50-626. Deceptive acts and practices.
50-626
50-626. Deceptive acts and practices.(a) No supplier shall engage in any deceptive act or practicein connection with a consumer transaction.
(b) Deceptive acts and practices include, but are not limited to, thefollowing, each of which is hereby declared to be a violation of this act,whether or not any consumer has in fact been misled:
(1) Representations made knowingly or with reason to know that:
(A) Property or services have sponsorship, approval, accessories,characteristics, ingredients, uses, benefits or quantities that they do nothave;
(B) the supplier has a sponsorship, approval, status, affiliation orconnection that the supplier does not have;
(C) property is original or new, if such property has beendeteriorated, altered, reconditioned, repossessed or is second-hand orotherwise used to an extent that is materially different from therepresentation;
(D) property or services are of particular standard, quality,grade, style or model, if they are of another which differs materially from therepresentation;
(E) the consumer will receive a rebate, discount or other benefit as aninducement for entering into a consumer transaction in return for givingthe supplier the names of prospective consumers or otherwise helping thesupplier to enter into other consumer transactions, if receipt of benefitis contingent on an event occurring after the consumer enters into thetransaction;
(F) property or services has uses, benefits or characteristics unless thesupplier relied upon and possesses a reasonable basis for making suchrepresentation; or
(G) use, benefit or characteristic of property or services has been provenor otherwise substantiated unless the supplier relied upon and possesses thetype and amount of proof or substantiation represented to exist;
(2) the willful use, in any oral or written representation, of exaggeration,falsehood, innuendo or ambiguity as to a material fact;
(3) the willful failure to state a material fact, or thewillfulconcealment, suppression or omission of a material fact;
(4) disparaging the property, services or business of another by making,knowingly or with reason to know, false or misleading representations ofmaterial facts;
(5) offering property or services without intent to sell them;
(6) offering property or services without intent to supply reasonable,expectable public demand, unless the offer discloses the limitation;
(7) making false or misleading representations, knowingly or withreason to know, of fact concerning the reason for, existence of or amountsof price reductions, or the price in comparison to prices of competitors orone's own price at a past or future time;
(8) falsely stating, knowingly or with reason to know, that a consumertransaction involves consumer rights, remedies or obligations;
(9) falsely stating, knowingly or with reason to know, thatservices, replacements or repairs are needed;
(10) falsely stating, knowingly or with reason to know, the reasons foroffering or supplying property or services at sale or discount prices;
(11) sending or delivering a solicitation for goods or services whichcould reasonably be interpreted or construed as a bill, invoice or statement ofaccount due, unless:
(A) Such solicitation contains the following notice, on its face, inconspicuous and legible type in contrast by typography, layout or color withother printing on its face:
"THIS IS A SOLICITATION FOR THE PURCHASE OF GOODS OR SERVICES AND NOT ABILL, INVOICE OR STATEMENT OF ACCOUNT DUE. YOU ARE UNDER NO OBLIGATION TO MAKEANY PAYMENTS UNLESS YOU ACCEPT THIS OFFER"; and
(B) such solicitation, if made by any classified telephone directoryservice not affiliated with a local telephone service in the area of service,contains the following notice, on its face, in a prominent and conspicuousmanner:
"____________________________________ IS NOT AFFILIATED WITH
(name of telephone directory service)
ANY LOCAL TELEPHONE COMPANY";
(12) using, in any printed advertisement, an assumed or fictitious name forthe conduct of such person's business that includes the name of anymunicipality, community or region or other description of the municipality,community or region in this state in such a manner as to suggest that suchperson'sbusiness is located in such municipality, community or region unless:(A) Such person's business is,in fact, located in such municipality, community or region; or (B) suchperson includes in any suchprinted advertisement the complete street and city address of thelocation from whichsuch person's business is actually conducted. Iflocated outside of Kansas, the state in which such person's business islocated also shall be included. The provisions of this subsection shallnot apply to the use of anytrademark or service mark registered under the laws of this state or underfederal law; any such name that, when applied to the goods or services of suchperson's business, is merely descriptive of them; or any such name that ismerely a surname. Nothing in this subsection shall be construed to impose anyliability on any publisher when such publisher had no knowledge the businesswas not, in fact, located in such municipality, community or region;and
(13) (A) making an oral solicitation for products or services based ona mortgage trigger lead unless the solicitation clearly and conspicuouslystates in the initial phase of the solicitation that the solicitor is notaffiliated with the lender or broker with which the consumer initially appliedand that the solicitation is based on personal information about the consumerthat was purchased, directly or indirectly, from a consumer reporting agencywithout the knowledge or permission of the lender or broker with which theconsumer initially applied;
(B) making a written solicitation for products or services based on amortgage trigger lead unless the solicitation clearly and conspicuously stateson the first page of the solicitation that the solicitor is not affiliated withthe lender or broker with which the consumer initially applied and that thesolicitation is based on personal information about the consumer that waspurchased, directly or indirectly, from a consumer reporting agency without theknowledge or permission of the lender or broker with which the consumerinitially applied. Clear and conspicuous shall include legible type in contrastby typography, layout or color with other printing on the first page of thecorrespondence; and
(C) any solicitor under clause (A) or (B) shall be incompliance with the provisions of the Kansas mortgage business act, unlessotherwise exempted from such act,and anyother law or regulation.
History: L. 1973, ch. 217, § 4;L. 1976, ch. 236, § 3;L. 1991, ch. 159, § 2;L. 1993, ch. 177, § 1;L. 2000, ch. 167, § 1;L. 2009, ch. 67, § 2; July 1.