reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-648 Purchase of motor vehicle voided; consumer remedies.

50-648. 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. 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.
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-651 Civil penalty.

50-651. Civil penalty.
(a) The commission of any act or practice declared to be a violation of K.S.A. 21-5835, and amendments thereto, or K.S.A. 50-653, and amendments thereto, shall make the violator liable to the aggrieved consumer, or to the state, for the payment of a civil penalty, recoverable in an individual action or in an action brought by the attorney general in a sum set by the court of not more than $2,000 per violation of K.S.A. 50-653, and amendments thereto, and not more than $10,000 per violation of K.S.A. 21-5835, and amendments thereto.
(b) The remedies provided in subsection (a) are in addition to any remedies available under federal odometer law.
History:
L. 1988, ch. 211, § 6; L. 1998, ch. 184, § 1; L. 2011, ch. 30, § 201; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-652 Odometer statement required; exceptions.

50-652.
Odometer statement required; exceptions.
A completed odometer statement shall be a required document for application for a title for a motor vehicle, except for motor vehicles which are 10 model years or older and trucks with a gross vehicle weight of more than 16,000 pounds.
History:
L. 1988, ch. 211, § 7; L. 1992, ch. 63, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-653 Title search disclosure; supplier no liability if disclosed.

50-653. Title search disclosure; supplier no liability if disclosed.
A supplier as defined herein shall disclose in writing to the purchaser of a motor vehicle at or before the time of entering into the purchase agreement whether the supplier has or has not performed a title search for such motor vehicle and such disclosure statement shall be signed by the purchaser acknowledging such disclosure was made to the purchaser. A supplier who makes the foregoing disclosure shall have no liability under K.S.A. 50-648, 50-650 and 50-651, and amendments thereto, to a purchaser of the vehicle in the event the mileage shown for the motor vehicle is inaccurate or untrue, unless such supplier violated the provisions of subsection (a)(4) of K.S.A. 21-5835, and amendments thereto.
History:
L. 1988, ch. 211, § 8; L. 2011, ch. 30, § 202; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-654 Kansas collision damage waiver act; citation.

50-654.
Kansas collision damage waiver act; citation.
K.S.A. 50-654 through 50-658, inclusive, shall be known and may be cited as the Kansas collision damage waiver act.
History:
L. 1988, ch. 193, § 3; January 1, 1989.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-655 Application of act.

50-655.
Application of act.
K.S.A. 50-654 through 50-658, inclusive, shall apply to all persons in the business of leasing rental motor vehicles for a period of 60 days or less from locations in this state under an agreement which imposes upon the lessee an obligation to pay for any damages caused to the leased vehicle. The provisions of K.S.A. 50-654 through 50-658, inclusive, apply solely to the collision damage waiver portion of the rental agreement.
History:
L. 1988, ch. 193, § 4; January 1, 1989.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-656 Definitions.

50-656. Definitions.
(a) "Authorized driver" means:
(1) The lessee;
(2) the lessee's spouse if such spouse is a licensed driver and satisfies the lessor's minimum age requirement;
(3) any person who operates the vehicle during an emergency situation; or
(4) any person listed by the lessor on such lessee's contract as an authorized driver.
(b) "Collision damage waiver" means any contract or contractual provision, whether separate from or a part of a motor vehicle rental agreement, whereby the lessor agrees for a charge, to waive any and all claims against the lessee for any damage to the rental motor vehicle during the term of the rental agreement.
(c) "Lessor" means any person or organization in the business of providing rental motor vehicles to the public. "Lessor" does not include a peer-to-peer vehicle sharing program, as defined in K.S.A. 8-2802, and amendments thereto, or a shared vehicle owner, as defined in K.S.A. 8-2802, and amendments thereto.
(d) "Lessee" means any person or organization obtaining the use of a rental motor vehicle from a lessor under the terms of a rental agreement. "Lessee" does not include a "shared vehicle driver" as defined in K.S.A. 8-2802, and amendments thereto.
(e) "Rental agreement" means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee for a period of 60 days or less. "Rental agreement" does not include a vehicle sharing program agreement, as defined in K.S.A. 8-2802, and amendments thereto.
(f) "Rental motor vehicle" means a private passenger type vehicle or commercial type vehicle which, upon execution of a rental agreement, is made available to a lessee for the lessee's use. "Rental motor vehicle" does not include a shared vehicle, as defined in K.S.A. 8-2802, and amendments thereto.
History:
L. 1988, ch. 193, § 5; L. 2006, ch. 82, § 1; L. 2021, ch. 55, § 14; January 1, 2022.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-658 Collision damage waiver; deceptive acts or practices.

50-658.
Collision damage waiver; deceptive acts or practices.
The commission of any deceptive act or practice in the advertisement or sales of collision damage waivers is prohibited. The following are deceptive acts or practices when conducted by a lessor or its officials or representatives:
(a) The making of any false or misleading statements either orally or in writing, in connection with the sale, offer to sell, or advertisement of a collision damage waiver;
(b) the omission of any material statement in connection with the sale, offer to sell, or advertisement of a collision damage waiver, which under the circumstances should have been made in order to make the statements that were made not misleading;
(c) the making of any statement that the purchase of a collision damage waiver is mandatory;
(d) at the time of the sale, the failure to provide proper disclosure that the purchase of a collision damage waiver may be duplicative of the lessee's automobile insurance contract; and
(e) any deceptive act or practice as defined in K.S.A. 50-626 and amendments thereto.
History:
L. 1988, ch. 193, § 7; January 1, 1989.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-659 Vehicle dealer's duty to disclose specific facts; failure to disclose creates rebuttable presumption; definitions; deceptive act or practice.

50-659.
Vehicle dealer's duty to disclose specific facts; failure to disclose creates rebuttable presumption; definitions; deceptive act or practice.
(a) A vehicle dealer, as defined in K.S.A. 8-2401, and amendments thereto, shall not knowingly or intentionally fail to disclose in writing to the consumer of a motor vehicle the following:
(1) The fact that a motor vehicle was used as a driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto;
(2) the fact that a motor vehicle was used as a leased or rented motor vehicle; or
(3) the fact that a motor vehicle was a factory buyback motor vehicle or returned to a vehicle dealer under the provisions of K.S.A. 50-645, and amendments thereto.
Failure of the vehicle dealer to disclose in writing the information in paragraphs (1), (2) and (3) shall create a rebuttable presumption of intent not to disclose such information.
(b) For the purposes of this section:
(1) "Motor vehicle" means a motor vehicle which is registered for a gross weight of 12,000 pounds or less, or a farm truck registered for a gross weight of 16,000 pounds or less;
(2) "consumer" means the first individual to take title to a motor vehicle, for purposes other than resale, after such vehicle was:
(A) Used as a leased or rented motor vehicle;
(B) a driver training motor vehicle;
(C) repurchased or reacquired by the manufacturer or distributor as a factory buyback motor vehicle; or
(D) returned to a vehicle dealer under the provisions of K.S.A. 50-645, and amendments thereto;
(3) "leased or rented motor vehicle" does not include a motor vehicle which is leased, loaned or rented by a vehicle dealer to a customer of such dealer while the customer's motor vehicle is being serviced or repaired by such dealer;
(4) "factory buyback motor vehicle" means a motor vehicle repurchased or reacquired by the manufacturer or distributor due to an order or judgment by a court of law or formal, informal or mandatory arbitration procedure, and placed for sale through any dealer, auction or agent.
(c) Any violation of this section is a deceptive act or practice under the Kansas consumer protection act.
(d) This section shall be a part of and supplemental to the Kansas consumer protection act.
History:
L. 1988, ch. 54, § 1; L. 1992, ch. 252, § 6; L. 1993, ch. 123, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-660 After market parts; definitions.

50-660.
After market parts; definitions.
As used in this act:
(a) "After market part" means replacement sheet metal or plastic parts which are not made by or for the original equipment manufacturer and which generally constitute the exterior or provide support for the exterior of a motor vehicle, including inner and outer panels;
(b) "insurer" includes any person authorized to represent the insurer with respect to a claim who is acting within the scope of the person's authority.
History:
L. 1989, ch. 34, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-661 Disclosure by insurer to use after market parts; violations.

50-661.
Disclosure by insurer to use after market parts; violations.
(a) No insurer shall require the use of after market parts in the repair of a motor vehicle without disclosing to the owner the intent to use such parts;
(b) violations of subsection (a) and K.S.A. 50-662 by insurers shall be enforced under the provisions of K.S.A. 40-2401 et seq., and amendments thereto.
History:
L. 1989, ch. 34, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-662 Disclosure requirements; installer of parts responsible for negligent installation.

50-662.
Disclosure requirements; installer of parts responsible for negligent installation.
No person who prepares an estimate of repair shall specify the use of after market parts in the repair of a motor vehicle without disclosing the intended use of such parts to the owner. In all instances where after market parts are intended for use, the written estimate shall clearly identify each such part as being an after market part, and a disclosure document containing the following information in 10-point or larger type shall appear on or be attached to the owner's copy of the estimate:
"THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF ONE OR MORE AFTER MARKET PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. WARRANTIES APPLICABLE TO THESE PARTS ARE PROVIDED BY THE PARTS MANUFACTURER OR DISTRIBUTOR RATHER THAN BY THE MANUFACTURER OF YOUR VEHICLE."
All after market parts installed on the motor vehicle shall be clearly identified on the estimate of such repair and are subject to the provisions provided by the disclosure. The installer of the after market parts shall be responsible for the negligent installation of such after market parts.
History:
L. 1989, ch. 34, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-663 Enforcement under consumer protection act; deceptive act or practice.

50-663.
Enforcement under consumer protection act; deceptive act or practice.
The jurisdiction to enforce the provisions of K.S.A. 50-662 and amendments thereto shall be under the provisions of the consumer protection act, except as it applies to an insurer. Failure to provide the disclosures required by K.S.A. 50-662 and amendments thereto is a deceptive act or practice under the Kansas consumer protection act.
History:
L. 1989, ch. 34, § 4; L. 1992, ch. 252, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-665 Failure to disclose by vehicle dealer that vehicle is being sold by dealer.

50-665.
Failure to disclose by vehicle dealer that vehicle is being sold by dealer.
(a) A vehicle dealer, as defined in K.S.A. 8-2401, and amendments thereto, shall not knowingly or intentionally fail to disclose in any solicitation or advertisement offering a motor vehicle for sale, lease or rental, the fact that such motor vehicle is being offered for sale, lease or rental by a vehicle dealer.
(b) Violation of this section shall be deemed a deceptive act and practice as defined by K.S.A. 50-626, and amendments thereto.
(c) This section shall be a part of and supplemental to the Kansas consumer protection act.
History:
L. 1990, ch. 31, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-666 Invention promotion services; definitions.

50-666.
Invention promotion services; definitions.
As used in this act:
(a) "Contract for invention promotion services" means a contract by which an invention promoter undertakes to develop or promote an invention for a consumer.
(b) "Invention" means a process, machine, manufacture, composition of matter, or an improvement upon any of the foregoing.
(c) "Fee" means any payment made by a consumer to an invention promoter, including reimbursements for expenditures made or costs incurred.
(d) "Invention promoter" means any person, and the agents, employees or representatives of the person, who develops or promotes or offers to develop or promote an invention for a consumer. The following are not invention promoters for purposes of this act:
(1) A person licensed to practice before the United States patent and trademark office as a patent attorney;
(2) a department or agency of federal, state or local government; or
(3) a person who accepts technology from institutions of higher education or other state or federal research institutions for evaluation and the providing of marketing services.
(e) "Invention promotion services" means acts to be performed or promised to be performed, or both, by an invention promoter.
(f) "Person" means an individual, partnership, corporation or other legal entity. Such term does not include a department or agency of any governmental unit.
History:
L. 1990, ch. 181, § 1; April 19.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-667 Same; disclosures; required information and statement in contract.

50-667.
Same; disclosures; required information and statement in contract.
An invention promoter shall make the following disclosures:
(a) In any solicitation, whether a fee is charged for invention promotion services.
(b) In any contract between an invention promoter and consumer for invention promotion services:
(1) The fee to be charged and the specific services to be provided including:
(A) Whether the promoter will construct one or more prototypes, models or devices embodying the consumer's invention;
(B) whether the promoter undertakes to sell or distribute one or more prototypes, models or devices embodying the consumer's invention;
(C) the expected completion date of services; and
(D) the extent to which the invention promoter will acquire an interest in the title to the consumer's invention.
(2) Whichever of the following statements is applicable:
(A) That the invention promoter does not evaluate either:
(i) The commercial feasibility of inventions submitted to the invention promoter; or
(ii) the technical feasibility of inventions submitted to the invention promoter; or
(B) that the invention promoter does evaluate either:
(i) The commercial feasibility of inventions submitted to the invention promoter; or
(ii) the technical feasibility of inventions submitted to the invention promoter.
(3) That without an evaluation of commercial or technical feasibility, the consumer is at substantial risk that the invention may not be commercially or technically feasible.
(4) The following statement in 10 point boldface type:
"IF YOU ASSIGN EVEN A PARTIAL INTEREST IN THE INVENTION TO THE INVENTION PROMOTER, THE INVENTION PROMOTER MAY HAVE THE RIGHT TO ASSIGN OR LICENSE ITS INTEREST IN THE INVENTION, OR MAKE, USE, AND SELL THE INVENTION, WITHOUT YOUR CONSENT AND MAY NOT HAVE TO SHARE THE PROFITS WITH YOU.
YOU ARE ENCOURAGED TO CONSULT WITH A QUALIFIED ATTORNEY BEFORE SIGNING THIS CONTRACT. BY PROCEEDING WITHOUT THE ADVICE OF A QUALIFIED ATTORNEY YOU COULD LOSE ANY RIGHTS YOU MIGHT HAVE IN YOUR INVENTION.
THE PERFORMANCE OF THE SERVICES DETAILED IN THE CONTRACT PROVIDES NO GUARANTEE OR PROMISE OF PROFITS, OR THAT YOUR INVENTION WILL BE PURCHASED BY A MANUFACTURER.
THIS CONTRACT DOES NOT PROVIDE ANY PATENT, COPYRIGHT OR TRADEMARK PROTECTION FOR YOUR INVENTION. THE PATENT OFFICE DISCLOSURE PROGRAM IS NOT A PATENT APPLICATION PROCEEDING.
YOUR POTENTIAL PATENT RIGHTS MAY BE ADVERSELY AFFECTED BY ANY ATTEMPT TO COMMERCIALIZE YOUR INVENTION BEFORE A PATENT APPLICATION COVERING IT IS FILED. NONCONFIDENTIAL DISCLOSURES OF YOUR INVENTION MAY ALSO TRIGGER CERTAIN STATUTORY DEADLINES FOR FILING A PATENT APPLICATION IN THE UNITED STATES AND WOULD PREVENT YOU FROM OBTAINING VALID PATENT RIGHTS IN COUNTRIES WHOSE LAWS PROVIDE THAT PATENT APPLICATIONS MUST BE FILED BEFORE ANY PUBLIC DISCLOSURE."
History:
L. 1990, ch. 181, § 2; April 19.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-668 Deceptive act or practice; supplemental to Kansas consumer protection act.

50-668.
Deceptive act or practice; supplemental to Kansas consumer protection act.
(a) Failure to provide the disclosures required by K.S.A. 50-667 and amendments thereto is a deceptive act or practice under the Kansas consumer protection act.
(b) This act shall be a part of and shall be supplemental to the Kansas consumer protection act.
History:
L. 1990, ch. 181, § 3; L. 1992, ch. 252, § 8; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-669 Required presentation of credit card when writing a check; exceptions.

50-669.
Required presentation of credit card when writing a check; exceptions.
(a) A person shall not require as a condition or acceptance of a check or share draft, or as a means of identification, that the person presenting the check provide a credit card number or expiration date, or both, unless such credit is issued by the person requesting the information.
(b) This section does not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card.
(c) This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both in lieu of a security deposit to assure payment in event of default, loss, damage, or other occurrence.
(d) This section does not prohibit a person from recording a credit card number and expiration date as a condition for cashing a check or share draft where that person has agreed with the card issuer to cash checks and share drafts as a service to the issuer's cardholders and the issuer guarantees cardholder checks and share drafts cashed by that person.
(e) Violation of this section shall be deemed an unconscionable act as defined by K.S.A. 50-627, and amendments thereto.
(f) This section shall be a part of and supplemental to the Kansas consumer protection act.
History: L. 1990, ch. 79, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-669a Prohibiting the taking of personal information when using a credit card.

50-669a.
Prohibiting the taking of personal information when using a credit card.
(a) No person, firm, partnership, association or corporation which accepts credit cards for the transaction of business shall require the cardholder, as a condition to accepting the credit card, to:
(1) Write any personal identification information upon the credit card transaction form or otherwise; or
(2) provide personal identification information, which the person, firm, partnership, association or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise.
(b) For purposes of this section, "personal identification information" means information concerning the cardholder, other than information set forth on the credit card, and including, but not limited to, the cardholder's address and telephone number.
(c) Subsection (a) does not apply to personal identification information, required by the card issuer to complete the credit card transaction or for a special purpose incidental but related to the individual credit card transaction, including, but not limited to, information relating to shipping, delivery, servicing or installation of the purchased merchandise or for special orders.
(d) Violation of this section shall be deemed an unconscionable act as defined by K.S.A. 50-627, and amendments thereto.
(e) This section shall be a part of and supplemental to the Kansas consumer protection act.
History:
L. 1992, ch. 144, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-669b Prohibiting printing of credit card or debit card account numbers on receipts.

50-669b.
Prohibiting printing of credit card or debit card account numbers on receipts.
(a) No supplier which accepts credit cards or debit cards shall print more than the last five digits of the credit card or debit card account number or print the credit card or debit card expiration date on a credit card or debit card receipt issued to the cardholder.
(b) This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which the sole means of recording the credit card or debit card number is by handwriting or by an imprint or copy of the credit card or debit card.
(c) This section applies on July 1, 2003, to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions and is placed into service on or after July 1, 2003, and on July 1, 2004, to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions and is placed into service prior to July 1, 2003.
(d) Violation of this section shall be deemed an unconscionable act as defined by K.S.A. 50-627, and amendments thereto.
(e) This section shall be part of and supplemental to the Kansas consumer protection act.
History:
L. 2002, ch. 110, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-671 Definitions.

50-671.
Definitions.
As used in this act:
(a) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes.
(b) "Telemarketer" means any person or organization who, individually or through salespersons, initiates the sale, lease, or rental of consumer goods or services, or offers gifts or prizes with the intent to sell, lease or rent consumer goods or services by telephonic means or by postcard or other written notice sent through the mail in which the goods and services and all the material terms of the transaction, including price and any fees or handling, shipping or delivery charges, are not fully described and which requests that the consumer contact the seller to initiate the transaction. Such definition shall not be considered to include any not-for-profit or charitable organization exempt from federal income taxation pursuant to section 501(c)(3) of the internal revenue code of 1986.
(c) "Credit card issuer" means any person or organization who issues a credit card, or the agent of such person with respect to such card.
History:
L. 1991, ch. 70, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-674 Where law enforced.

50-674.
Where law enforced.
For the purposes of enforcement under K.S.A. 50-671 through 50-674, any telemarketing sale shall be considered to have taken place in the state where the consumer is located, regardless of the location of the telemarketer.
History:
L. 1991, ch. 70, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-675 Supplemental to Kansas consumer protection act; unconscionable acts.

50-675.
Supplemental to Kansas consumer protection act; unconscionable acts.
(a) This act shall be part of and supplemental to the Kansas consumer protection act.
(b) Any attempt to collect a fee, or enforce a credit card charge or transaction or any refusal to make a refund to the consumer in violation of this act is an unconscionable act within the meaning of K.S.A. 50-627 and amendments thereto.
History:
L. 1991, ch. 70, § 5; L. 1992, ch. 252, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-676 Protected consumer; definitions.

50-676. Protected consumer; definitions.
As used in K.S.A. 50-676 through 50-679, and amendments thereto:
(a) "Elder person" means a person who is 60 years of age or older.
(b) "Disabled person" means a person who has physical or mental impairment, or both, that substantially limits one or more of such person's major life activities.
(c) "Immediate family member" means parent, child, stepchild or spouse.
(d) "Major life activities" includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(e) "Member of the military" means a member of the armed forces or national guard on active duty or a member of an active reserve unit in the armed forces or national guard.
(f) "Physical or mental impairment" means the following:
(1) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss substantially affecting one or more of the following body systems:
(A) Neurological;
(B) musculoskeletal;
(C) special sense organs;
(D) respiratory, including speech organs;
(E) cardiovascular;
(F) reproductive;
(G) digestive;
(H) genitourinary;
(I) hemic and lymphatic;
(J) skin; or
(K) endocrine; or
(2) any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness and specific learning disabilities.
The term "physical or mental impairment" includes, but is not limited to, orthopedic, visual, language and hearing disorders, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability and emotional illness.
(g) "Protected consumer" means:
(1) An elder person;
(2) a disabled person;
(3) a veteran;
(4) the surviving spouse of a veteran;
(5) a member of the military; and
(6) an immediate family member of a member of the military.
(h) "Substantially limits" means:
(1) Unable to perform a major life activity that the average person in the general population can perform; or
(2) significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity. Minor temporary ailments or injuries shall not be considered physical or mental impairments that substantially limit a person's major life activities. Minor temporary ailments include, but are not limited to, colds, influenza or sprains or minor injuries.
(i) "Veteran" means a person who has served in the armed forces of the United States and separated from the armed forces under honorable conditions.
History:
L. 1996, ch. 121, § 1; L. 2010, ch. 129, § 6; L. 2012, ch. 91, § 34; L. 2017, ch. 91, § 1; L. 2022, ch. 75, § 7; April 28.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-677 Same; enhanced civil penalty.

50-677.
Same; enhanced civil penalty.
If any person is found to have violated any provision of the Kansas consumer protection act, and such violation is committed against a protected consumer, in addition to any civil penalty otherwise provided by law, the court may impose an additional civil penalty not to exceed $10,000 for each such violation.
History:
L. 1996, ch. 121, § 2; L. 2010, ch. 129, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-678 Same; factors to consider in imposition of enhanced civil penalty.

50-678.
Same; factors to consider in imposition of enhanced civil penalty.
In determining whether to impose a civil penalty as provided in K.S.A. 50-676 through 50-679, and amendments thereto, and the amount of such civil penalty, the court shall consider the extent to which one or more of the following factors are present:
(a) Whether the defendant's conduct was in disregard of the rights of the protected consumer;
(b) whether the defendant knew or should have known that the defendant's conduct was directed to a protected consumer;
(c) whether the protected consumer was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility or disability than other persons and actually suffered substantial physical, emotional or economic damage resulting from the defendant's conduct;
(d) whether the defendant's conduct caused a protected consumer to suffer any of the following:
(1) Mental or emotional anguish;
(2) loss of or encumbrance upon a primary residence of the protected consumer;
(3) loss of or encumbrance upon the protected consumer's principal employment or principal source of income;
(4) loss of funds received under a pension or retirement plan or a government benefits program;
(5) loss of property set aside for retirement or for personal or family care and maintenance; or
(6) loss of assets essential to the health and welfare of the protected consumer; or
(e) any other factors the court deems appropriate.
History:
L. 1996, ch. 121, § 3; L. 2010, ch. 129, § 8; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-679 Same; cause of action; priority over enhanced civil penalty.

50-679.
Same; cause of action; priority over enhanced civil penalty.
A protected consumer who suffers damage or injury as a result of a violation of the Kansas consumer protection act has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney fees. Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to K.S.A. 50-677, and amendments thereto.
History: L. 1996, ch. 121, § 4; L. 2010, ch. 129, § 9; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-679a K.S.A. 50-676 through 50-679 supplemental to consumer protection act.

50-679a.
K.S.A. 50-676 through 50-679 supplemental to consumer protection act.
The provisions of K.S.A. 50-676 through 50-679, and amendments thereto, shall be part of and supplemental to the consumer protection act.
History:
L. 1996, ch. 121, § 5; L. 2010, ch. 129, § 10; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-681 Definitions.

50-681.
Definitions.
As used in this act:
(1) "Advertisement" means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a lease-purchase agreement;
(2) "cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-purchase agreement;
(3) "consumer" means a natural person who rents personal property under a lease-purchase agreement to be used primarily for personal, family or household purposes;
(4) "consummation" means the time a consumer becomes contractually obligated on a lease-purchase agreement;
(5) "lessor" means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement; and
(6) "lease-purchase agreement" means an agreement for the use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property.
History:
L. 1991, ch. 71, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-682 Lease-purchase agreements; scope; applicability of other laws.

50-682.
Lease-purchase agreements; scope; applicability of other laws.
(a) Lease-purchase agreements which comply with this act are not governed by the laws relating to:
(1) Door-to-door sales as defined in K.S.A. 50-640, and amendments thereto;
(2) a consumer credit transaction as defined in K.S.A. 16a-1-301, and amendments thereto;
(3) a security interest as defined in K.S.A. 2023 Supp. 84-1-201(b)(35), and amendments thereto; or
(4) an instrument as defined in K.S.A. 16-207, and amendments thereto.
(b) This act does not apply to the following:
(1) Lease-purchase agreements primarily for business, commercial or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;
(2) a lease of a safe deposit box;
(3) a lease or bailment of personal property which is incidental to the lease of real property, and which provides that the consumer has no option to purchase the leased property; or
(4) a lease of an automobile.
History:
L. 1991, ch. 71, § 3; L. 2007, ch. 89, § 28; July 1, 2008.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-683 Same; required disclosures by lessor, when and how.

50-683.
Same; required disclosures by lessor, when and how.
(a) The lessor shall disclose to the consumer the information required by this act. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by such disclosures.
(b) The disclosures shall be made at or before consummation of the lease-purchase agreement.
(c) The disclosures shall be made clearly and conspicuously in writing and a copy of the lease-purchase agreement provided to the consumer. The disclosures required under subsection (a) of K.S.A. 50-684 shall be made on the face of the contract above the line for the consumer's signature.
(d) If a disclosure becomes inaccurate as the result of any act, occurrence or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of this act.
History:
L. 1991, ch. 71, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-684 Same; required disclosures in agreement.

50-684.
Same; required disclosures in agreement.
(a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:
(1) the total number, total amount and timing of all payments necessary to acquire ownership of the property;
(2) a statement that the consumer will not own the property until the consumer has made the total payment necessary to acquire ownership;
(3) a statement that the consumer is responsible for the fair market value of the property if, and as of the time, it is lost, stolen, damaged or destroyed;
(4) a brief description of the leased property, sufficient to identify the property to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of this act;
(5) a brief description of any damages to the leased property;
(6) a statement of the cash price of the property. Where the agreement involves a lease of five or more items as a set, in one agreement, a statement of the aggregate cash price of all items shall satisfy this requirement;
(7) the total of initial payments paid or required at or before consummation of the agreement or delivery of the property, whichever is later;
(8) a statement that the total of payments does not include other charges, such as late payment, default, pickup and reinstatement fees, which fees shall be separately disclosed in the contract;
(9) a statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option and the price, formula or method for determining the price at which the property may be so purchased;
(10) a statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the leased property at the time the consumer acquires ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty;
(11) the date of the transaction and the identities of the lessor and consumer;
(12) a statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair upon expiration of any lease term along with any past due rental payments; and
(13) notice of the right to reinstate an agreement as herein provided.
(b) With respect to matters specifically governed by the federal consumer credit protection act, compliance with such act satisfies the requirements of this section.
History:
L. 1991, ch. 71, § 5; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-685 Same; proscribed provisions.

50-685.
Same; proscribed provisions.
A lease-purchase agreement may not contain:
(1) A confession of judgment;
(2) a negotiable instrument;
(3) a security interest or any other claim of a property interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement;
(4) a wage assignment;
(5) a waiver by the consumer of claims or defenses; or
(6) a provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises or to commit any breach of the peace in the repossession of goods.
History:
L. 1991, ch. 71, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-686 Same; consumer's right to reinstate agreement.

50-686.
Same; consumer's right to reinstate agreement.
(a) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment, within five days of the renewal date if the consumer pays monthly, or within two days of the renewal date if the consumer pays more frequently than monthly, of:
(1) All past due rental charges;
(2) if the property has been picked up, the reasonable costs of pickup and redelivery; and
(3) any applicable late fee.
(b) In the case of a consumer who has paid less than 2/3 of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable reinstatement period set forth in subsection (a) of this section, the consumer may reinstate the agreement during a period of not less than 21 days after the date of the return of the property.
(c) In the case of a consumer who has paid 2/3 or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable period set forth in subsection (a) of this section, the consumer may reinstate the agreement during a period of not less than 45 days after the date of the return of the property.
(d) Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition.
History:
L. 1991, ch. 71, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-688 Same; renegotiations.

50-688.
Same; renegotiations.
(a) A renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. However, events such as the following shall not be treated as renegotiations:
(1) The addition or return of property in a multiple-item agreement or the substitution of the lease property, if in either case the average payment allocable to a payment period is not changed by more than 25%;
(2) a deferral or extension of one or more periodic payments, or portions of a periodic payment;
(3) a reduction in charges in the lease or agreement; and
(4) a lease or agreement involved in a court proceeding.
(b) No disclosures are required for any extension of a lease-purchase agreement.
History:
L. 1991, ch. 71, § 9; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-689 Same; advertisements.

50-689.
Same; advertisements.
(a) If an advertisement for a lease-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable:
(1) That the transaction advertised is a lease-purchase agreement;
(2) the total of payments necessary to acquire ownership; and
(3) that the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.
(b) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.
(c) The provisions of subsection (a) of this section shall not apply to an advertisement which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory of business.
History:
L. 1991, ch. 71, § 10; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 6 - Consumer Protection › 50-690 Same; unconscionable act or practice.

50-690.
Same; unconscionable act or practice.
Any violation of this act is an unconscionable act or practice under the provisions of the Kansas consumer protection act and shall be subject to any and all of the enforcement provisions of the Kansas consumer protection act.
History:
L. 1991, ch. 71, § 11; L. 1992, ch. 252, § 10; July 1.