Home >> Statutes >> Back

Click to open printable format in new window.Printable Format
 | Next

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.


Subsection (a)(1) exempts from this disseminators of information unless they commit a violation of this act on behalf of others with actual knowledge that they are violating the act or unless they commit a violation on their own behalf; this basically tracks with the old Buyer Protection Act (former K.S.A. 50-602). Subsection (a)(2) has primary application to product liability claims, and was not included in the old Buyer Protection Act. To the extent that joinder is appropriate, there is no intent to bar the joinder of a product liability claim with a related claim for violation of this act.

Law Review and Bar Journal References:

"A New Kansas Approach to an Old Fraud," on consumer protection, Polly Higdon Wilhardt, 14 W.L.J, 623, 637 (1975).

"H.B. 2451: The Legislature's Response to Williamson v. Amrani," Michael R. O'Neal, K.D.J. Summer (2007).

"Williamson v. Amrani: The KCPA Applies to the Practice of Medicine ‒ For a Limited Time," Nancy Ogle, K.D.J. Summer (2007).


1. Personal injury claim dismissed where manufacturer did not advertise in state after KCPA recognized personal injury actions. Snyder v. City of Topeka, 884 F.Supp. 1504, 1524 (1995).

2. Cited; amendment to consumer protection act excluding health care providers from act is not retroactive. Kelly v. VanZant, 287 K. 509, 521, 197 P.3d 803 (2008).

 | Next

  12/18/2023 Meeting Notice Agenda
  LCC Policies

  2023 New, Amended and Repealed by KSA
  2023 New, Amended and Repealed by Bill
  2024 Valid Section Numbers
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

Session Laws

Kansas Legislature
Administrative Services
Division of Post Audit
Research Department