50-670. Definitions; requirements and prohibitions; remedies.
50-670
50-670. Definitions; requirements and prohibitions;remedies.(a) As used in this section and K.S.A. 50-670a, and amendmentsthereto:
(1) "Consumer telephone call" means a call made by a telephone solicitorto the residence of a consumer for the purpose of soliciting a sale of anyproperty or services tothe person called, or for the purpose of soliciting an extension of creditfor property or services to the person called, or forthe purpose ofobtaining information that will or may be used for the direct solicitationof a sale of property or services to the person calledor anextension of credit for such purposes.
(2) "Unsolicited consumer telephone call" means a consumertelephonecall other than a call made:
(A) In response to an express request of the person called;
(B) primarily in connection with an existing debt or contract, paymentor performance of which has not been completed at the time of such call;or
(C) to any person with whom the telephone solicitor or the telephonesolicitor'spredecessor in interesthas an established business relationship, unless the consumer has objectedto suchconsumertelephone calls and requested that the telephone solicitor cease makingconsumertelephone calls.
(3) "Telephone solicitor" means any natural person, firm,organization,partnership, association or corporation who makes or causes to be made aconsumer telephone call, including, but not limited to, calls made by useof automatic dialing-announcing device.
(4) "Automatic dialing-announcing device" means any userterminal equipmentwhich:
(A) When connected to a telephone line can dial, with or without manualassistance, telephone numbers which have been stored or programmed in thedevice or are produced or selected by a random or sequential number generator;or
(B) when connected to a telephone line can disseminate a recorded message tothe telephone number called, either with or without manualassistance.
(5) "Negative response" means a statement from a consumer indicating theconsumer does not wish to listen to the sales presentation or participate inthe solicitation presented in the consumer telephone call.
(6) "Established business relationship" means a prior or existingrelationshipformed by a voluntary two-way communication between a person or entity andconsumer with or without an exchange of consideration, on a basis of anapplication, purchase or transaction by the consumer, within the preceding 36months, regarding products orservicesoffered by such person or entity, which relationship has not been previouslyterminated by either party.
(b) Any telephonesolicitor who makes an unsolicited consumer telephone call to a residentialtelephone number shall:
(1) Identify themselves;
(2) identify the business on whose behalf such person is soliciting;
(3) identify the purpose of the call immediately upon making contact bytelephone with the person who is the object of the telephone solicitation;
(4) promptly discontinue the solicitation if the personbeing solicitedgives a negative response at any time during the consumer telephone call;
(5) hang up the phone, or in the case of an automaticdialing-announcingdevice operator, disconnect the automatic dialing-announcing device from thetelephone line within 25 seconds of the termination of the call by the personbeing called; and
(6) a live operator or an automated dialing-announcing device shall answerthe line withinfive seconds of the beginning of the call.If answered by automated dialing-announcing device, the message provided shallinclude only the information required in subsection (b)(1) and (2), but shallnot contain any unsolicited advertisement.
(c) A telephone solicitor shall not withhold the display of thetelephone solicitor's telephone number from a caller identificationservice when that number is being used for telemarketing purposes, exceptthat before January 1, 2005, a telephone solicitor'stelephone number shall not be required to be displayed when thetelephone solicitor's service or equipment is not capable of allowingthe displayof such number.
(d) A telephone solicitor shall not transmit any written information byfacsimile machine or computer to a consumer after the consumer requests orallyor in writing that such transmissions cease.
(e) A telephone solicitor shall not obtain by use of any professionaldelivery, courier or other pickup service receipt or possession of a consumer'spayment unless the goods are delivered with the opportunity to inspect beforeany payment is collected.
(f) Local exchange carriers andtelecommunications carriers shall not be responsible for theenforcement ofthe provisions of this section.
(g) Any violation of this section is an unconscionable act orpracticeunder the Kansas consumer protection act.
(h) This section shall be part of and supplemental to the Kansasconsumerprotection act.
History: L. 1991, ch. 158, § 2;L. 1992, ch. 252, § 9;L. 1997, ch. 172, § 1;L. 1998, ch. 156, § 2;L. 2000, ch. 91, § 2;L. 2002, ch. 179, § 1; July 1.