NCJ Number
56539
Date Published
1976
Length
34 pages
Annotation
THIS BROCHURE OUTLINES PROVISIONS OF THE KANSAS CONSUMER PROTECTION ACT, ENACTED IN 1973 TO REPLACE THE BUYER PROTECTION ACT PASSED BY THE STATE LEGISLATURE IN 1968.
Abstract
PURPOSES OF THE CONSUMER PROTECTION ACT ARE TO (1) SIMPLIFY, CLARIFY, AND MODERNIZE THE LAW GOVERNING CONSUMER TRANSACTIONS; (2) PROTECT CONSUMERS FROM SUPPLIERS WHO COMMIT DECEPTIVE AND UNCONSCIONABLE PRACTICES; (3) PROTECT CONSUMERS FROM UNBARGAINED-FOR WARRANTY DISCLAIMERS; AND (4) PROVIDE CONSUMERS WITH A 3-DAY CANCELLATION PERIOD FOR DOOR-TO-DOOR SALES. THE ACT INCORPORATES PRIVATE REMEDIES, IN ADDITION TO PUBLIC ENFORCEMENT BY THE STATE ATTORNEY GENERAL'S OFFICE. THE BUYER PROTECTION ACT COVERED ONLY MERCHANDISE, BUT THE CONSUMER PROTECTION ACT ENCOMPASSES THE SALE OF SERVICES AND REAL ESTATE AS WELL. SUBSTANTIVE PROVISIONS ARE ADDED THAT CONCERN WARRANTY DISCLAIMERS AND HOME SOLICITATION SALE CANCELLATIONS. DECEPTIVE ACTS AND PRACTICES IDENTIFIED IN THE ACT INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING: REPRESENTATIONS MADE KNOWINGLY OR WITH REASON TO KNOW THAT PROPERTY OR SERVICES HAVE CHARACTERISTICS, USES, OR BENEFITS THEY DO NOT HAVE AND THAT CONSUMERS WILL RECEIVE A REBATE, DISCOUNT, OR OTHER BENEFIT AS AN INDUCEMENT FOR ENTERING INTO CONSUMER TRANSACTIONS; INTENTIONAL USE IN ORAL OR WRITTEN REPRESENTATIONS OF EXAGGERATED OR AMBIGUOUS MATERIAL FACTS; INTENTIONAL FAILURE TO STATE MATERIAL FACTS OR INTENTIONAL CONCEALMENT OF SUCH FACTS; DISPARAGING THE PROPERTY, SERVICES, OR BUSINESS OF ANOTHER BY MAKING FALSE OR MISLEADING REPRESENTATIONS OF MATERIAL FACTS; OFFERING PROPERTY OR SERVICES WITHOUT INTENT TO SELL THEM; OFFERING PROPERTY OR SERVICES WITH NO INTENT TO SUPPLY REASONABLE AND EXPECTED PUBLIC DEMAND; MAKING FALSE OR MISLEADING REPRESENTATIONS WITH REGARD TO PRICE REDUCTIONS AND PRICE COMPETITION; FALSELY STATING THAT CONSUMER TRANSACTIONS INVOLVE CONSUMER RIGHTS, REMEDIES, OR OBLIGATIONS; FALSELY STATING THAT SERVICES, REPLACEMENTS, OR REPAIRS ARE NEEDED; AND FALSELY STATING REASONS FOR OFFERING OR SUPPLYING PROPERTY OR SERVICES AT SALE OR DISCOUNT PRICES. UNCONSCIONABLE ACTS AND PRACTICES ARE PROHIBITED BEFORE, DURING, AND AFTER TRANSACTIONS. THE UNCONSCIONABILITY OF AN ACT OR PRACTICE IS A QUESTION FOR THE COURTS. OTHER PROVISIONS OF THE CONSUMER PROTECTION ACT PERTAIN TO THE DUTIES AND FUNCTIONS OF THE ATTORNEY GENERAL, PRIVATE REMEDIES, CIVIL PENALTIES, POWERS OF RECEIVERSHIP, AND VENUE. A SAMPLE CANCELLATION NOTICE IS INCLUDED. REFERENCES AND CASE LAW ARE CITED. (DEP)