United States of America: Bill amending Kentucky Consumer Privacy Act (HB 633) including fair marketing and advertising practices for covered minors was introduced to House of Representatives

On 11 February 2026, the Bill amending the Kentucky Consumer Privacy Act (KRS 367.3611 to 367.3629) (HB 633) was introduced to the Kentucky House of Representatives. The Bill applies to covered online services that conduct business in Kentucky, determine the purposes and means of processing consumers' personal data, and annually process personal data of at least 100'000 consumers or derive at least 50% of annual gross revenue from the sale or sharing of personal data. It defines covered minors as users that a covered online service knows or should have known, based on objective knowledge or circumstances, to be under 18 years. The Bill prohibits covered online services from facilitating advertising of prohibited products, including narcotic drugs, tobacco products, gambling, and alcohol, to covered minors. It prohibits covered online services from facilitating targeted advertising to a covered minor. The Bill defines targeted advertising as displaying advertisements to a consumer where the advertisement is selected based on personal data obtained or inferred from that consumer's activities over time and across nonaffiliated websites or online applications to predict that consumer's preferences or interests. It prohibits covered online services from using dark patterns directed at a covered minor. The Bill defines dark pattern as a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decision making, or choice, including any practice determined to be an unfair or deceptive act or practice by the Federal Trade Commission under 15 U.S.C. sec. 45, as of 1 January 2024. It prohibits covered online services from requesting or prompting a covered minor to make settings less protective, unless strictly necessary for the covered minor to access a service that the minor has expressly requested. The Bill prohibits notifications and push alerts to a covered minor between 10 p.m. and 6 a.m., and between 8 a.m. and 4 p.m. on weekdays from 1 August to 31 May.