Cross References to Related Sections: Contracts for the sale of goods, see 16-112. Cooperative marketing associations, see 17-1632 through 17-1635. Motor vehicle dealers, see chapter 8, article 6. Additional civil remedies applicable to violations of article, see 50-801. Law Review and Bar Journal References: Acts analyzed in discussing labor law and injunctions, Dan Hopson, Jr., 6 K.L.R. 1, 19 (1957). Act analyzed in note, 10 K.L.R. 604 (1962). Attorney general's activation of antitrust laws mentioned, Kenton C. Granger, 8 W.L.J. 1, 2 (1968).
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50-104 Repealed.
50-105 Repealed.
50-106 Repealed.
50-107 Repealed.
50-108 Repealed.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50-111 Repealed.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50-114 Repealed.
50-115 Repealed.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.
50-1,105 Same; citation; supplemental to Kansas consumer protection act; remedies.
50-201 Sale of news without discrimination.
50-202 Unlawful refusal to furnish news reports.
50-203 Violators not permitted to use facilities for transmission of news.
50-204 Transmission service to be discontinued upon violation of act; procedure.
50-205 Injunction proceedings where companies fail to discontinue service.
50-206 Penalty for violating K.S.A. 50-201 through 50-206; forfeiture of charter.
50-301 through 50-310 Repealed.
50-401 Repealed.
50-402 Repealed.
50-403 Repealed.
50-404 Repealed.
50-405 Repealed.
50-406 Repealed.
50-407 Repealed.
50-408 Repealed.
Law Review and Bar Journal References: Case of State, ex rel., Anderson v. Fleming Co., 184 K. 674, 339 P.2d 12, involving act's constitutionality, discussed in 1957-59 survey of Kansas law, Fred N. Six and John W. Brand, Jr., 8 K.L.R. 222, 225, 226 (1959). "A Glimpse at a Plaintiff's Remedies Under Kansas' Antitrust Laws," Kenton C. Granger, 8 W.L.J. 1, 9 (1968).
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.
Law Review and Bar Journal References: Discussion of 1968 statutory changes affecting a lawyer's practice, Robert F. Bennett, 37 J.B.A.K. 159, 162 (1968). "A Consumer's View of FTC Regulation of Advertising," Richard L. D. Morse, 17 K.L.R. 639, 648 (1969). "The New Kansas Buyer Protection Act," Arthur H. Travers, Jr., 38 J.B.A.K. 11 (1969). Impact of the Uniform Consumer Credit Code upon Kansas, Barkley Clark, 18 K.L.R. 277, 282, 290, 295, 296 (1970). Developments in debtor-creditor law between 1965 and 1969, Robert B. Morton, 18 K.L.R. 351, 370 (1970). Strict liability in tort as adopted in Kansas, 25 K.L.R. 462, 463, 467 (1977). "Legislation 1978," David J. Heinemann, 47 J.B.A.K. 81, 86 (1978). "Survey of Kansas Law: Consumer Law," John C. Maloney, 27 K.L.R. 197, 206, 212 (1979). "Comparative Negligence Collides With Strict Liability: Will Tort Law Ever Be the Same?" Marla J. Luckert, 19 W.L.J. 76, 103 (1979). "Comparative Fault and Strict Products Liability in Kansas: Reflections on the Distinction Between Initial Liability and Ultimate Loss Allocation," William Edward Westerbeke and Hal D. Meltzer, 28 K.L.R. 25, 97 (1979). "Kansas Legislation Governing Credit Agreements Of Financial Institutions," George L. Calvert III, 59 J.K.B.A. No. 2, 19, 21 (1990). "Tort Law: Can an Educator be Liable for a Student's Failure?: The Tort of Educational Malpractice [Finstad v. Washburn University, 845 P.2d 685 (Kan. 1993)]," Ryland F. Mahathey, 34 W.L.J. 147 (1994). Law Review and Bar Journal References: "The Untapped Potential of the Kansas Consumer Protection Act," Amy Fellows, 74 J.K.B.A. No. 4, 24 (2005).
BUYER PROTECTION 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.
RECEIPT OF UNSOLICITED PROPERTY 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.
JUNK DEALERS 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.
50-637 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.
50-658 Collision damage waiver; deceptive acts or practices.
MOTOR VEHICLES AND PARTS 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.
50-678 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. 50-676 through 50-679 supplemental to consumer protection act.
LEASE-PURCHASE AGREEMENTS 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.
PRIZE NOTIFICATION 50-692 Prize notification; definitions; requirements of notice and solicitation; violations.
50-693 through 50-695 Reserved.
ASSISTIVE DEVICES FOR MAJOR LIFE ACTIVITIES 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.
MISCELLANEOUS 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.
PROFITEERING FROM DISASTER 50-6,106 Unconscionable acts; remedies.
COMMERCIAL ELECTRONIC MAIL ACT 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.
GIFT CERTIFICATES OR GIFT CARDS 50-6,108 Gift certificates or gift cards; regulation of; exceptions; definitions.
SCRAP METAL DEALERS 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.
50-6,109d 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 by scrap metal dealer or employee or agent thereof; record of information required to be kept.
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 Expiration of act.
PEST INSPECTIONS, RELATING TO REAL ESTATE TRANSACTIONS 50-6,113 Pest inspections relating to real estate transactions; certification required; deceptive act.
VEHICLE PROTECTION PRODUCTS 50-6,114 Vehicle protection products; definitions; not insurance.
50-6,115 Same; incidental costs; conditions.
TRUTH IN MUSICAL PERFORMANCE ACT 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.
50-6,134 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.
50-6a01 Findings and purpose.
50-6a02 Definitions.
50-6a03 Requirements for sale of cigarettes; penalties.
50-6a04 Tobacco product manufacturers; directory by attorney general; certification, contents; escrow deposits; removal from directory, reasons.
50-6a05 Appeal bond staying execution on judgment against signatory to master settlement agreement; order preventing dissipation of assets.
50-6a06 Invalidity of amendment to K.S.A. 50-6a03, effect.
50-6a09 Non-participating manufacturers; required to post bond, conditions; amount; elevated risk, circumstances.
50-6a10 Reports of stamping agents, contents; reports on qualified escrow funds, contents; providing packaging and labeling samples.
50-6a11 Disclosure of information between director, attorney general and other agencies or entities; providing certain information to tobacco product manufacturer, stamping agent; confidentiality of information unless disclosure is provided herein; master settlement agreement, confidentiality.
50-6a12 Wholesale dealer and distributor licensure; compliance with stamping agent requirements of the act.
50-6a13 Contraband; seizure; storage and transportation.
50-6a17 Unlawful sales; deceptive trade practice; surrender of profits.
50-6a18 Recovery of costs of enforcement action by state.
50-6a19 Certain reports admissible as evidence; presumption of accuracy.
50-6a20 Rules and regulations.
50-6a21 Controlling law; severability.
Law Review and Bar Journal References: "The New Kansas Consumer Legislation," Barkley Clark, 42 J.B.A.K. 147, 200 (1973). Consumer protection in Tenth Judicial District, William P. Coates, Jr., 44 J.B.A.K. 67, 70 (1975). "Survey of Kansas Law: Consumer Law," John C. Maloney, 27 K.L.R. 197, 212, 213 (1979). "Computers in the Private Sector: Right to Informational Privacy for the Consumer," John Barlow Spear, 22 W.L.J. 469, 486 (1983). CASE ANNOTATIONS 1. Purpose of act and application to check guarantee and reporting service considered. Peasley v. TeleCheck of Kansas, Inc., 6 K.A.2d 990, 637 P.2d 437 (1981).
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.
50-1005 Fees and funds; accounting and deposit in general fund.
50-1006 Disclosure document to be provided by loan broker; when; contents; amendment of document; estimated disclosure documents and additional documents detailing specific loan information to be provided.
50-1007 Contracts required to be in writing; retention of copy by borrowing party.
50-1008 Denial, suspension or revocation of registration; orders and hearing.
50-1009 Powers of securities commissioner; enforcement of subpoenas; privilege against self-incrimination; certificate of compliance or noncompliance, admissibility in evidence.
50-1010 Certified copies of documents or records admissible in actions or proceedings under act.
50-1011 Violations; civil penalties, enforcement.
50-1012 Same; liability of loan broker to damaged parties; rights of prospective borrower.
50-1013 Violation of act or cease and desist order, penalties; prosecution.
50-1014 Rescission of contract under Truth-in-Lending Act; notice to creditor; timely return of consideration required; computation of time period for avoidance of contract.
50-1015 Account numbers required to be assigned to agreements; loan brokers required to maintain certain records; period and manner of maintenance.
50-1016 Persons exempt from registration and other duties under act; burden of proof thereof.
50-1017 Prohibited acts.
50-1018 False or misleading filing or statement; penalty.
Law Review and Bar Journal References: "Recent Developments in Kansas Consumer Law," Daniel P. Kolditz, J.K.T.L.A. Vol. XV, No. 3, 17, 20 (1992).