Chapter 50, UNFAIR TRADE AND CONSUMER PROTECTION

50-905. Inspection of places of business; access; reports of violations. (a) The secretary of agriculture shall provide, in conjunction with and in addition to the inspection program established under K.S.A. 65-6a30 and amendments thereto, for inspection of places of business of …

50-906. Remedies supplemental. The remedies provided in this act are in addition to and not in substitution for any other remedies provided by law. History: L. 1984, ch. 218, § 6; July 1.

50-1001. Definitions. As used in this act: (a) "Commissioner" refers to the securities commissioner appointed under K.S.A. 75-6301, and amendments thereto. (b) "Loan" means any agreement to advance money or property in return for the promise to make payments for the money or prop…

50-1002. Registration required. It shall be unlawful for any person to engage in the business of loan brokering unless registered under this act. History: L. 1988, ch. 328, § 2; July 1.

50-1003. Application for registration; contents; bond; issuance; effective date; consent to secretary of state as process agent. (a) In order to be registered under this act a loan broker shall file an application for registration with the commissioner. The application for regist…

50-1004. Renewal of registration; fee. (a) A loan broker may not continue engaging in the business of loan brokering unless the broker's registration is renewed annually. A loan broker shall renew the registration by filing with the commissioner, at least 30 days before the expir…

50-1005. Fees and funds; accounting and deposit in general fund. All fees and funds accruing from the administration of this act shall be accounted for by the commissioner and shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendm…

50-1006. Disclosure document to be provided by loan broker; when; contents; amendment of document; estimated disclosure documents and additional documents detailing specific loan information to be provided. (a) At least seven days before the time any person signs a contract for t…

50-1007. Contracts required to be in writing; retention of copy by borrowing party. To be enforceable, every contract for the services of a loan broker shall be in writing and signed by all contracting parties. The borrowing party shall retain a copy of the signed contract at the…

50-1008. Denial, suspension or revocation of registration; orders and hearing. (a) The commissioner may deny, suspend or revoke the registration of a loan broker if the loan broker: (1) Fails to maintain the bond required under K.S.A. 50-1003; (2) is insolvent; (3) has violated a…

50-1009. Powers of securities commissioner; enforcement of subpoenas; privilege against self-incrimination; certificate of compliance or noncompliance, admissibility in evidence. (a) The commissioner may do the following: (1) Adopt rules and regulations to implement this act; (2)…

50-1010. Certified copies of documents or records admissible in actions or proceedings under act. Copies of any statement or document filed with the commissioner, and copies of any records of the commissioner, certified to by the commissioner are admissible in any prosecution, ac…

50-1011. Violations; civil penalties, enforcement. (a) If the commissioner determines, after notice and opportunity for a hearing, that a person has violated this act, the commissioner may, in addition to all other remedies, impose a civil penalty upon the person in an amount not…

50-1012. Liability of loan broker to damaged parties; rights of prospective borrower. Any person who violates this act, in connection with a contract for the services of a loan broker, is liable to any person damaged by the violation, for the amount of the actual damages suffered…

50-1013. Violation of act or cease and desist order, penalties; prosecution. (a) Any person who willfully violates any provision of this act or knowingly violates any cease and desist order issued under this act commits a severity level 7, nonperson felony. Any violation of this …

50-1014. Rescission of contract under Truth-in-Lending Act; notice to creditor; timely return of consideration required; computation of time period for avoidance of contract. (a) If a transaction for which a loan broker has charged any fee or collected any costs is rescinded by a…

50-1015. Account numbers required to be assigned to agreements; loan brokers required to maintain certain records; period and manner of maintenance. (a) Each loan broker agreement shall be given an account number and all instruments taken in connection with that agreement must be…

50-1016. Persons exempt from registration and other duties under act; burden of proof thereof. (a) The following persons are exempt from the requirements of K.S.A. 50-1002, 50-1003, 50-1004, 50-1006, 50-1007, 50-1008, 50-1014 and 50-1015, and amendments thereto: (1) Any attorney …

50-1017. Prohibited acts. A loan broker shall not, in connection with an offer of or a contract for the services of a loan broker, either directly or indirectly, do any of the following: (1) Employ any device, scheme or artifice to defraud; (2) make any untrue statements of a mat…

50-1018. False or misleading filing or statement; penalty. It is unlawful for any person to make or cause to be made, in any document filed with the commissioner or in any proceeding under this act, any statement which is, at the time and in the light of the circumstances under w…

50-1116. Citation and scope of act. (a) K.S.A. 50-1116 through 50-1135, and amendments thereto, shall be known and may be cited as the Kansas credit services organization act. (b) Any individual licensed to practice law in this state acting within the course and scope of such ind…

50-1117. Definitions. Definitions as used in this act: (a) "Commissioner" means the state bank commissioner or designee, who shall be the deputy commissioner of the consumer and mortgage lending division of the office of the state bank commissioner. (b) "Consumer" means an indivi…

50-1118. Licensing required to conduct credit services organization business; application. (a) No person shall engage in, or hold such person out as willing to engage in any credit services organization business with a resident of this state without first obtaining licensing from…

50-1119. Bond; requirements. Each applicant or licensee shall file with the commissioner a surety bond in a form acceptable to the commissioner. The surety bond shall be issued by a surety or insurance company authorized to conduct business in this state, securing the applicant's…

50-1120. Duties of licensee. No person required to be licensed by this act shall engage in debt management services unless: (a) The licensee has provided the consumer with a credit education program designed to improve the financial literacy of the consumer. (b) The licensee has:…

50-1121. Prohibited acts. No person required to be licensed under this act shall: (a) Delay payment of a consumer's debt for the purpose of increasing interest, costs, fees or charges payable by the consumer. (b) Make any misrepresentation of any material fact or false promise to…

50-1122. Registrant's duties regarding certain funds paid to licensee. (a) Within four calendar days after receipt of any funds paid to the licensee by or on behalf of a consumer for disbursement to such consumer's creditors, a licensee shall deposit such funds in a trust account…

50-1123. Licensee's report to consumer; required contents. A licensee shall provide a report at least once every three months to each consumer who has entered into a debt management services agreement with the licensee. The report shall include the: (a) Total amount received from…

50-1124. Licensee's report to state bank commissioner; when required; contents; information confidential. (a) (1) On or before April 1, of each year, each licensee shall file with the commissioner an annual report relating to credit services organization business conducted by the…

50-1125. Records; retention; inspection. (a) Each licensee shall maintain and preserve complete and adequate business records including a general ledger containing all assets, liabilities, capital, income and expense accounts for a period of five years. (b) Each licensee shall ma…

50-1126. Fees charged by licensee; when allowed. (a) No licensee shall impose any fees or other charges on a consumer, or receive any funds or other payments from a consumer or another person on behalf of a consumer: (1) Except as provided in subsection (b)(5), until after the li…

50-1127. Denial, suspension, revocation or refusal to renew license; notice. The commissioner may deny, suspend, revoke or refuse to renew a license issued pursuant to this act, and amendments thereto, if the commissioner finds, after notice and opportunity for a hearing conducte…

50-1128. State bank commissioner; powers and duties; confidentiality of examination reports and material. This act shall be administered by the commissioner. In addition to other powers granted by this act, the commissioner, within the limitations provided by law, may exercise th…

50-1129. Cease and desist orders; civil fines. (a) If the commissioner determines after notice and opportunity for a hearing pursuant to the Kansas administrative procedure act that any person has engaged, is engaging or is about to engage in any act or practice constituting a vi…

50-1130. Subpoenas. (a) In case of contumacy by, or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the commissioner, may issue to that person an order requiring the person to appear before the commissioner, or the officer…

50-1131. Criminal penalty. Any person violating the provisions of this act or any rule and regulation promulgated thereunder upon conviction shall be guilty of a class B nonperson misdemeanor. History: L. 2004, ch. 22, § 16; July 1.

50-1132. Construction; application of consumer protection act. Any violation of this act or any rule and regulation promulgated thereunder is a deceptive act or practice under the Kansas consumer protection act. Any remedy provided by this act shall be construed to be in addition…

50-1133. Private remedies. (a) Any consumer injured by a violation of this act or any rule and regulation promulgated thereunder may bring an action for recovery of damages. The damages awarded may not be less than the amount paid by the consumer to the credit services organizati…

50-1134. Injunction. The commissioner, attorney general, county or district attorney or a consumer may bring an action in a district court to enjoin any violation of this act or any rule and regulation promulgated thereunder. History: L. 2004, ch. 22, § 19; July 1.

50-1135. Fees collected by commissioner. All fees collected by the commissioner pursuant to this act shall be subject to the provisions of K.S.A. 75-1308 and amendments thereto. History: L. 2004, ch. 22, § 20; July 1.

50-1201. Citation of act. K.S.A. 50-1201 through 50-1211, and amendments thereto, may be cited as the second amendment protection act. History: L. 2013, ch. 100, § 1; April 25. CASE ANNOTATIONS 1. Good faith reliance on the second amendment protection act was used in mitigating d…

50-1202. Legislative declaration. The legislature declares that the authority for K.S.A. 50-1201 through 50-1211, and amendments thereto, is the following: (a) The tenth amendment to the constitution of the United States guarantees to the states and their people all powers not gr…

50-1203. Definitions. As used in K.S.A. 50-1201 through 50-1211, and amendments thereto, the following definitions apply: (a) "Borders of Kansas" means the boundaries of Kansas described in the act for admission of Kansas into the union, 12 stat. 126, ch. 20, § 1. (b) "Firearms a…

50-1204. Personal firearms, accessories or ammunition manufactured in Kansas; exempt, interstate commerce. (a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is…

50-1205. Firearms manufactured in Kansas; stamped requirement. A firearm manufactured in Kansas within the meaning of K.S.A. 50-1201 through 50-1211, and amendments thereto, must have the words "Made in Kansas" clearly stamped on a central metallic part, such as the receiver or f…

50-1206. Certain federal laws made inapplicable; prohibition against enforcement. (a) Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceabl…

50-1207. Criminal penalty; certain actions of federal officials. It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States to enforce or attempt to enforce any …

50-1208. Kansas prosecutors; injunctive relief. A county or district attorney, or the attorney general, may seek injunctive relief in any court of competent jurisdiction to enjoin any official, agent or employee of the government of the United States or employee of a corporation …

50-1209. Firearms; exclusions. K.S.A. 50-1201 through 50-1211, and amendments thereto, do not apply to: (a) A firearm that cannot be carried and used by one person; (b) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves th…

50-1210. Application of act. K.S.A. 50-1201 through 50-1211, and amendments thereto, apply to firearms, firearms accessories and ammunition that are manufactured, as defined in K.S.A. 50-1203, and amendments thereto, owned and remain within the borders of Kansas on and after Octo…