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.
50-617
50-617. Receipt of unsolicited goods, wares ormerchandise deemedgift, when; negative option invitation or announcement; defense in action forreturn; deceptive act or practice.(a) Whenever any supplier shall, in any manner, or by anymeans, deliver property orservices notaffirmatively orderedor requested by the recipient, the receipt of any such unorderedproperty orservices shall for all purposesbe deemed anunconditional giftto the recipient who may use or dispose of the same in any manner the recipientsees fit without any obligation on the recipient's part tothe supplier. Property or services are considered to beunordered unless the recipient specifically requested, in an affirmativemanner, the receipt of the property or services according to the terms underwhich they are being offered. Property or services are not considered to havebeen affirmatively ordered or requested if a person fails to respond to anegative option invitation or announcement to purchase the property orservices, and the property or services are provided notwithstanding. In anyactionfor the return of such property or forpaymentof thepurchase price of such property or services orany other consideration, it shall be acomplete defense that the property or services weredelivered to therecipient voluntarily and that the recipient did notaffirmativelyorder or request the same.
(b) As used in this section, "negative option invitation or announcement"means any material sent by a supplier which identifies property or serviceswhich such supplier proposes to send or sends to recipients, and the recipientsarethereafter billed forthe property or services identified in the material, unless by a date or withina time specified by the supplier, the recipients, in conformity with thesupplier's terms set forth in the material, instruct the supplier not to sendthe identified property or services.
(c) Any attempt to collector bill for unordered property or services under this section is adeceptive act or practice undertheKansas consumer protection act.
(d) The provisions of this act do not apply to plans and arrangementsregulated by and in compliance with 16 C.F.R. 425 or to contractual plans orarrangements such as continuity plans, subscription arrangements, standingorder arrangements and series arrangements under which the supplierperiodically ships property to a consumer who has affirmatively ordered orrequested in advance to receive such property on a periodic basis.
(e) This section shall be part of and supplemental to theKansasconsumer protection act.
History: L. 1969, ch. 272, § 1;L. 1991, ch. 158, § 1;L. 1992, ch. 252, § 4;L. 1999, ch. 82, § 1; July 1.