Chapter 50 — UNFAIR TRADE AND CONSUMER PROTECTION

50-146. History: L. 1909, ch. 261, § 2; R.S. 1923, 50-146; Repealed, L. 2000, ch. 136, § 28; July 1. CASE ANNOTATIONS 1. Action hereunder; testimony taken at inquisition not taken in violation of constitutional rights nor unlawfully. State, ex rel., v. American Oil Co., 202 Kan. …

50-147. Rights and remedies cumulative. The rights and remedies given by this act shall be construed as cumulative of all other laws in force in this state, and shall not affect, change or repeal any other remedies or rights now existing in this state for the enforcement, payment…

50-148. Trade and person defined. As used in this act: (a) "Trade" means the business of buying or selling any commodity of general use within the state; and (b) "person" or "persons" includes individuals, corporations, limited liability companies, general partnerships, limited p…

50-149. Unfair discriminations. Any person, foreign or domestic, doing business in the state of Kansas, and engaged in the production, manufacture, distribution, sale or purchase of any commodity in general use, that shall intentionally for the purpose of destroying competition, …

50-153. Attorney general powers and duties; enforcement of act. (a) Whenever the attorney general has reason to believe that any provision of this act has been violated or that any announced conduct of two or more business entities, announced by an authorized agent of one such bu…

50-157. Acts done under certain federal laws, codes or regulations. In any action or proceeding for violation of the antitrust, discrimination in restraint of trade or unfair competition laws of this state, proof that the act complained of was done in compliance with the provisio…

50-158. Citation of act. The provisions of K.S.A. 50-101 through 50-162 and 50-163, and amendments thereto, may be cited as the Kansas restraint of trade act. History: L. 2000, ch. 136, § 1; L. 2013, ch. 102, § 4; April 18. Previous | Next LEGISLATIVE COORDINATING COUNCIL General…

50-159. Powers and duties of the attorney general. The attorney general may conduct research, hold public hearings, make inquiries and publish studies relating to antitrust, monopolies, combinations and other subjects relating to restraint of trade. History: L. 2000, ch. 136, § 2…

50-160. Penalties for violations of act. (a) The commission of any act or practice declared to be a violation of the Kansas restraint of trade act shall render the violator liable to the state for the payment of a civil penalty in a sum set by the court of not less than $100 nor …

50-161. Damages for violation of act; procedure. (a) As used in this section, the term "person" means any individual, corporation, partnership, firm, company or other association of persons, and such term shall include the state of Kansas and any of its political subdivisions. (b…

50-162. Attorney general to bring action; when. Whenever it appears to the attorney general that the state of Kansas or any city, town, political subdivision or other governmental agency, body or authority established under the laws of the state of Kansas has been so injured or d…

50-163. Construing and applying act; modification of covenants in certain circumstances; harmonization with federal law; reasonable restraint of trade or commerce. (a) The purpose of this section, and the amendments to K.S.A. 50-101, 50-112, 50-158 and 50-161 by chapter 102 of th…

50-164. Retroactive application of certain amendments. K.S.A. 50-163 and the amendments to K.S.A. 50-101 and 50-112 by this act* shall be applied retroactively to any choses in action or defenses premised on any provision of the Kansas restraint of trade act amended or repealed b…

50-201. Sale of news without discrimination. Every person, firm, corporation or association engaged in the business of gathering, collecting, selling and transmitting news and news reports for newspaper use shall furnish and sell such news and news reports to every person, firm o…

50-202. Unlawful refusal to furnish news reports. It shall be unlawful for any person, firm, corporation or association engaged in the business of gathering and collecting news and news reports to refuse to furnish the regular system of news reports as established by such press a…

50-203. Violators not permitted to use facilities for transmission of news. No person, firm, corporation or association that violates any of the provisions of this act shall be permitted by any telegraph or telephone company in the state of Kansas to use its wires or facilities f…

50-204. Transmission service to be discontinued upon violation of act; procedure. If any person, firm, corporation or association engaged in the business of gathering news as aforesaid, shall violate the provisions of this act, upon complaint thereof by any person, firm, or corpo…

50-205. Injunction proceedings where companies fail to discontinue service. If such telegraph and telephone companies fail to discontinue service under the terms of said notice within thirty days from the receipt of said notice, it shall be the duty of the attorney general to com…

50-206. Penalty for violating K.S.A. 50-201 through 50-206; forfeiture of charter. Any telegraph or telephone company doing business in this state, or any person, firm, or corporation or association which shall violate the terms of this act, shall upon conviction thereof be fined…

[Repealed or reserved.]

50-401. History: L. 1941, ch. 277, § 1; L. 1949, ch. 304, § 1; Repealed, L. 1961, ch. 263, § 1; June 30. CASE ANNOTATIONS 1. Subsection (e) held invalid; indefinite and uncertain; arbitrary; unreasonable. Subsections (a) and (b) not arbitrary, discriminatory, etc.; apply uniforml…

50-402. History: L. 1941, ch. 277, § 2; Repealed, L. 1961, ch. 263, § 1; June 30. CASE ANNOTATIONS 1. Injunction proceeding hereunder is civil suit; petition, sufficiency, how determined. State, ex rel., v. Fleming Co., 164 Kan. 723, 725, 727, 730, 192 P.2d 207. 2. Sales below co…

50-403. History: L. 1941, ch. 277, § 3; Repealed, L. 1961, ch. 263, § 1; June 30. CASE ANNOTATIONS 1. Injunction proceeding hereunder is civil suit; petition, sufficiency, how determined. State, ex rel., v. Fleming Co., 164 Kan. 723, 725, 727, 192 P.2d 207. 2. Sales below cost to…

50-404. History: L. 1941, ch. 277, § 4; Repealed, L. 1961, ch. 263, § 1; June 30. CASE ANNOTATIONS 1. Injunction proceeding hereunder is civil suit; petition, sufficiency, how determined. State, ex rel., v. Fleming Co., 164 Kan. 723, 724, 727, 728, 729, 192 P.2d 207. 2. Sales bel…

50-405. History: L. 1941, ch. 277, § 5; Repealed, L. 1961, ch. 263, § 1; June 30. CASE ANNOTATIONS 1. Sales below cost to meet competitor's price upheld; injunction denied; evidence. State v. Commercial Candy Co., 166 Kan. 432, 433, 434, 436, 437, 201 P.2d 1034. 2. Entire act hel…

50-406. History: L. 1941, ch. 277, § 6; Repealed, L. 1961, ch. 263, § 1; June 30. CASE ANNOTATIONS 1. Injunction proceeding hereunder is civil suit; petition, sufficiency, how determined. State, ex rel., v. Fleming Co., 164 Kan. 723, 728, 192 P.2d 207. Previous | Next LEGISLATIVE…

50-407. History: L. 1941, ch. 277, § 7; Repealed, L. 1961, ch. 263, § 1; June 30. CASE ANNOTATIONS 1. Entire act held unconstitutional and void; exemption of grain and feed dealers unconstitutional. State, ex rel., v. Consumers Warehouse Market, 185 Kan. 363, 364, 367, 368, 372, …

50-408. History: L. 1941, ch. 277, § 8; Repealed, L. 1961, ch. 263, § 1; June 30. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

50-501. Certain trade practices detrimental to public health and welfare. The practices being conducted by many dairy processors, wholesalers, and distributors in Kansas of selling below cost and in the subsidization of retail dealers through secret discounts, gifts, loans and ot…

50-502. Definitions. (a) The term "dairy products" shall include milk, milk without butterfat, cream, combinations of milk and cream, evaporated milk, condensed milk, flavored milk, milk drinks, buttermilk, cottage cheese, butter, ice milk as defined in K.S.A. 65-771, and amendme…

50-503. Unlawful acts. It shall be unlawful for any person engaged in business as a wholesaler, processor, or distributor, individually or through or by affiliates, subsidiaries, associates, agents or stockholders, directly or indirectly, to do or cause to be done any of the foll…

50-504. Criminal penalties for violations of act. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor. Each day during which, and each point at which a violation exists or continues shall constitute a separate offense. Upon conviction a…

50-505. Injunction actions by attorney general or county attorney; costs and attorney fees; damages. In addition to the penalties provided in this act, violations or threatened violations hereof may be enjoined. It shall be the duty of the attorney general or the appropriate coun…

50-506. Prosecution of actions by trade association, when. Any duly organized and existing trade association whether incorporated or not, is hereby authorized to institute and prosecute a suit or suits for injunctive relief and costs, provided by this act, as the real party in in…

50-507. Testimony and records; immunity from proceedings, when. Any defendant or any witness in any civil action brought under the provisions of this act may be required to testify, and any defendant or any witness may, upon proper process, be compelled to produce his or her book…

50-508. Violation deemed unfair trade. Violations of this act are hereby declared to be included in the term "unfair trade" as used in K.S.A. 50-153. History: L. 1957, ch. 309, § 8; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Docume…

50-509. Act supplemental to other laws. Nothing in this act shall be construed as repealing any other laws in force in this state and the prohibitions and remedies provided in this act shall be cumulative to all other prohibitions and remedies now provided by law. History: L. 195…

50-510. Severability. The provisions of this act shall apply to the business of dealing in dairy products only, and if any section, sentence, subdivision or clause herein shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity …

50-6,100. Arbitration of disputes. (a) Each consumer shall have the option of submitting any dispute arising under this act to arbitration. Upon application of the consumer all manufacturers shall submit to such arbitration. (b) Such arbitration shall be conducted in accordance w…

50-6,101. Rights or remedies of consumer not limited; waiver by consumer of rights void; action to recover damages. (a) This act shall not be construed to limit rights or remedies available to a consumer under any other law. (b) Any waiver by a consumer of rights under this act i…

50-6,102. Act part of and supplemental to Kansas consumer protection act; deceptive practices; enforcement by attorney general; other rights and remedies not limited. (a) This act shall be part of and supplemental to the Kansas consumer protection act. (b) Any failure to comply w…

50-6,103. Telecommunications services; unauthorized change of provider or addition of services. (a) As used in this section: (1) "Express authorization" means an express, affirmative act by a consumer clearly agreeing to a change in the consumer's telecommunications carrier or lo…

50-6,104. Sale of cigarettes in violation of cigarette and tobacco products act. A violation of subsection (u), (v) or (w) of K.S.A. 79-3321 or K.S.A. 79-3395, and amendments thereto, shall constitute an unlawful trade practice as provided in K.S.A. 50-626, and amendments thereto…

50-6,105. Method of payment; express authorization required; when. (a) No supplier shall obtain or submit for payment, other than for the continuation of existing and recurrent services, services provided by a public utility as defined in K.S.A. 66-104, and amendments thereto, se…

50-6,106. Unconscionable acts; remedies. (a) It shall be an unconscionable act within the meaning of K.S.A. 50-627, and amendments thereto, for any supplier to profiteer from a disaster. (b) As used in this section: (1) "Profiteer from a disaster" means unjustifiably increasing d…

50-6,107. Commercial electronic mail act; definitions; consumer rights, requirements and prohibitions; private actions to seek relief; civil penalty; affirmative defense; unconscionable acts or practices. (a) This act shall be known as the commercial electronic mail act. (b) As u…

50-6,108. Gift certificates or gift cards; regulation of; exceptions; definitions. (a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or gift card to a purchaser containing an expiration date which is less than…

50-6,109. Scrap metal theft reduction act; definitions. (a) K.S.A. 50-6,109 through 50-6,112d, and amendments thereto, shall be known and may be cited as the scrap metal theft reduction act. (b) As used in the scrap metal theft reduction act: (1) "Scrap metal dealer" means any in…

50-6,109a. Implementation, administration and enforcement by attorney general and Kansas bureau of investigation; investigations of violations of act by law enforcement officers; rules and regulations; scrap metal theft reduction fee fund and scrap metal data repository fund; dat…

50-6,109b. Violations, powers of attorney general. (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 an act or practice that violates the s…