Chapter 50, UNFAIR TRADE AND CONSUMER PROTECTION

50-6,139b. Requirements for holders of personal information. (a) As used in this section: (1) "Holder of personal information" or "holder" means a person who, in the ordinary course of business, collects, maintains or possesses, or causes to be collected, maintained or possessed,…

50-6,140. Bad faith assertion of patent infringement; unconscionable act or practice. (a) As used in this section: (1) "Person" means an individual, corporation, limited liability company, general partnership, limited partnership, firm, company, voluntary association and other as…

50-6,141. Unlicensed conduct as a bail enforcement agent; penalties. (a) The unlicensed conduct as a bail enforcement agent prohibited by this act* and K.S.A. 22-2809a, and amendments thereto, constitutes an unconscionable act or practice in violation of K.S.A. 50-627, and amendm…

50-6,142. Unauthorized practice of law; penalties. (a) A person who is not licensed or otherwise authorized by the Kansas supreme court to practice law in this state shall not do any of the following: (1) Commit any act or omission that is prohibited by the Kansas supreme court, …

50-6,143. Residential real estate insurance policy; assignment of rights or benefits to contractor. (a) As used in this section: (1) "Assignment" means a post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring…

50-6,144. Legal advertisements, requirements and limitations; violation, unlawful and deceptive trade practice; definitions; supreme court authority to regulate the practice of law not affected. (a) A person engaging in legal advertisement within this state shall: (1) Disclose th…

50-6,145. Soliciting for legal services, restrictions related to protected health information; violation, unlawful and deceptive trade practice; criminal penalty; supreme court authority to regulate the practice of law not affected. (a) A person shall not use, cause to be used, o…

50-6,146. Distribution of material that is harmful to minors; age verification required, when; violation, unconscionable act and practice; penalties; private cause of action; definitions. (a) Any commercial entity that knowingly shares or distributes material that is harmful to m…

50-6,147. Distributed energy retailers; required disclosures to customers; violations; civil action; civil penalty. (a) As used in K.S.A. 50-6,147 through 50-6,149, and amendments thereto: (1) "Distributed energy customer" means a property owner of a single-family dwelling or mul…

50-6,148. Required disclosures to distributed energy retailers by electric public utilities. (a) To allow a distributed energy retailer to provide informed and accurate information to a distributed energy customer pursuant to K.S.A. 50-6,147, and amendments thereto, upon request …

50-6,149. Standard disclosure form for distributed energy retailers; advisory group; appointment by attorney general; deadline. (a) The attorney general shall appoint and convene an advisory group to collectively develop, approve and periodically revise a standard form that may b…

50-6,150. Soliciting fees for filing or retrieving certain documents from governmental entities; requirements and notices; violation constitutes a deceptive act or practice. (a) This section applies to any person other than the federal government, the state, a state agency or a l…

50-617. Receipt of unsolicited goods, wares or merchandise deemed gift, when; negative option invitation or announcement; defense in action for return; deceptive act or practice. (a) Whenever any supplier shall, in any manner, or by any means, deliver property or services not aff…

50-618. Unsolicited credit cards; rights of recipient when card lost or stolen. Whenever any person, firm, partnership, association, corporation or other business organization, or any agent thereof, shall voluntarily issue or cause to be issued a financial card, as defined in K.S…

50-619. Definitions. As used in this act, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them herein: (a) "Junk dealer" means any person engaged in the business of buying, selling and dealing in junk, or any…

50-620. Prohibited acts; certain information as to ownership of junk required; register. It shall be unlawful for any person to sell any item or items of junk to a junk dealer in this state unless such person shall present to said junk dealer, at the time of sale, information as …

50-621. Junk dealers prohibited from purchasing items of junk without receiving from seller information as to ownership; record of ownership. It shall be unlawful for any such junk dealer to purchase any item or items of junk after the effective date of this act without demanding…

50-622. Penalty. Any person violating the provisions of this act shall be guilty of a Class C misdemeanor. History: L. 1971, ch. 225, § 4; July 1.

50-623. Kansas consumer protection act; purpose; construction. This act shall be construed liberally to promote the following policies: (a) To simplify, clarify and modernize the law governing consumer transactions; (b) to protect consumers from suppliers who commit deceptive and…

50-624. Definitions. As used in this act: (a) "Agricultural purpose" means a purpose related to the production, harvest, exhibition, marketing, transportation, processing or manufacture of agricultural products by a consumer who cultivates, plants, propagates or nurtures the agri…

50-625. Waiver; agreement to forego rights; settlement of claims. (a) Except as otherwise provided in this act, a consumer may not waive or agree to forego rights or benefits under this act. (b) A claim, whether or not disputed, by or against a consumer may be settled for less va…

50-626. Deceptive acts and practices. (a) No supplier shall engage in any deceptive act or practice in connection with a consumer transaction. (b) Deceptive acts and practices include, but are not limited to, the following, each of which is hereby declared to be a violation of th…

50-627. Unconscionable acts and practices. (a) No supplier shall engage in any unconscionable act or practice in connection with a consumer transaction. An unconscionable act or practice violates this act whether it occurs before, during or after the transaction. (b) The unconsci…

50-628. Duties of the attorney general. (a) The attorney general shall: (1) Enforce this act throughout the state; (2) cooperate with state and local officials, officials of other states and officials of the federal government in the administration of comparable statutes; (3) mai…

50-629. General powers of the attorney general. The attorney general may conduct research, hold public hearings, make inquiries and publish studies relating to consumer sales acts or practices. History: L. 1973, ch. 217, § 7; January 1, 1974. KANSAS COMMENT, 1973 This section ill…

50-630. Rule-making requirements. (a) The attorney general may: (1) Adopt as a rule a description of the organization of his or her office stating the general course and method of operation of the office and methods whereby the public may obtain information or make submissions or…

50-631. Investigation of violations; remedies. (a) If, by the attorney general's own inquiries or as a result of complaints, the attorney general has reason to believe that a supplier has engaged in, is engaging in or is about to engage in an act or practice that violates this ac…

50-632. Remedies of the attorney general or any county or district attorney; procedure for sequestration. (a) The attorney general or any county or district attorney may bring an action: (1) To obtain a declaratory judgment that an act or practice violates this act; (2) to enjoin…

50-633. Coordination with other supervision. (a) If the attorney general receives a complaint or other information relating to noncompliance with this act by a supplier who is subject to other supervision in this state, the attorney general shall inform the official or agency hav…

50-634. Private remedies. (a) Whether a consumer seeks or is entitled to damages or otherwise has an adequate remedy at law or in equity, a consumer aggrieved by an alleged violation of this act may bring an action to: (1) Obtain a declaratory judgment that an act or practice vio…

50-635. Application of act. (a) The Kansas consumer protection act does not apply to a publisher, broadcaster, printer or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter so far as the information or matter has been disse…

50-636. Civil penalties. (a) The commission of any act or practice declared to be a violation of this act shall render the violator liable to the aggrieved consumer, or the state or a county as provided in subsection (c), for the payment of a civil penalty, recoverable in an indi…

50-637. Powers of receiver; effect of receivership. (a) When a receiver is appointed by the court pursuant to this act, the receiver shall have the power to sue for, collect, receive and take into the receiver's possession all the property and chattels, rights and credits, moneys…

50-638. Jurisdiction and venue. (a) Jurisdiction. Any supplier, whether or not a resident or citizen of this state, who in person or through an agent or an instrumentality, engages in a consumer transaction in this state, thereby submits the supplier to the jurisdiction of the co…

50-639. Disclaimer or limitation of warranties; liabilities; attorney fees, when; section inapplicable to seed for planting, livestock for agricultural purposes or disposal of surplus property by a governmental entity. (a) Notwithstanding any other provisions of law, with respect…

50-640. Door-to-door sales; cancellation; required disclosures; notice of cancellation; definition. (a) Except as provided in subsection (c)(1)(C), in addition to any right otherwise to revoke, a consumer has the right to cancel a door-to-door sale made within this state until mi…

50-640a. Individuals prohibited from engaging in door-to-door sales. The attorney general may post conspicuously on an official and publicly available website of the office of the attorney general any judgment or order that restrains, enjoins or otherwise prohibits a person from …

50-642. Citation of act. This act may be cited as the Kansas consumer protection act. History: L. 1973, ch. 217, § 20; January 1, 1974.

50-643. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to…

50-644. Thermal insulation, flame spread standards. (a) No person shall manufacture, distribute, offer for sale, sell or install any thermal insulation in this state unless such insulation has been tested in accordance with the American Society for Testing and Materials Standard …

50-645. Motor vehicle warranties; definitions; consumer rights and remedies; enforcement by attorney general. (a) As used in this act: (1) "Consumer" means the original purchaser or lessee, other than for purposes of resale, of a motor vehicle; and (2) "motor vehicle" means a new…

50-646. Other remedies. Nothing in this act shall in any way limit or affect the rights or remedies which are otherwise available to a consumer under the uniform consumer credit code, or to any person under the uniform commercial code, or to any person under this or any other law…

50-647. Odometer fraud; civil remedies; definitions. As used in K.S.A. 50-647 through 50-653: (a) "Supplier" means: (1) A licensed motor vehicle dealer; (2) any person or business which purchases, sells or exchanges five or more motor vehicles in any one calendar year; or (3) any…

50-648. Purchase of motor vehicle voided; consumer remedies. (a) Any consumer who has purchased a motor vehicle from a supplier and who proves: (1) That any of the acts declared to be a violation of K.S.A. 21-5835, and amendments thereto, have taken place; and (2) that the mileag…

50-649. Odometer fraud; enforcement by attorney general. The attorney general shall enforce K.S.A. 50-647 through 50-653 throughout the state. History: L. 1988, ch. 211, § 4; July 1.

50-650. Odometer fraud; purchase of motor vehicle not voided; consumer remedies. (a) If the purchase of a motor vehicle is not voided under subsection (a) of K.S.A. 50-648, the consumer may recover in a private right of action the civil penalties in K.S.A. 50-651. (b) The consume…

50-651. Civil penalty. (a) The commission of any act or practice declared to be a violation of K.S.A. 21-5835, and amendments thereto, or K.S.A. 50-653, and amendments thereto, shall make the violator liable to the aggrieved consumer, or to the state, for the payment of a civil p…

50-652. Odometer statement required; exceptions. A completed odometer statement shall be a required document for application for a title for a motor vehicle, except for motor vehicles which are 10 model years or older and trucks with a gross vehicle weight of more than 16,000 pou…

50-653. Title search disclosure; supplier no liability if disclosed. A supplier as defined herein shall disclose in writing to the purchaser of a motor vehicle at or before the time of entering into the purchase agreement whether the supplier has or has not performed a title sear…

50-653a. Odometer fraud; attorney general investigations of violations; subpoena power. (a) If, by the attorney general's own inquiries or as a result of complaints, the attorney general has reason to believe that a person has engaged in, is engaging in or is about to engage in a…