50-672. Verbal agreement not valid unless signed confirmation; consumer not liable for payment, when; right to cancel.
50-672
50-672. Verbal agreement not valid unless signed confirmation; consumernot liable for payment, when; right to cancel.(a) Any verbal agreement made by a consumer to purchase any goodsor services from a telemarketer shall not be considered valid and legallybindingunless the telemarketer receives from the consumer a signedconfirmation thatdiscloses in full the terms of the sale agreed upon.
(b) The confirmation shall include, but is not limited to,the followinginformation:
(1) The name of the telemarketer;
(2) the address and telephone number at which personal or voice contactwith an employee or agent of the telemarketer can be made during normalbusiness hours;
(3) a list of all prices orfees being requested, including any handling,shipping, delivery, or other charges;
(4) the date of the transaction;
(5) a detailed description of the goods or services being sold;
(6) a duplicate copy with the complete information as presentedin theoriginal confirmation, to be retained by the consumer as proofof the terms of theagreement to purchase; and
(7) in a type size of a minimum of twelve points, in a spaceimmediatelypreceding the space allotted for the consumer signature, the followingstatement:
"YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THISCONFIRMATION ANDRETURN IT TO THE SELLER."
(c) A telemarketer may not make or submit any charge to the consumer'scredit card account until the telemarketer has received from the consumer anoriginal copy of a confirmation, signed by the consumer, thatcomplies withthis section. Any merchandise sent or services provided without such writtenconfirmation shall be considered as unsolicited goods subjectto the provisions ofK.S.A. 50-617 and amendments thereto.
(d) No consumer shall be held liable for payment for any good or serviceprovided by a telemarketer unless such telemarketer has first received thewritten consent of the consumer in the form of a confirmationas defined in thissection.
(e) In the event that the consumer sends payment to the telemarketer in theform of a personal check, cash money, or any other form of payment other thancredit card without having included a signed copy of suchconfirmation, theconsumer shall have the right to choose at any time to cancel the sale bynotifying the telemarketer in writing, provided the consumer returns to thetelemarketer the goods sold in substantially the same condition as when theywere received by the consumer. A telemarketer that has received such notice tocancel from a consumer shall then, within 10 business days of the receipt ofsuch notice:
(1) Refund all payments made, including any down payment made under theagreement;
(2) return any goods or property traded in to the seller on account of or incontemplation of the agreement, in substantially the same condition as whenreceived by the telemarketer; and
(3) take any action necessary or appropriate to terminate promptly anysecurity interest created in connection with the agreement.
History: L. 1991, ch. 70, § 2;L. 1992, ch. 252, § 1; July 1.