reglab/housing_qa huggingface dataset:
KS Stat § 50-625 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-625 Waiver; agreement to forego rights; settlement of claims.

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 value than the amount claimed.(c) A settlement in which the consumer waives or agrees to forego rights or benefits under this act is invalid if the court finds the settlement to have been unconscionable at the time it was made. The competence of the consumer, any deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of the consideration are relevant to the issue of unconscionability.History: L. 1973, ch. 217, § 3; Jan. 1, 1974.
KS Stat § 50-627 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-627 Unconscionable acts and practices.

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 unconscionability of an act or practice is a question for the court. In determining whether an act or practice is unconscionable, the court shall consider circumstances of which the supplier knew or had reason to know, such as, but not limited to the following that:(1) The supplier took advantage of the inability of the consumer reasonably to protect the consumer's interests because of the consumer's physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement or similar factor;(2) when the consumer transaction was entered into, the price grossly exceeded the price at which similar property or services were readily obtainable in similar transactions by similar consumers;(3) the consumer was unable to receive a material benefit from the subject of the transaction;(4) when the consumer transaction was entered into, there was no reasonable probability of payment of the obligation in full by the consumer;(5) the transaction the supplier induced the consumer to enter into was excessively onesided in favor of the supplier;(6) the supplier made a misleading statement of opinion on which the consumer was likely to rely to the consumer's detriment; and(7) except as provided by K.S.A. 50-639, and amendments thereto, the supplier excluded, modified or otherwise attempted to limit either the implied warranties of merchantability and fitness for a particular purpose or any remedy provided by law for a breach of those warranties.History: L. 1973, ch. 217, § 5; L. 1976, ch. 236, § 4; L. 1983, ch. 180, § 1; L. 1991, ch. 159, § 3; L. 1998, ch. 99, § 1; Apr. 16.
KS Stat § 50-628 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-628 Duties of the attorney general.

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) mail information concerning final judgments to persons who request it, for which the attorney general may charge a reasonable fee to cover the expense;(4) receive and act on complaints;(5) maintain a public file of:(A) Final judgments rendered under this act that have been either reported officially or made available for public dissemination under subsection (a)(3) of K.S.A. 50-630 and amendments thereto; and(B) consent judgments; and(6) report annually on or before January 1 to the governor and legislature on the operations of the attorney general's office and on the acts or practices occurring in this state that violate this act.(b) The attorney general's report shall include a statement of the investigatory and enforcement procedures and policies of the attorney general's office, of the number of investigations and enforcement proceedings instituted and of their disposition, and of the other activities of the office and of other persons to carry out the purposes of this act.History: L. 1973, ch. 217, § 6; L. 1991, ch. 159, § 4; July 1.
KS Stat § 50-629 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-629 General powers of the attorney general.

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; Jan. 1, 1974.
KS Stat § 50-630 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-630 Rule-making requirements.

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 requests;(2) adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of the forms and instructions used by the attorney general or his or her office; and(3) make available for public inspection all rules, written statements of policy, and interpretations formulated, adopted or used by the attorney general in discharging functions.(b) Rules and regulations adopted by the attorney general pursuant to this section shall be governed by the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated.History: L. 1973, ch. 217, § 8; Jan. 1, 1974.
KS Stat § 50-633 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-633 Coordination with other supervision.

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 having that supervision. The attorney general may request information about suppliers from the official or agency.(b) The attorney general and any other official or agency in this state having supervisory authority over a supplier shall consult and assist each other in maintaining compliance with this act. Within the scope of their authority, they may jointly or separately make investigations, prosecute suits and take other official action they consider appropriate.(c) The county attorney or district attorney may investigate, institute and commence actions under this act in the same manner as provided for the attorney general. It shall be the duty of the county attorney or district attorney to lend to the attorney general such assistance as the attorney general may request in the investigation, commencement and prosecution of actions in the district court of his or her county pursuant to this act, or the county attorney or district attorney may institute and prosecute actions hereunder in the same manner as provided for the attorney general.History: L. 1973, ch. 217, § 11; Jan. 1, 1974.
KS Stat § 50-634 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-634 Private remedies.

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 violates this act; or(2) enjoin or obtain a restraining order against a supplier who has violated, is violating or is likely to violate this act.(b) A consumer who is aggrieved by a violation of this act may recover, but not in a class action, damages or a civil penalty as provided in subsection (a) of K.S.A. 50-636 and amendments thereto, whichever is greater.(c) Whether a consumer seeks or is entitled to recover damages or has an adequate remedy at law, a consumer may bring a class action for declaratory judgment, an injunction and appropriate ancillary relief, except damages, against an act or practice that violates this act.(d) A consumer who suffers loss as a result of a violation of this act may bring a class action for the damages caused by an act or practice:(1) Violating any of the acts or practices specifically proscribed in K.S.A. 50-626, 50-627 and 50-640, and amendments thereto, or(2) declared to violate K.S.A. 50-626 or 50-627, and amendments thereto, by a final judgment of any district court or the supreme court of this state that was either officially reported or made available for public dissemination under subsection (a)(3) of K.S.A. 50-630 and amendments thereto by the attorney general 10 days before the consumer transactions on which the action is based, or(3) with respect to a supplier who agreed to it, was prohibited specifically by the terms of a consent judgment which became final before the consumer transactions on which the action is based.(e) Except for services performed by the office of the attorney general or the office of a county or district attorney, the court may award to the prevailing party reasonable attorney fees, including those on appeal, limited to the work reasonably performed if:(1) The consumer complaining of the act or practice that violates this act has brought or maintained an action the consumer knew to be groundless and the prevailing party is the supplier; or a supplier has committed an act or practice that violates this act and the prevailing party is the consumer; and(2) an action under this section has been terminated by a judgment, or settled.(f) Except for consent judgments, a final judgment in favor of the attorney general under K.S.A. 50-632 and amendments thereto is admissible as prima facie evidence of the facts on which it is based in later proceedings under this section against the same supplier or a supplier in privity.(g) Notice of an action commenced pursuant to subsection (b) or (c), or an appeal of such action, shall be given to the attorney general, but failure to do so shall not provide a defendant a defense in such action.History: L. 1973, ch. 217, § 12; L. 1974, ch. 230, § 3; L. 1976, ch. 236, § 5; L. 1978, ch. 210, § 1; L. 1991, ch. 159, § 7; July 1.
KS Stat § 50-635 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-635 Consumer protection act; application.

50-635. Consumer protection act; application. (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 disseminated or reproduced on behalf of others without actual knowledge that it violated the Kansas consumer protection act.(b) The Kansas consumer protection act does not allow for a private cause of action or remedy against a licensed health care provider for causes of action for personal injury or death resulting, or alleged to have resulted, from medical negligence. For purposes of this subsection, "health care provider" shall have the same meaning as provided in subsection (a)(1) of K.S.A. 65-4915, and amendments thereto.(c) A supplier alleged to have violated this act has the burden of showing the applicability of this section.History: L. 1973, ch. 217, § 13; L. 1988, ch. 193, § 1; L. 1991, ch. 159, § 8; L. 2007, ch. 194, § 1; May 24.
KS Stat § 50-636 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-636 Civil penalties.

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 individual action, including an action brought by the attorney general or county attorney or district attorney, in a sum set by the court of not more than $10,000 for each violation. An aggrieved consumer is not a required party in actions brought by the attorney general or a county or district attorney pursuant to this section.(b) Any supplier who willfully violates the terms of any court order issued pursuant to this act shall forfeit and pay a civil penalty of not more than $20,000 per violation, in addition to other penalties that may be imposed by the court, as the court shall deem necessary and proper. For the purposes of this section, the district court issuing an order shall retain jurisdiction, and in such cases, the attorney general, acting in the name of the state, or the appropriate county attorney or district attorney may petition for recovery of civil penalties.(c) In administering and pursuing actions under this act, the attorney general and the county attorney or district attorney are authorized to sue for and collect reasonable expenses and investigation fees as determined by the court. Civil penalties or contempt penalties sued for and recovered by the attorney general shall be paid into the general fund of the state. Civil penalties and contempt penalties sued for and recovered by the county attorney or district attorney shall be paid into the general fund of the county where the proceedings were instigated.(d) Any act or practice declared to be a violation of this act not identified to be in connection with a specific identifiable consumer transaction but which is continuing in nature shall be deemed a separate violation each day such act or practice exists.History: L. 1973, ch. 217, § 14; L. 1974, ch. 230, § 4; L. 1976, ch. 236, § 6; L. 1978, ch. 210, § 2; L. 1991, ch. 159, § 9; L. 1993, ch. 177, § 3; L. 2001, ch. 105, § 2; July 1.
KS Stat § 50-637 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-637 Powers of receiver; effect of receivership.

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 and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, including property with which such property has been commingled, if it cannot be identified in kind because of such commingling, and to sell, convey and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any practice declared to be a violation of this act and submits proof to the satisfaction of the court that the person has in fact been damaged, may participate in the distribution of the assets.(b) Subject to an order of the court terminating the business affairs of any supplier who is the subject of receivership proceedings held pursuant to this act, the provisions of this act shall not bar any claim by a consumer against any person who has acquired any money or property, real or personal, or anything of value by means of any practice herein declared to be a violation of this act.History: L. 1973, ch. 217, § 15; L. 1976, ch. 236, § 7; L. 1991, ch. 159, § 10; July 1.
KS Stat § 50-638 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-638 Jurisdiction and venue.

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 courts of this state as to any cause of action arising from such consumer transaction.(b) Venue. Every action pursuant to this act shall be brought in the district court of any county in which there occurred an act or practice declared to be a violation of this act, or in which the defendant resides or the defendant's principal place of business is located. If the defendant is a nonresident and has no principal place of business within this state, then the nonresident defendant can be sued either in the district court of Shawnee county or in the district court of any county in which there occurred an act or practice declared to be a violation of this act.History: L. 1973, ch. 217, § 16; L. 1993, ch. 177, § 4; July 1.
KS Stat § 50-640a (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-640a Individuals prohibited from engaging in door-to-door sales.

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 engaging in door-to-door sales, as defined in K.S.A. 2021 Supp. 21-6423(c), and amendments thereto.History: L. 2016, ch. 103, § 5; July 1.
KS Stat § 50-642 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-642 Citation of act.

50-642. Citation of act. This act may be cited as the Kansas consumer protection act.History: L. 1973, ch. 217, § 20; Jan. 1, 1974.
KS Stat § 50-643 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-643 Severability.

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 this end the provisions of this act are severable.History: L. 1973, ch. 217, § 21; Jan. 1, 1974.
KS Stat § 50-644 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-644 Thermal insulation, flame spread standards.

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 E 84, Standard Method of Test for Surface Burning Characteristics of Building Materials, and certified, by an independent testing laboratory approved by the state fire marshal, as having a flame spread rating of 75 or less, or as having a classification representing a flame spread rating not in excess thereof, and is clearly labeled to that effect on the package or, if not contained in a package, is accompanied by a written statement to that effect.(b) Nothing in this section shall be construed to prevent a city or county from requiring a lower maximum flame spread rating than required in this section for thermal insulation which is manufactured, distributed, offered for sale, sold or installed within the jurisdiction of the city or county.(c) As used in this section, "thermal insulation" means any material designed for installation in the walls, floors or ceilings of a structure for the specific purpose of reducing loss or gain of energy by such structure but shall not include any backing or vapor barrier attached to such material.(d) Any violation of this section is an unconscionable act or practice under the Kansas consumer protection act.(e) This section shall be a part of and supplemental to the Kansas consumer protection act.History: L. 1978, ch. 209, § 1; L. 1992, ch. 252, § 5; July 1.
KS Stat § 50-646 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-646 Same; other remedies.

50-646. Same; 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 statutory or otherwise.History: L. 1985, ch. 39, § 2; L. 1989, ch. 160, § 2; July 1.
KS Stat § 50-647 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-647 Odometer fraud; civil remedies; definitions.

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 person or business which in the ordinary course of business purchases, sells or exchanges motor vehicles, but supplier does not include any bank, trust company, trustee or lending company or institution which is subject to state or federal regulation as such, with regard to its disposition of repossessed vehicles.(b) "Consumer" means an individual or sole proprietor.(c) "Set off" means a reasonable allowance for the consumer's use of the motor vehicle as calculated from the most recent edition of the United States department of transportation's cost of owning and operating automobiles and vans.History: L. 1988, ch. 211, § 2; July 1.
KS Stat § 50-648 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-648 Odometer fraud; purchase of motor vehicle voided; consumer remedies.

50-648. Odometer fraud; 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. 2021 Supp. 21-5835, and amendments thereto, have taken place; and (2) that the mileage or use of the motor vehicle is materially different from that shown on the vehicle's odometer shall be entitled to a declaration from the court that the purchase of the motor vehicle is voidable at the consumer's request.(b) If the purchase of a motor vehicle is voided under subsection (a), the consumer shall recover the greater of the following but recovery shall not exceed the actual purchase price of the vehicle:(1) Purchase price before trade-in allowance less set off;(2) Purchase price before trade-in allowance plus verified repairs less set off; or(3) The civil penalties in K.S.A. 50-651, and amendments thereto.(c) The consumer may recover reasonable attorney fees, if the consumer prevails in an action against the supplier under this section.History: L. 1988, ch. 211, § 3; L. 2011, ch. 30, § 200; July 1.
KS Stat § 50-649 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-649 Odometer fraud; enforcement by attorney general.

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.
KS Stat § 50-650 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 6 - Consumer Protection|50-650 Odometer fraud; purchase of motor vehicle not voided; consumer remedies.

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 consumer may recover reasonable attorney fees if the consumer prevails in an action against the supplier under this section.History: L. 1988, ch. 211, § 5; July 1.