KRS § 367.46981
§ 367.46981. Bond required for telemarketing companies -- Notification to Attorney General of promotion
offering premium
(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 to be paid under the terms of any order of a court of competent jurisdiction obtained by the
Attorney General, as a result of any violation of KRS 367.46951 to 367.46999. A copy of the bond shall be
filed with the division.
(2)
At least ten (10) days prior to the inception of any promotion offering a premium with an actual market
value or advertised value of five hundred dollars ($ 500) or more, the telemarketing company shall notify the
Attorney General in writing of the details of the promotion, describing the premium and its current market
value, the value at which it is advertised or held out to the customer, the date the premium shall be awarded,
and the conditions under which the award shall be made. The telemarketing company shall maintain an additional
bond for the greater of the current total market value or the advertised value of the premiums held out or
advertised to be available to a purchaser or recipient. A copy of the bond shall be filed with the division.
The bond, or a portion of it necessary to cover the cost of the award, shall be forfeited if the premium is
not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or the
time otherwise required by law. The proceeds of the bond shall be paid to any person suffering injury or loss
by reason of any violation of KRS 367.46951 to 367.46999 or shall be paid pursuant to the terms of any order
of a court of competent jurisdiction obtained by the Attorney General, Commonwealth's attorney, or county
attorney as a result of any violation of KRS 367.46951 to 367.46999. The bond shall be maintained until the
telemarketing company files with the Attorney General proof that the premium was awarded.