50-627. Unconscionable acts and practices.
50-627
50-627. Unconscionable acts and practices.(a) No supplier shall engage in any unconscionable act or practice inconnection with a consumer transaction. An unconscionable act or practiceviolates this act whether it occurs before, during or after the transaction.
(b) The unconscionability of an act or practice is a question for thecourt. In determining whether an act or practice is unconscionable, thecourt shall consider circumstances of which the supplier knew or had reason toknow, such as, but not limited to the following that:
(1) The supplier took advantage of the inability of the consumerreasonably to protect the consumer's interests because of the consumer'sphysical infirmity, ignorance, illiteracy, inability to understand the languageof an agreement or similar factor;
(2) when the consumer transaction was entered into, the pricegrossly exceeded the price at which similar property or services werereadily obtainable in similar transactions by similar consumers;
(3) the consumer was unable to receive a material benefit from thesubject of the transaction;
(4) when the consumer transaction was entered into, there was noreasonable probability of payment of the obligation in full by theconsumer;
(5) the transaction the supplier induced the consumer to enter intowas excessively onesided in favor of the supplier;
(6) the supplier made a misleading statement of opinion on whichtheconsumer was likely to rely to the consumer's detriment; and
(7) except as provided by K.S.A. 50-639, and amendmentsthereto, the supplier excluded, modified or otherwise attempted to limiteither the implied warranties of merchantability and fitness for a particularpurpose or any remedy provided by law for a breach of those warranties.
History: L. 1973, ch. 217, § 5; L. 1976, ch. 236, § 4; L. 1983,ch. 180, § 1; L. 1991, ch. 159, § 3;L. 1998, ch. 99, § 1; Apr. 16.