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Can I ignore consumer requests for information or deletion in Kentucky? What are the requirements?
Based on the context documents provided, Kentucky law requires that consumer requests for information or deletion must be honored by businesses.
Consumer Requests for Information
Under KYRS 367.240, the Attorney General may demand information or evidence from any person believed to have information relevant to an alleged or suspected violation of Kentucky consumer protection laws. This suggests that businesses must comply with requests for information from the Attorney General, and by extension, from consumers.
Consumer Requests for Deletion
Kentucky law does not explicitly address consumer requests for deletion of personal information held by businesses. However, KYRS 367.310 prohibits consumer reporting agencies from maintaining information in their files relating to any charge in a criminal case, unless the charge has resulted in a conviction. This suggests that businesses may be required to delete information related to charges that did not result in a conviction.
Additionally, KYRS 367.46957 states that a contract or agreement made as a result of a telephone solicitation violating Kentucky consumer protection laws is voidable by the consumer for any reason at any time and shall not be enforced against the consumer. KYRS 367.46961 further specifies that a consumer may cancel a contract made as a result of a telephone solicitation and obtain a full refund of all money paid, by returning the goods, if any, undamaged and unused, or canceling services within fourteen calendar days following receipt of the goods or services. This suggests that businesses must honor consumer requests to cancel contracts made as a result of telephone solicitations.
In summary, Kentucky law requires that businesses honor consumer requests for information and cancellation of contracts made as a result of telephone solicitations. While the law does not explicitly address consumer requests for deletion of personal information, businesses may be required to delete information related to charges that did not result in a conviction.
[1.1][2.1][1.2][1.3][1.4][1.5][2.2][1.6][2.3]
Source(s):
- [1.1] Membership contract requirements – Disclosure of cancellation rights.
- [2.1] Complaint procedure for telephone solicitations. [Current]
- [1.2] Consumer reporting agency records restriction.
- [1.3] Investigation – Demand for information or evidence.
- [1.4] Contract or agreement voidable by consumer if resulting from nonconforming telephone solicitation.
- [1.5] Cancellation of contract not reduced to writing – Exception.
- [2.2] Section 1.
- [1.6] Member’s cancellation rights.
- [2.3] Section 2.
Jurisdiction
Kentucky