Chapter 50, UNFAIR TRADE AND CONSUMER PROTECTION

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…

50-6,109c. Violations, civil penalty; appeal. (a) Any scrap metal dealer who violates any of the provisions of the scrap metal theft reduction act, in addition to any other penalty provided by law, may incur a civil penalty imposed pursuant to subsection (b) in an amount not less…

50-6,109d. Civil action by attorney general; penalty. (a) The attorney general may bring a civil action to: (1) Obtain a declaratory judgment that an act or practice violates the scrap metal theft reduction act; (2) enjoin, or to obtain a restraining order against any person who …

50-6,109e. Engaging in business, jurisdiction; administrative or civil action, venue. (a) Any person, whether or not a resident or citizen of this state, who in person or through an agent or an instrumentality, engages in business as a scrap metal dealer as defined in the scrap m…

50-6,109f. Regulation by municipality, limitations. (a) A municipality shall not enact or enforce any ordinance, resolution or regulation relating to the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act. (b) Any ordinance, re…

50-6,110. Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer's register; exceptions; rules and regulations. (a) It shall be unlawful for any person to sell any item or items of regulated scrap metal to a scrap metal de…

50-6,111. Unlawful acts by scrap metal dealer or employee or agent thereof; record of information required to be kept. (a) It shall be unlawful for any such scrap metal dealer, or employee or agent of the dealer, to purchase any item or items of regulated scrap metal in a transac…

50-6,112a. Scrap metal dealer registration; fees. (a) A scrap metal dealer shall not purchase any regulated scrap metal without having first registered each place of business with the attorney general as herein provided. (b) The attorney general shall establish a system for the p…

50-6,112b. Persons and business entities prohibited from registration. (a) After examining the information contained in a filing for a scrap metal dealer registration and determining the registration meets the statutory requirements for such registration, the attorney general sha…

50-6,112c. Suspension or revocation of registration; appeal. (a) The attorney general, upon five days notice to the persons holding a registration, may suspend the scrap metal dealer's registration for up to 30 days for any one of the following reasons: (1) The registrant has bee…

50-6,112d. Expiration of act. The provisions of the scrap metal theft reduction act shall expire on July 1, 2028. History: L. 2019, ch. 66, § 13; L. 2023, ch. 31, § 3; July 1.

50-6,113. Pest inspections relating to real estate transactions; certification required; deceptive act. (a) Any person performing inspections for evidence of wood destroying insects, at the request of a buyer, seller, real estate broker, real estate salesperson, relocation compan…

50-6,114. Vehicle protection products; definitions; not insurance. (a) As used in this section: (1) "Vehicle protection product" means a vehicle protection device, system or service that is: (A) Installed on or applied to a vehicle; (B) is designed to prevent loss or damage to a …

50-6,115. Incidental costs; conditions. (a) Incidental costs may be reimbursed under the provisions of the vehicle protection product warranty in either a fixed amount specified in the warranty or sales agreement or by the use of a formula itemizing specific incidental costs incu…

50-6,116. Citation of act; supplemental to Kansas consumer protection act. K.S.A. 50-6,116 through 50-6,120, and amendments thereto, shall be known and may be cited as the truth in musical performance advertising act. K.S.A. 50-6,116 through 50-6,120, and amendments thereto, shal…

50-6,117. Definitions. The following words and phrases when used in the truth in musical performance advertising act, shall have the meanings given to them in this section unless the context clearly indicates otherwise: (a) "Performing group" means a vocal or instrumental group s…

50-6,118. Unlawful advertising of a live musical performance; exceptions. It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive or misleading affiliation, connection or association …

50-6,119. Civil penalty. (a) Whenever the attorney general or a county or district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of K.S.A. 50-6,118, and amendme…

50-6,120. Affirmative defense. It shall be an affirmative defense to a violation of the truth in musical performance advertising act if the person described in K.S.A. 50-6,118, and amendments thereto, has a written contract with the performing or recording group, that states that…

50-6,121. Citation of act. K.S.A. 50-6,121 through 50-6,138, and amendments thereto, shall be known and may be cited as the Kansas roofing registration act. History: L. 2013, ch. 115, § 1; July 1.

50-6,122. Definitions. As used in K.S.A. 50-6,121 through 50-6,138, and amendments thereto: (a) (1) "Roofing contractor" means any person, including a subcontractor and nonresident contractor, who in the ordinary course of business: (A) Engages in the business of commercial or re…

50-6,123. Registration certificate required; penalties. (a) (1) No person shall engage in the business of or act in the capacity of a roofing contractor within this state without having a valid registration certificate as required by this act. (2) No person may bring or maintain …

50-6,124. Administration of act; rules and regulations. (a) Subject to appropriations for this act, the attorney general is authorized to administer and implement the provisions of this act. The attorney general may administer and implement any provision of this act through use o…

50-6,125. Registration application requirements; refusal to register; notification. (a) (1) To obtain a roofing contractor registration certificate under this act, an applicant who is at least 18 years of age shall submit an application under oath containing: (A) A statement of t…

50-6,126. Criminal history record inquiry. (a) There shall be a question on all application and renewal forms requiring the applicant to answer under oath whether or not the applicant has been convicted of a felony offense in this state, another state, or any other place, and the…

50-6,127. Duties of roofing contractor. The holder of a roofing contractor registration certificate may engage in the roofing business within this state pursuant to the provisions of this act, and subject to the following limitations: (a) A roofing contractor's registration certi…

50-6,128. Fees; roofing contractor registration fund. (a) At the time of making application for a roofing contractor registration certificate pursuant to this act, the applicant shall pay to the attorney general a fee to be set by the attorney general, which shall not exceed $500…

50-6,129. Exemptions. (a) The roofing contractor registration act shall not apply to: (1) An actual owner of commercial, residential or farm property who physically performs, or has employees who perform, roofing services including, construction, installation, renovation, repair,…

50-6,130. Application for registration, time limit for processing. Within 60 calendar days from the date of application, the attorney general shall either issue or deny the roofing contractor registration certificate. No registration certificate shall be issued to an applicant un…

50-6,131. Notification of attorney general required, when; fees. Not later than 10 days after the date of a change in a roofing contractor's name, address or legal service agent, or upon a registered roofing contractor's ceasing business as a roofing contractor, the person shall …

50-6,132. Roofing contractor registration certificate renewal; reinstatement fee. (a) (1) Any roofing contractor registration certificate issued under this act may be renewed for each successive fiscal year by obtaining from the attorney general a certificate of renewal. To obtai…

50-6,133. Violations; complaints; investigations; subpoenas. (a) No roofing contractor or any person providing services as a roofing contractor shall: (1) Abandon a roofing contract without legal grounds after a deposit of money or other consideration has been paid; (2) divert an…

50-6,134. Nonresident roofing contractor registration requirements; agent for service of process. (a) (1) Every applicant for a roofing contractor's registration certificate who is a nonresident contractor, may apply for a registration certificate by signing and filing the applic…

50-6,135. Disclosure of roofing contractor's registration certificate number. (a) When applying for any permit required by the state or any of its political subdivisions for roofing services or jobs, a roofing contractor shall supply the permit-issuing official the roofing contra…

50-6,136. Establishment of information system. (a) Upon request, the attorney general shall verify a roofing contractor registration certificate number to city, county and state enforcement officials and to the public. (b) The attorney general shall establish a system for the pub…

50-6,137. Effect on other statutes. This act shall be construed to be in addition to, and not in lieu of, any required licensure of persons for certain professions and trades in this state, and further, this act shall not be deemed to conflict with or affect the authority of any …

50-6,138. Deceptive or unconscionable acts or practices. (a) Any violation of this act shall be deemed to be a deceptive or unconscionable act or practice under the provisions of the Kansas consumer protection act. (b) This act shall be part of and supplemental to the Kansas cons…

50-6,138a. Violations; general contractor's duty to report. In the event a general contractor is notified or becomes aware that a roofing contractor used by the general contractor has violated or is no longer in compliance with any of the requirements of this act, the general con…

50-6,138b. Letter of exemption for general contractor. The attorney general may, upon request of a general contractor, issue a letter of exemption stating that the general contractor is an exempt general contractor, as defined by this act. History: L. 2015, ch. 31, § 3; July 1.

50-6,139. Identity theft; identity fraud; unconscionable act or practice; citation of act. (a) The conduct prohibited by K.S.A. 21-6107, and amendments thereto, constitutes an unconscionable act or practice in violation of K.S.A. 50-627, and amendments thereto, and any person who…

50-6,139a. Attorney general assistance for victims of identity-related crimes. (a) Within the limits of available resources, the attorney general may assist victims of identity theft, identity fraud and related crimes and violations in obtaining refunds in relation to fraudulent …