reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-164 Same; retroactive application of certain amendments.

50-164. Same; retroactive application of certain amendments.
K.S.A. 2023 Supp. 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to any choses in action or defenses premised on any provision of the Kansas restraint of trade act amended or repealed by this act, and any such choses in action or defenses that have accrued as of the effective date of this act* shall be abated, but causes of action that were pending in any court before the effective date of this act*, shall not be abated. All other non-remedial provisions of this section shall be applied prospectively.
History:
L. 2013, ch. 102, § 6; April 18.
* The phrase "this act" means L. 2013, ch. 102.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-1,100 Kansas discount card act; definitions.

50-1,100.
Kansas discount card act; definitions.
As used in this act:
(a) "Discount card" means a card or any other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts in health-related purchases from health care providers.
(b) "Health care provider" means any person licensed to practice any branch of the healing arts by the state board of healing arts, any person who holds a temporary permit to practice any branch of the healing arts issued by the state board of healing arts, a medical care facility licensed by the department of health and environment, a podiatrist licensed by the state board of healing arts, an optometrist licensed by the board of examiners in optometry, a pharmacist licensed by the state board of pharmacy, a pharmacy registered with the state board of pharmacy, a dentist licensed by the Kansas dental board, a respiratory therapist, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers under this subsection, a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection.
(c) "Network of health care providers" means two or more separate health care providers who have specifically authorized the network to enter into a discount card program and who are contractually obligated to honor the discount card contract entered into by the network of health care providers.
(d) "Date of transaction" means the date payment is processed by the supplier or the date the consumer is able to use the discount card, whichever occurs earlier.
(e) "Service area" means the area defined by the consumer's zip code. Service area shall also include all of the area located outside the area defined by the consumer's zip code but within 60 miles thereof.
History:
L. 2000, ch. 170, § 1; L. 2002, ch. 182, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-1,103 Resident agent; registration requirement.

50-1,103.
Resident agent; registration requirement.
(a) Any supplier who sells, markets, promotes, advertises or otherwise distributes any discount card in Kansas shall designate a resident agent, who is a resident of Kansas, and a registered office in Kansas for service of process.
(1) The supplier who sells any discount card shall file annually with the secretary of state the resident agent's name and registered office's address, which shall be a street address, on the annual notice form prescribed by the secretary of state to be signed under penalty of perjury.
(2) Any supplier who markets, promotes, advertises or otherwise distributes any discount card in Kansas shall designate a resident agent who is a resident of Kansas for service of process and such resident agent shall register with the secretary of state pursuant to K.S.A. 60-306, and amendments thereto, on forms that are prescribed by the secretary of state.
(b) An appointment shall be amended in writing and filed with the secretary of state whenever the resident agent's name or registered office's address is no longer accurate on a form as prescribed by the secretary of state. Each such filing shall be accompanied by a filing fee of no more than $75 to cover the cost of filing and administration. Fees received under this act by the secretary of state shall be deposited in the state treasury to the credit of the information services fee fund.
History:
L. 2000, ch. 170, § 4; L. 2002, ch. 182, § 3; L. 2010, ch. 30, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-1,104 Same; severability.

50-1,104.
Same; severability.
If any provision of K.S.A. 50-1,100 through 50-1,105 or the application thereof to any person or circumstances is held invalid, the validity of such provision to other persons and circumstances shall not be affected thereby.
History:
L. 2000, ch. 170, § 5; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-1,105 Same; citation; supplemental to Kansas consumer protection act; remedies.

50-1,105.
Same; citation; supplemental to Kansas consumer protection act; remedies.
(a) K.S.A. 50-1,100 through 50-1,105 shall be known as the Kansas discount card act.
(b) This act shall be part of and supplemental to the Kansas consumer protection act.
(c) Any violation of this act shall constitute an unconscionable act and practice under the Kansas consumer protection act and amendments thereto and shall be subject to any and all of the remedies and enforcement provisions of the Kansas consumer protection act.
(d) Any person alleging a violation of this act may bring a private action to seek relief pursuant to K.S.A. 50-634, 50-636 and this act, and amendments thereto, and such person shall be considered a consumer pursuant to K.S.A. 50-624, and amendments thereto, for the purposes of such private action.
(e) The requirements and remedies of this act are in addition to and not in substitution for any other requirements and remedies provided by law.
History:
L. 2000, ch. 170, § 6; L. 2002, ch. 182, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 2 - News And News Reports › 50-201 Sale of news without discrimination.

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 or corporation publishing a newspaper in the state of Kansas, upon demand and proffer of payment, upon the same terms as to every other newspaper for the same service, without discrimination.
History:
L. 1907, ch. 254, § 1; March 12; R.S. 1923, 50-201.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 2 - News And News Reports › 50-202 Unlawful refusal to furnish news reports.

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 association or news agency to any daily newspaper or the publisher thereof, upon demand and proffer of the usual charge for like service.
History:
L. 1907, ch. 254, § 2; March 12; R.S. 1923, 50-202.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 2 - News And News Reports › 50-203 Violators not permitted to use facilities for transmission of news.

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 for the transmission of news and news reports within the state of Kansas.
History:
L. 1907, ch. 254, § 3; March 12; R.S. 1923, 50-203.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 2 - News And News Reports › 50-204 Transmission service to be discontinued upon violation of act; procedure.

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 corporation, so as aforesaid refused news reports or discriminated against, to the attorney general, setting forth the violation of this act complained of, under oath, it shall be the duty of the attorney general to immediately notify in writing the telegraph and telephone companies over which the said offending press association or news-gathering association transmits its news and news reports of the violation by said company of this act, and further notifying such telegraph and telephone company to discontinue all service for such press association or news-gathering company.
History:
L. 1907, ch. 254, § 4; March 12; R.S. 1923, 50-204.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 2 - News And News Reports › 50-205 Injunction proceedings where companies fail to discontinue service.

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 commence injunction proceedings in the name of the state of Kansas against such telephone and telegraph companies for the purpose of carrying out the purpose of this act.
History:
L. 1907, ch. 254, § 5; March 12; R.S. 1923, 50-205.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 2 - News And News Reports › 50-206 Penalty for violating K.S.A. 50-201 through 50-206; forfeiture of charter.

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 not less than one hundred dollars nor more than one thousand dollars for each offense, and, if a corporation, shall forfeit its charter or permit to do business in this state.
History:
L. 1907, ch. 254, § 6; March 12; R.S. 1923, 50-206.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-501 Certain trade practices detrimental to public health and welfare.

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 other means and the furnishing of equipment, adversely affect the stable economy of Kansas. Such trade conduct causes unfair price discrimination, destructive and predatory trade practices, tends to reduce the price paid to the dairy farmer, increases the price paid by the consumer, and misleads the public as to the true value of dairy products, and is detrimental to the public health and welfare.
History:
L. 1957, ch. 309, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-502 Same; definitions.

50-502.
Same; 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 amendments thereto, and ice cream.
(b) The term "distributor" means any person engaged in the business of distributing dairy products for resale.
(c) The term "person" shall include individuals, partnerships, associations, firms and corporations.
(d) The term "processor" means any person engaged in the business of processing or manufacturing dairy products.
(e) The term "retail dealer" shall mean any person who sells or distributes dairy products at retail to the consumer: Except, That the term "retail dealer" shall not include any person who is engaged in the distribution of dairy products direct to consumers on army, navy, or air force bases, or United States government reservations or hospitals, schools, and other government agencies or any school, college or university in this state whether public, private or parochial. Wholesalers, processors, or distributors who are also engaged in making home deliveries of dairy products shall not, for the purpose of this act, be deemed retail dealers.
(f) The term "wholesaler" means any person engaged in the business of selling dairy products for resale.
History:
L. 1957, ch. 309, § 2; L. 1958, ch. 17, § 1 (Special Session); L. 2001, ch. 32, § 22; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-504 Same; penalties for violations.

50-504.
Same; penalties for violations.
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 person violating the terms of this act shall be punished by a fine of not more than five hundred dollars ($500) for each violation, and not more than five thousand dollars ($5,000) for any consecutive series of violations by the same person at the same point. All prosecutions under this act shall be governed by the provisions of K.S.A. 50-151.
History:
L. 1957, ch. 309, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-505 Same; injunction actions by attorney general or county attorney; costs and attorney fees; damages.

50-505.
Same; 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 county attorney to, and any person who shall suffer injury from or be threatened with injury from any existing or threatened violation of this act may, maintain an action in a court of equitable jurisdiction to prevent, restrain, or enjoin any violation or threatened violation. Upon the granting of such relief, the court shall assess in favor of the plaintiff and against the defendant the costs, including reasonable attorney's fees for plaintiff. Any damages suffered may be sued for and recovered in the same action and in addition to injunctive relief.
History:
L. 1957, ch. 309, § 5; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-506 Same; prosecution of actions by trade association, when.

50-506.
Same; 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 interest for and on behalf of one or more of the members of such association, when violation of this act directly or indirectly affects or threatens to affect or injure such member or members, or where violation of this act threatens or otherwise affects such member as provided therein.
History:
L. 1957, ch. 309, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-507 Same; testimony and records; immunity from proceedings, when.

50-507.
Same; 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 books, records, invoices and all other documents of any such defendant or witness in court and the same may be introduced as evidence, but no defendant or witness in such civil action shall be prosecuted for or on account of any transaction, matter or thing concerning which such person may thus be required to testify or produce evidence, documentary or otherwise, and no testimony thus given or produced shall be received against that person upon any criminal proceeding or investigation.
History:
L. 1957, ch. 309, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-508 Same; violation deemed unfair trade.

50-508.
Same; 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.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-509 Same; act supplemental.

50-509.
Same; act supplemental.
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. 1957, ch. 309, § 9; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 5 - Dairy Products; Unfair Trade Practices › 50-510 Same; invalidity of part.

50-510.
Same; invalidity of part.
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 of the remaining portions of this act.
History:
L. 1957, ch. 309, § 10; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 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.

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 affirmatively ordered or requested by the recipient, the receipt of any such unordered property or services shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner the recipient sees fit without any obligation on the recipient's part to the supplier. Property or services are considered to be unordered unless the recipient specifically requested, in an affirmative manner, the receipt of the property or services according to the terms under which they are being offered. Property or services are not considered to have been affirmatively ordered or requested if a person fails to respond to a negative option invitation or announcement to purchase the property or services, and the property or services are provided notwithstanding. In any action for the return of such property or for payment of the purchase price of such property or services or any other consideration, it shall be a complete defense that the property or services were delivered to the recipient voluntarily and that the recipient did not affirmatively order or request the same.
(b) As used in this section, "negative option invitation or announcement" means any material sent by a supplier which identifies property or services which such supplier proposes to send or sends to recipients, and the recipients are thereafter billed for the property or services identified in the material, unless by a date or within a time specified by the supplier, the recipients, in conformity with the supplier's terms set forth in the material, instruct the supplier not to send the identified property or services.
(c) Any attempt to collect or bill for unordered property or services under this section is a deceptive act or practice under the Kansas consumer protection act.
(d) The provisions of this act do not apply to plans and arrangements regulated by and in compliance with 16 C.F.R. 425 or to contractual plans or arrangements such as continuity plans, subscription arrangements, standing order arrangements and series arrangements under which the supplier periodically ships property to a consumer who has affirmatively ordered or requested in advance to receive such property on a periodic basis.
(e) This section shall be part of and supplemental to the Kansas consumer protection act.
History:
L. 1969, ch. 272, § 1; L. 1991, ch. 158, § 1; L. 1992, ch. 252, § 4; L. 1999, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-618 Unsolicited credit cards; rights of recipient when card lost or stolen.

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.A. 21-5828, and amendments thereto, where the person to whom the card is issued has not requested or solicited such issuance, and has neither signed nor used such card, the person to whom the card is issued shall not be liable for any use or misuse of such card if it shall be lost or stolen. In any action for the return of such card, or for the return of any goods, wares or merchandise acquired through use of such card subsequent to it being lost by or stolen from the recipient thereof, or for the payment of the purchase price of said goods, wares or merchandise, it shall be a complete defense by such recipient that the card was issued, sent or delivered, or caused to be issued, sent or delivered, to the recipient unsolicited or that the recipient did not actually order or request the same and that the recipient neither signed nor used such card. Where any person has requested or solicited the issuance of a financial card from any person, firm, partnership, association, corporation or other business organization, or any agent thereof or such person has signed or used such card, the reissuance or renewal of such card, regardless of any specific request or solicitation therefor by the holder of such card, shall not be deemed to be the receipt of an unsolicited financial card within the meaning of this act.
History:
L. 1970, ch. 212, § 1; L. 2011, ch. 30, § 199; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-619 Definitions.

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 person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk or any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer, but shall not include antique dealers, or automotive salvage dealers dealing in wrecked vehicles as defined in this act;
(b) "Junk yard" means any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept;
(c) "Junk" shall mean and include, in addition to items or goods commonly referred to as junk, such other used or secondhand goods as rope, scrap iron, brass, lead, copper or aluminum wire or tubing and other scrap metals, but shall not include antiques, or wrecked vehicles as defined in this act, or aluminum in food or beverage containers;
(d) "Antique" means any furniture, object of art, or other object, item or article made or manufactured at an earlier period of time, but shall not include junk;
(e) "Antique dealer" means any person conducting a business of buying and selling antiques;
(f) "Wrecked vehicle" means any wrecked, ruined, dismantled or inoperative motor passenger vehicle or motor truck, and any part or accessory therefrom, for which an original or assigned certificate of title is transferred for such vehicle or truck to an automotive salvage dealer and later surrendered and reported to the division of vehicles of the state department of revenue as required by law;
(g) "Automotive salvage dealer" means any person holding a valid license under the provisions of K.S.A. 68-2201 to 68-2215, inclusive, and any acts amendatory thereof or supplemental thereto, designated as the junkyard and salvage control act.
History:
L. 1971, ch. 225, § 1; L. 1975, ch. 427, § 66; L. 2008, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-620 Prohibited acts; certain information as to ownership of junk required; register.

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 to the ownership of such item or items of junk. Such information shall include the seller's name, address and place of business, if any. Every junk dealer shall keep a register in which the dealer shall at the time of purchase or receipt of any item, excepting rags and paper, enter the name, residence and place of business, if any, of the person from whom the junk dealer purchased or received the item, description of items purchased and the price paid for such item or items.
History:
L. 1971, ch. 225, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-621 Same; junk dealer prohibited from purchasing items of junk without receiving from seller information as to ownership; record of ownership.

50-621.
Same; junk dealer 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 and receiving from the seller thereof information as to ownership. Every junk dealer shall file and maintain a record of ownership of items purchased pursuant to any transaction described in K.S.A. 50-620. All records kept in accordance with the provisions of this act shall be open at all times to peace and police officers, except as otherwise prescribed by the city ordinances regulating the activities of junk dealers and shall be kept for two (2) years.
History:
L. 1971, ch. 225, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-623 Kansas consumer protection act; purpose; construction.

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 unconscionable practices;
(c) to protect consumers from unbargained for warranty disclaimers; and
(d) to provide consumers with a three-day cancellation period for door-to-door sales.
History:
L. 1973, ch. 217, § 1; L. 1974, ch. 230, § 1; L. 1976, ch. 236, § 1; July 1.
2023 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; January 1, 1974.
2023 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; April 16.
2023 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.
2023 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; January 1, 1974.
2023 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; January 1, 1974.
2023 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; January 1, 1974.
2023 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.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-635 Application of act.

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 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.
2023 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.
2023 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.
2023 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.
2023 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. 21-6423(c), and amendments thereto.
History:
L. 2016, ch. 103, § 5; July 1.
2023 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; January 1, 1974.
2023 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.