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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.

KANSAS COMMENT, 1973

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).

CASE ANNOTATIONS

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).


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