Kansas Deceptive Trade Practices Laws

Kansas does not have a Uniform Deceptive Trade Practices Act.  Primarily, deceptive trade practices in this state are dealt under Section 50-623 et seq of the Kansas Consumer Protection Act.  Pursuant to Section 50-626, no supplier shall engage in any false advertising forbidden by this Act.  Under Sections 50-632 and 50-634, an Attorney General, any county, district attorney, or a consumer aggrieved by an alleged violation of this Act can bring an action to obtain a declaratory judgment and is entitled to damages.  According to Section 50-632, an Attorney General, any County, or any district attorney who brings an action is entitled to remedies by obtaining a declaratory judgment, a restraining order, recover damages, and recover reasonable expenses and investigation fees.  Again under 50-634, a consumer aggrieved by an alleged violation of this Act can obtain a declaratory judgment, a restraining order, and recover damages or a civil penalty for violation of the provisions of this Act.

According to Section 21-3757 of Article 37 (Crimes against Property), it is unlawful for any person who knowingly tampers with, adjusts, alters, sets back, disconnects, changes or fails to connect the odometer of any motor vehicle so as to reflect a lower mileage than the true mileage traveled by the motor vehicle.

K.S.A. § 50-623

Kansas consumer protection act; purpose; construction.
This act shall be construed liberally to promote the following policies:
(a)  To simplify, clarify and modernize the law governing consumer transactions;
(b)  to protect consumers from suppliers who commit deceptive and unconscionable practices;
(c)  to protect consumers from unbargained for warranty disclaimers; and
(d)  to provide consumers with a three-day cancellation period for door-to-door sales.

K.S.A. § 50-626

50-626.   Deceptive acts and practices.
(a) No supplier shall engage in any deceptive act or practice in connection with a consumer transaction.
(b)  Deceptive acts and practices include, but are not limited to, the following, 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 not have;
(B)  the supplier has a sponsorship, approval, status, affiliation or connection that the supplier does not have;
(C)  property is original or new, if such property has been deteriorated, altered, reconditioned, repossessed or is second-hand or otherwise used to an extent that is materially different from the representation;

K.S.A. § 50-632

Remedies of the attorney general or any county or district attorney; procedure for sequestration.
(a) The attorney general or any county or district attorney may bring an action:
(1)  To obtain a declaratory judgment that an act or practice violates this act;
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K.S.A. § 50-634

Private remedies.
(a) Whether a consumer seeks or is entitled to damages or otherwise has an adequate remedy at law or in equity, a consumer aggrieved by an alleged violation of this act may bring an action to:
(1)  Obtain a declaratory judgment that an act or practice violates this act

K.S.A. § 21-3757

Odometers; unlawful acts; penalties; definitions.
(a) For the purpose of this section, the following words and phrases shall have the following meanings:
(1)  “Motor vehicle” means any vehicle other than a motorized bicycle which is self-propelled and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated.
(2)  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and is required to be registered under the provisions of article 1 of chapter 8 of Kansas Statutes Annotated, except that such term shall not include motorized bicycles or mobile homes.


Inside Kansas Deceptive Trade Practices Laws