew or should have known was violating the statute is itself a violation.

References

• KRS 367.46951, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54552
• KRS 367.46953, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34970
• KRS 367.46955, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48885
• KRS 367.46957, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34972
• KRS 367.46961, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34973
• KRS 367.46963, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34974
• KRS 367.46967, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34975
• KRS 367.46971, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54553
• KRS 367.46973, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34977
• KRS 367.46977, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34978
• KRS 367.46981, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54554
• KRS 367.46983, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34980
• KRS 367.46987, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34981
• KRS 367.46991, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34982
• KRS 367.46993, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34983
• KRS 367.46994, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34984
• KRS 367.46995, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34985
• KRS 367.46999, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48886
• KRS 367.461, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50277
• KRS 367.463, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34965
• KRS 367.465, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34966
• KRS 367.467, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34967
• KRS 367.469, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34968
• KRS 367.667, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48887
• KRS 367.170, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34914
• KRS 367.220, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34922
• KRS 367.990, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57152
• KRS 454.210, https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55339
• 40 KAR 12:300, https://apps.legislature.ky.gov/law/kar/titles/040/012/300/
• 40 KAR 12:310, https://apps.legislature.ky.gov/law/kar/titles/040/012/310/
• 40 KAR 12:310 proposed amendment (markup), https://apps.legislature.ky.gov/law/kar/downloads/docs/18201/document.markup.pdf
• 40 KAR 2:076, https://apps.legislature.ky.gov/law/kar/titles/040/002/076/
• 2026 Ky. Acts ch. 198 (HB 869), https://apps.legislature.ky.gov/law/acts/26RS/documents/0198.pdf
• 2024 Ky. Acts ch. 112 (SB 376), https://apps.legislature.ky.gov/law/acts/24RS/documents/0112.pdf
• 2019 Ky. Acts ch. 105 (HB 84), https://apps.legislature.ky.gov/law/acts/19RS/documents/0105.pdf
• Kentucky Attorney General, Information for Telemarketers, https://www.ag.ky.gov/Resources/Consumer-Resources/Consumers/Pages/Information-for-Telemarketers.aspx
• Kentucky Attorney General, Kentucky 'No Call' Law, https://www.ag.ky.gov/Resources/Consumer-Resources/Consumers/Pages/Kentucky-No-Call-Law.aspx
• Hensley v. Dimension Service Corp., No. 5:24-cv-378 (E.D. Ky. 2025), https://www.govinfo.gov/content/pkg/USCOURTS-kyed-5_24-cv-00378/pdf/USCOURTS-kyed-5_24-cv-00378-0.pdf
• Newberry v. Silverman, No. 14-3882 (6th Cir. 2015), https://www.govinfo.gov/content/pkg/USCOURTS-ca6-14-03882/pdf/USCOURTS-ca6-14-03882-0.pdf
• 47 U.S.C. § 227, https://www.law.cornell.edu/uscode/text/47/227
• 47 C.F.R. § 64.1200, https://www.law.cornell.edu/cfr/text/47/64.1200
• 16 C.F.R. § 310.4, https://www.law.cornell.edu/cfr/text/16/310.4

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.