Privacy Law Library

Kentucky Telephone Solicitation (Telemarketing) Law

KY Telemarketing Act

Marketing · Communications

Regulates telephone solicitation in Kentucky: callers must identify themselves at the start of the call, may not call numbers on the national Do Not Call Registry, may not call minors or outside 10 a.m. to 9 p.m., may not spoof caller ID, and may not sell information learned during a call without written consent. Telemarketing companies must register with the Attorney General and post a bond. Kentucky's former zero call list was folded into the national registry in 2007.

Where
Kentucky
Citation
KRS 367.46951 to 367.46999 (created 1994 Ky. Acts chs. 302 and 463; amended through 2019 Ky. Acts ch. 105)
Status
In force
In force since
1994-07-15
Last amended
2019-06-27
Enforced by
Kentucky Attorney General (Office of Consumer Protection) with concurrent criminal enforcement powers; prosecutors
People can sue
Limited
Penalties
Knowing violations and fraudulent sales practices are Class D felonies; violations of KRS 367.46955(7)-(16) (including Do Not Call, calling hours, spoofing, and repeat calls) are a Class B misdemeanor (up to $500) for a first offense and a Class A misdemeanor (up to $5,000) thereafter. Caller-ID spoofing victims may sue for injunctive relief, actual damages, expenses and fees, and punitive damages.
Applies to
  • Merchants, telemarketers, telemarketing companies, salespersons, agents, and independent contractors making telephone solicitations to persons in Kentucky, including via VoIP
  • Telemarketing companies soliciting from or into Kentucky (registration duty)

What a privacy notice must say

  • At the start of the call state the caller's name, merchant's legal name, a contact number or address, and the caller's city and state; within 30 seconds identify what is being offered and ask if the consumer wants to hear a presentation; stop if the answer is no.KRS 367.46953

Practices it requires

  • Do not call residences outside 10 a.m. to 9 p.m. local time, solicit anyone under 18 (and ask the person's age), let the phone ring more than 30 seconds, or harass or threaten.KRS 367.46955(8), (11)-(13), (16)
  • Do not transmit misleading caller identification information or otherwise misrepresent the call's origin (carrier and substituted-seller-number exceptions apply).KRS 367.46955(9)
  • Do not sell or make available for economic gain any information revealed during a telephone solicitation without the consumer's express written consent.KRS 367.46955(17)
  • Do not use an artificial or prerecorded voice to deliver a message to a residential telephone without prior express consent, except school emergency calls.KRS 367.46955(18)
  • Do not make unsolicited calls to residential numbers on the national Do Not Call Registry, or to anyone who has told the seller they do not want its calls.KRS 367.46955(14)-(15)

Registration

  • Telemarketing companies must register with the Attorney General at least 10 days before doing business in Kentucky ($300 fee, $50 annual renewal) and file addenda within 10 days of material changes.KRS 367.46971

Other duties

  • Zero call list database information may be used only to administer the program; zero-call-list numbers were transferred to the national Do Not Call Registry.KRS 367.46994(1)-(3)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The bond requirement in KRS 367.46981 was taken from the chapter index title only; the section text was not fetched. | Definitions in KRS 367.46951 (including exemptions for certain callers) were not fetched.

Research reference, not legal advice.