Chapter 50.—UNFAIR TRADE AND CONSUMER PROTECTION

Kansas Statutes

Chapter 50.—UNFAIR TRADE AND CONSUMER PROTECTION

Article 1.—RESTRAINT OF TRADE
- 50-101 Trusts defined and declared unlawful and void.
- 50-102 Denial of right to form or be interested in any trust.
- 50-103 Powers and duties of attorney general; civil penalties; other actions for violation of restraint of trade act.
- 50-104 Repealed.
- 50-105 Repealed.
- 50-106 Repealed.
- 50-107 Repealed.
- 50-108 Repealed.
- 50-109 Enforcement of act; powers and duties of attorney general.
- 50-110 Jurisdiction of district courts; venue.
- 50-111 Repealed.
- 50-112 Trusts, combinations and agreements in restraint of trade and free competition declared unlawful.
- 50-113 Trust certificates; creation of trusts.
- 50-114 Repealed.
- 50-115 Repealed.
- 50-116 Pleading in bar or abatement of civil action that plaintiff is member or agent of unlawful combination.
- 50-117 Transactions by nonresident; subject to provisions of act.
- 50-118 Repealed.
- 50-119 Repealed.
- 50-120 Repealed.
- 50-121 Repealed.
- 50-122 Repealed.
- 50-123 Repealed.
- 50-124 Repealed.
- 50-125 Repealed.
- 50-126 Repealed.
- 50-127 Repealed.
- 50-128 Repealed.
- 50-129 Repealed.
- 50-130 Repealed.
- 50-131 Agreements or combinations by which shipper is defrauded out of portion of net weight; violation of restraint of trade act.
- 50-132 Conspiring to monopolize line of business or to prevent producer or local buyer from shipping without agency of third person.
- 50-133 Agreements or combinations for shipments under warehouse control; violation of restraint of trade act.
- 50-134 Repealed.
- 50-135 Repealed.
- 50-136 Commodities; grain dealers; agreement or contract to pool or fix price.
- 50-137 Same; damages to persons injured by such actions.
- 50-138 Repealed.
- 50-139 Actions brought under act; brought pursuant to chapter 60.
- 50-140 through 50-144 Repealed.
- 50-145 Repealed.
- 50-146 Repealed.
- 50-147 Rights and remedies cumulative.
- 50-148 Trade and person defined.
- 50-149 Unfair discriminations.
- 50-150 through 50-152 Repealed.
- 50-153 Attorney general powers and duties; enforcement of act.
- 50-154 through 50-156 Repealed.
- 50-157 Acts done under certain federal laws, codes or regulations.
- 50-158 Kansas restraint of trade act.
- 50-159 Same; powers and duties of the attorney general.
- 50-160 Same; penalties.
- 50-161 Same; damages for violation of act; procedure.
- 50-162 Same; attorney general to bring action; when.
- 50-163 Kansas restraint of trade act; construing and applying act; harmonization with federal law; reasonable restraint of trade or commerce.
- 50-164 Same; retroactive application of certain amendments.
- 50-165 through 50-199 Reserved.
- 50-1,100 Kansas discount card act; definitions.
- 50-1,101 Same; unlawful acts; promotion or sale of discount card by supplier; conditions on; registration of supplier; financial responsibility.
- 50-1,102 Repealed.
- 50-1,103 Same; resident agent; registration requirement.
- 50-1,104 Same; severability.
- 50-1,105 Same; citation; supplemental to Kansas consumer protection act; remedies.
Article 2.—NEWS AND NEWS REPORTS
Article 3.—FAIR TRADE (Not in active use)
- 50-301 through 50-310 Repealed.
Article 4.—UNFAIR PRACTICES (Not in active use)
- 50-401 Repealed.
- 50-402 Repealed.
- 50-403 Repealed.
- 50-404 Repealed.
- 50-405 Repealed.
- 50-406 Repealed.
- 50-407 Repealed.
- 50-408 Repealed.
Article 5.—DAIRY PRODUCTS; UNFAIR TRADE PRACTICES
- 50-501 Certain trade practices detrimental to public health and welfare.
- 50-502 Same; definitions.
- 50-503 Same; unlawful acts.
- 50-504 Same; penalties for violations.
- 50-505 Same; injunction actions by attorney general or county attorney; costs and attorney fees; damages.
- 50-506 Same; prosecution of actions by trade association, when.
- 50-507 Same; testimony and records; immunity from proceedings, when.
- 50-508 Same; violation deemed unfair trade.
- 50-509 Same; act supplemental.
- 50-510 Same; invalidity of part.
Article 6.—CONSUMER PROTECTION
- Revisor's Note:
  
  Later act, see 50-623 et seq.
  
  The Kansas Comments following sections of the Kansas Consumer Protection Act were prepared by Barkley Clark, Professor of Law at the University of Kansas School of Law, who also served as consultant to the committees considering the proposed legislation. These comments, in the nature of Revisor's Notes, have been edited by the Office of Revisor of Statutes, primarily to reflect current Kansas statutory references.
- 50-601 Repealed.
- 50-602 Repealed.
- 50-603 Repealed.
- 50-604 Repealed.
- 50-605 Repealed.
- 50-606 Repealed.
- 50-607 Repealed.
- 50-608 Repealed.
- 50-609, 50-610 Repealed.
- 50-611 Repealed.
- 50-612, 50-613 Repealed.
- 50-614 Repealed.
- 50-615, 50-616 Repealed.
- 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.
- 50-618 Unsolicited credit cards; rights of recipient when card lost or stolen.
- 50-619 Definitions.
- 50-620 Prohibited acts; certain information as to ownership of junk required; register.
- 50-621 Same; junk dealer prohibited from purchasing items of junk without receiving from seller information as to ownership; record of ownership.
- 50-622 Penalty.
- 50-623 Kansas consumer protection act; purpose; construction.
- 50-624 Definitions.
- 50-625 Waiver; agreement to forego rights; settlement of claims.
- 50-626 Deceptive acts and practices.
- 50-627 Unconscionable acts and practices.
- 50-628 Duties of the attorney general.
- 50-629 General powers of the attorney general.
- 50-630 Rule-making requirements.
- 50-631 Investigation of violations; remedies.
- 50-632 Remedies of the attorney general or any county or district attorney; procedure for sequestration.
- 50-633 Coordination with other supervision.
- 50-634 Private remedies.
- 50-635 Consumer protection act; application.
- 50-636 Civil penalties.
- 50-637 Powers of receiver; effect of receivership.
- 50-638 Jurisdiction and venue.
- 50-639 Disclaimer or limitation of warranties; liabilities; attorney fees, when; section inapplicable to seed for planting, livestock for agricultural purposes or disposal of surplus property by a governmental entity.
- 50-640 Door-to-door sales; cancellation; required disclosures; notice of cancellation; definition.
- 50-640a Individuals prohibited from engaging in door-to-door sales.
- 50-641 Repealed.
- 50-642 Citation of act.
- 50-643 Severability.
- 50-644 Thermal insulation, flame spread standards.
- 50-645 Motor vehicle warranties; definitions; consumer rights and remedies; enforcement by attorney general.
- 50-646 Same; other remedies.
- 50-647 Odometer fraud; civil remedies; definitions.
- 50-648 Odometer fraud; purchase of motor vehicle voided; consumer remedies.
- 50-649 Odometer fraud; enforcement by attorney general.
- 50-650 Odometer fraud; purchase of motor vehicle not voided; consumer remedies.
- 50-651 Odometer fraud; civil penalty.
- 50-652 Odometer statement required; exceptions.
- 50-653 Title search disclosure; supplier no liability if disclosed.
- 50-653a Odometer fraud; attorney general investigations of violations; subpoena power.
- 50-654 Kansas collision damage waiver act; citation.
- 50-655 Application of act.
- 50-656 Definitions.
- 50-657 Rental agreement; collision damage waiver; requirements.
- 50-658 Collision damage waiver; deceptive acts or practices.
- 50-659 Vehicle dealer's duty to disclose specific facts; failure to disclose creates rebuttable presumption; definitions; deceptive act or practice.
- 50-660 After market parts; definitions.
- 50-661 Disclosure by insurer to use after market parts; violations.
- 50-662 Disclosure requirements; installer of parts responsible for negligent installation.
- 50-663 Enforcement under consumer protection act; deceptive act or practice.
- 50-664 Vehicles not covered by act.
- 50-665 Failure to disclose by vehicle dealer that vehicle is being sold by dealer.
- 50-666 Invention promotion services; definitions.
- 50-667 Same; disclosures; required information and statement in contract.
- 50-668 Deceptive act or practice; supplemental to Kansas consumer protection act.
- 50-669 Required presentation of credit card when writing a check; exceptions.
- 50-669a Prohibiting the taking of personal information when using a credit card.
- 50-669b Prohibiting printing of credit card or debit card account numbers on receipts.
- 50-670 Kansas no-call act; definitions; requirements and prohibitions; remedies.
- 50-670a Same; no-call list; prohibitions; remedies; attorney general, powers and duties.
- 50-671 Definitions.
- 50-672 Verbal agreement not valid unless signed confirmation; consumer not liable for payment, when; right to cancel.
- 50-673 When law inapplicable; implied warranty of telemarketer exempted pursuant to this section; consumer's right to cancel and refund.
- 50-674 Where law enforced.
- 50-675 Supplemental to Kansas consumer protection act; unconscionable acts.
- 50-675a Repealed.
- 50-676 Protected consumer; definitions.
- 50-677 Same; enhanced civil penalty.
- 50-678 Same; factors to consider in imposition of enhanced civil penalty.
- 50-679 Same; cause of action; priority over enhanced civil penalty.
- 50-679a K.S.A. K.S.A. 50-676 through 50-679 supplemental to consumer protection act.
- 50-680 Title of act.
- 50-681 Definitions.
- 50-682 Lease-purchase agreements; scope; applicability of other laws.
- 50-683 Same; required disclosures by lessor, when and how.
- 50-684 Same; required disclosures in agreement.
- 50-685 Same; proscribed provisions.
- 50-686 Same; consumer's right to reinstate agreement.
- 50-687 Same; written receipt required.
- 50-688 Same; renegotiations.
- 50-689 Same; advertisements.
- 50-690 Same; unconscionable act or practice.
- 50-691 Reserved.
- 50-692 Prize notification; definitions; requirements of notice and solicitation; violations.
- 50-693 through 50-695 Reserved.
- 50-696 Definitions.
- 50-697 Warranty of manufacturer who sells assistive device to consumer; repair of nonconforming assistive device; remedies of nonconformity not repaired; current value of written lease; reasonable allowance.
- 50-698 Duties of consumer to receive comparable new assistive device or refund; duties of manufacturer and assistive device lessor.
- 50-699 Enforcement of lease agreement prohibited in certain circumstances; full written disclosure required prior to sale or lease of returned assistive device.
- 50-6,100 Arbitration of disputes.
- 50-6,101 Rights or remedies of consumer not limited; waiver by consumer of rights void; action to recover damages.
- 50-6,102 Act part of and supplemental to Kansas consumer protection act; deceptive practices; enforcement by attorney general; other rights and remedies not limited.
- 50-6,103 Telecommunications services; unauthorized change of provider or addition of services.
- 50-6,104 Sale of cigarettes in violation of cigarette and tobacco products act.
- 50-6,105 Method of payment; express authorization required; when.
- 50-6,106 Unconscionable acts; remedies.
- 50-6,107 Commercial electronic mail act; definitions; consumer rights, requirements and prohibitions; private actions to seek relief; civil penalty; affirmative defense; unconscionable acts or practices.
- 50-6,108 Gift certificates or gift cards; regulation of; exceptions; definitions.
- 50-6,109 Scrap metal theft reduction act; definitions.
- 50-6,109a Same; implementation, administration and enforcement by attorney general and Kansas bureau of investigation; rules and regulations; scrap metal theft reduction fee fund and scrap metal data repository fund; database, requirements; report to legislature.
- 50-6,109b Same; violations, powers of attorney general.
- 50-6,109c Same; violations, civil penalty; appeal.
- 50-6,109d Same; civil action by attorney general; penalty.
- 50-6,109e Same; engaging in business, jurisdiction; administrative or civil action, venue.
- 50-6,109f Scrap metal; regulation by municipality, limitations.
- 50-6,110 Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer's register; exceptions; rules and regulations.
- 50-6,111 Unlawful acts, scrap metal dealer; required information; records.
- 50-6,112 Repealed.
- 50-6,112a Scrap metal dealer registration; fees.
- 50-6,112b Same; persons and business entities prohibited from registration.
- 50-6,112c Same; suspension or revocation; appeal.
- 50-6,112d Same; expiration of act.
- 50-6,113 Pest inspections relating to real estate transactions; certification required; deceptive act.
- 50-6,114 Vehicle protection products; definitions; not insurance.
- 50-6,115 Same; incidental costs; conditions.
- 50-6,116 Truth in musical performance advertising act.
- 50-6,117 Same; definitions.
- 50-6,118 Same; unlawful advertising of a live musical performance; exceptions.
- 50-6,119 Same; civil penalty.
- 50-6,120 Same; affirmative defense.
- 50-6,121 Kansas roofing registration act; citation.
- 50-6,122 Same, definitions.
- 50-6,123 Same; registration certificate required; penalties.
- 50-6,124 Same; administration of act; rules and regulations.
- 50-6,125 Same; registration application requirements; refusal to register; notification.
- 50-6,126 Same; criminal history record inquiry.
- 50-6,127 Same; duties of roofing contractor.
- 50-6,128 Same; fees; roofing contractor registration fund.
- 50-6,129 Same; exemptions.
- 50-6,130 Same; application for registration, time limit for processing.
- 50-6,131 Same; notification of attorney general required, when; fees.
- 50-6,132 Same; roofing contractor registration certificate renewal; reinstatement fee.
- 50-6,133 Same; violations; complaints; investigations; subpoenas.
- 50-6,134 Same; nonresident roofing contractor registration requirements; agent for service of process.
- 50-6,135 Same; disclosure of roofing contractor's registration certificate number.
- 50-6,136 Same; information system, establishment of.
- 50-6,137 Same; effect on other statutes.
- 50-6,138 Same; deceptive or unconscionable acts or practices.
- 50-6,138a Violations; general contractor's duty to report.
- 50-6,138b Letter of exemption for general contractor.
- 50-6,139 Identity theft; identity fraud; unconscionable act or practice; Wayne Owen act.
- 50-6,139a Attorney general assistance for victims of identity-related crimes.
- 50-6,139b Requirements for holders of personal information.
- 50-6,140 Bad faith assertion of patent infringement; unconscionable act or practice.
- 50-6,141 Unlicensed conduct as a bail enforcement agent; penalties.
- 50-6,142 Unauthorized practice of law; penalties.
- 50-6,143 Residential real estate insurance policy; assignment of rights or benefits to contractor.
- 50-6,144 Legal advertisements, requirements and limitations; violation, unlawful and deceptive trade practice; definitions; supreme court authority to regulate the practice of law not affected.
- 50-6,145 Soliciting for legal services, restrictions related to protected health information; violation, unlawful and deceptive trade practice; criminal penalty; supreme court authority to regulate the practice of law not affected.
Article 6a.—REQUIREMENTS FOR SALE OF CIGARETTES
Article 7.—FAIR CREDIT REPORTING
- 50-701 Findings and purpose.
- 50-702 Definitions and rules of construction.
- 50-703 Permissible purposes of reports.
- 50-704 Obsolete information.
- 50-705 Disclosure of investigative consumer reports.
- 50-706 Compliance procedures.
- 50-707 Disclosures to governmental agencies.
- 50-708 Disclosures to consumers.
- 50-709 Conditions of disclosure to consumers.
- 50-710 Procedure in case of disputed accuracy.
- 50-711 Charges for certain disclosures.
- 50-712 Public record information for employment purposes.
- 50-713 Restrictions on investigative consumer reports.
- 50-714 Requirements on users of consumer reports.
- 50-715 Civil liability for willful noncompliance.
- 50-716 Civil liability for negligent noncompliance.
- 50-717 Jurisdiction of courts; limitation of actions.
- 50-718 Obtaining information under false pretenses.
- 50-719 Unauthorized disclosures by officers or employees.
- 50-720 Penalties.
- 50-721 Enforcement by consumer credit commissioner.
- 50-722 Citation of act.
- 50-723 Security freeze on consumer report; requirements; procedure; damages.
- 50-724 Security freeze; exceptions.
- 50-725 Security freeze for protected consumers; requirements; procedure.
Article 7a.—PROTECTION OF CONSUMER INFORMATION
- 50-7a01 Consumer information; security breach; definitions.
- 50-7a02 Security breach; requirements.
- 50-7a03 Repealed.
- 50-7a04 Severability clause.
Article 8.—MISCELLANEOUS PROVISIONS
- 50-801 Repealed.
- 50-802 Boat manufacture by direct molding processes; prohibition; injunction; actual damages, attorney fees and costs.
Article 9.—FOOD ADVERTISING AND SALES PRACTICES
Article 10.—LOAN BROKERS
Article 11.—CREDIT SERVICES ORGANIZATIONS
- 50-1101 through 50-1115 Repealed.
- 50-1116 Kansas credit services organization act; citation; scope.
- 50-1117 Same; definitions.
- 50-1118 Same; licensing required to conduct credit services organization business; application.
- 50-1119 Same; bond; requirements.
- 50-1120 Same; duties of licensee.
- 50-1121 Same; prohibited acts.
- 50-1122 Same; registrant's duties regarding certain funds paid to licensee.
- 50-1123 Same; licensee's report to consumer; required contents.
- 50-1124 Same; licensee's report to state bank commissioner; when required; contents; information confidential.
- 50-1125 Same; records; retention; inspection.
- 50-1126 Same; fees charged by licensee; when allowed.
- 50-1127 Same; denial, suspension, revocation or refusal to renew license; notice.
- 50-1128 Same; state bank commissioner; powers and duties; confidentiality of examination reports and material.
- 50-1129 Same; cease and desist orders; civil fines.
- 50-1130 Same; subpoenas.
- 50-1131 Same; criminal penalty.
- 50-1132 Same; construction; application of consumer protection act.
- 50-1133 Same; private remedies.
- 50-1134 Same; injunction.
- 50-1135 Same; fees collected by commissioner.
Article 12.—MANUFACTURERS OF FIREARMS, FIREARMS ACCESSORIES, AMMUNITION.
- 50-1201 Second amendment protection act.
- 50-1202 Legislative declaration.
- 50-1203 Definitions.
- 50-1204 Personal firearms, accessories and ammunition manufactured in Kansas; exempt, interstate commerce.
- 50-1205 Firearms manufactured in Kansas; stamped requirement.
- 50-1206 Certain federal laws made inapplicable; prohibition against enforcement.
- 50-1207 Criminal penalty; certain actions of federal officials.
- 50-1208 Kansas prosecutors; injunctive relief.
- 50-1209 Firearms; exclusions.
- 50-1210 Application of act.
- 50-1211 Severability.
Article 13.—SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT
- 50-1301 Title of act.
- 50-1302 Definitions.
- 50-1303 Application to successor corporations; exceptions.
- 50-1304 Limitation on liability.
- 50-1305 Methods of establishing fair market value.
- 50-1306 Adjustment of the fair market value of total gross assets.
- 50-1307 Application of act.

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