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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.

KANSAS COMMENT, 1973

This section emphasizes that the attorney general's informational duties are as important as his enforcement duties. There were no comparable provisions in the old Buyer Protection Act.

Law Review and Bar Journal References:

Powers of attorney general mentioned in discussion of new consumer legislation in Kansas, Barkley Clark 42 J.B.A.K. 147, 189 (1973).

Consumer protection in Tenth Judicial District, William P. Coates, Jr., 44 J.B.A.K. 67, 103 (1975).

CASE ANNOTATIONS

1. Debt collection agency is "supplier" within meaning of Consumer Protection Act. State ex rel. Miller v. Midwest Service Bureau of Topeka, Inc., 229 K. 322, 324, 623 P.2d 1343.

2. Action involving home loan mortgage brought by attorney general on behalf of state; state is real party in interest. State ex rel. Stephan v. Brotherhood Bank and Trust Co., 8 K.A.2d 57, 62, 649 P.2d 419 (1982).

3. Application of act to direct mail business did not violate Art. 1, § 8 or first, fifth or 14 th amendments to U.S. Constitution; federal interest in preventing fraud does not preclude state law on subject. Conte & Co., Inc. v. Stephan, 713 F.Supp. 1382 (1989).


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