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About Kentucky's No Call Law

Kentucky's Telemarketing No Call law is located in the Kentucky Revised Statutes (KRS) 367.46951 to 367.46999. Administrative regulations relating to the No Call law can are listed in the sidebar.

The law provides, among other things, that any telemarketing company merchant that makes telephone solicitations is prohibited from calling persons whose home or wireless number is on the Kentucky No Call list, unless an exception applies.

As of 2007, telemarketers should contact the National Do Not Call Registry to obtain the Kentucky Do Not Call List. The first five (5) area codes are free, so there is no cost for downloading Kentucky's Do Not Call List for all Kentucky area codes.

The law also requires that telemarketing companies register annually with the Office of the Kentucky Attorney General.
 

Requirements for use of 'Automated Calling Equipment' in Kentucky

What is "Automated Calling Equipment"?

"Automated Calling Equipment" is defined in KRS 367.461, and 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.

What are the requirements for use of "Automated Calling Equipment" in Kentucky?

KRS 367.469 provides that prior to using "Automated Calling Equipment" to call telephone numbers in the Commonwealth of Kentucky, a person or company is required to file an Application for Automated Calling Equipment Permit and a $10,000 surety bond with the Office of Attorney General, unless covered by one (1) of the exceptions in KRS 367.461(3).

No person is permitted to use "Automated Calling Equipment" for conducting polls, for soliciting information, or for advertising goods, services, or property unless the conditions set forth in KRS 367.461(2), (a)-(f) are met.

What are the penalties for failing to comply with the automated calling equipment permit and $10,000 surety bond requirements provided in KRS 367.469?

The Attorney General may recover a $2000 civil penalty per violation.
 

Frequently Asked Questions

Contact Information

Office of the Attorney General
ATTN: No Call
1024 Capital Center Drive, Suite 200
Frankfort, Kentucky 40601
 

Administrative Regulations

40 KAR 2:001: Definitions

40 KAR 2:040: Issuance of permit to use automated calling equipment

40 KAR 2:070: Procedure for registration of telemarketing companies

40 KAR 2:076: Complaint procedure for telephone solicitations
 

Annual Registration

Since 2002, at least ten (10) days prior to doing business in Kentucky, a "telemarketing company" is required to file a completed Registration Statement, a surety bond in the amount of $50,000.00, and a registration fee of $300.00. The "telemarketing company" registration is valid for one (1) year from the registration date and may be renewed annually by filing a new registration statement, bond, and paying a filing fee of $50.00.

TS-1 Registration Statement

TS-2 Consent for Service

TS-3 (No longer in use)

TS-4 Surety Bond for Telephone Solicitation Merchant

TS-5 Premium Surety Bond (if applicable)

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