227
CHAPTER 19
KENTUCKY
A. Scope of the Statute and Elements of a Cause of Action
The Kentucky Consumer Protection Act (CPA)1 prohibits “unfair,
false, misleading, or deceptive acts or practices in the conduct of an y trade
or commerce” as well as antitrust-type violations.2 Under the statute, the
terms “trade” and “commerce” mean “the advertising, offering for sale, or
distribution of any services and any property, tangible or intangible, real,
personal or mixed, and any other article, commodity, or thing of value.”3
Thus, in some learned professions, such as the practice of medicine,
whether the CPA applies depends on whether the alleged conduct in
violation of the statute involves the entrepreneurial, commercial, or
business aspect of the practice.4 A claim under the CPA is tortious in
nature.5
Aside from the general prohibitions on unfair and deceptive practices
and unfair methods of competition, the statute specifies only a few acts
and practices constituting per se violations of the CPA. Those actions
involve the sale or advertising of self-testing kits designed to detect human
immunodeficiency virus or related disorders,6 the maintenance of
information by consumer reporting agencies concerning criminal charges
not resulting in a conviction,7 and the offering of a rebate or discount
contingent on the referral of other prospective customers.8
1. KY. REV. STAT. ANN. §§ 367.110 to 367.300.
2. Id. §§ 367.170(1), 367.175(1)-(2).
3. Id. § 367.110(2).
4. Barnett v. Mercy Health Partners-Lourdes, 233 S.W.3d 723, 730-31 (Ky.
Ct. App. 2007). The court distinguished between acts not covered by the
CPA, such as providing treatment that was below the standard of care, and
those that are covered, such as advertising for a particular procedure while
failing to advise the patient of the risks or alternatives, entering into a
financial agreement that would increase profits to the detriment of the
patient, or advertising services at one rate and charging another. Id.
2019).
6. KY. REV. STAT. ANN. § 367.175(3).
7. Id. § 367.310.
8. Id. § 367.350.
