(1) 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 under the Rules of Civil Procedure in the Circuit Court in which
the seller or lessor resides or has his principal place of business or is doing business,
or in the Circuit Court in which the purchaser or lessee of goods or services resides,
or where the transaction in question occurred, to recover actual damages. The court may, in its discretion, award actual damages and may provide such equitable
relief as it deems necessary or proper. Nothing in this subsection shall be construed to limit a person's right to seek
punitive damages where appropriate.
(2) Upon commencement of any action brought under subsection (1) of this section,
the clerk of the court shall mail a copy of the complaint or other initial pleading
to the Attorney General and, upon entry of any judgment or decree in the action, shall
mail a copy of such judgment or decree to the Attorney General.
(3) In any action brought by a person under this section, the court may award, to
the prevailing party, in addition to the relief provided in this section, reasonable
attorney's fees and costs.
(4) Any permanent injunction, judgment or order of the court made under KRS 367.190 shall be prima facie evidence in an action brought under this section that the respondent
used or employed a method, act or practice declared unlawful by KRS 367.170.
(5) Any person bringing an action under this section must bring such action 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.
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