Kansas Statutes
Article 6 - Consumer Protection
50-692 Prize notification; definitions; requirements of notice and solicitation; violations.

50-692. Prize notification; definitions; requirements of notice and solicitation; violations. (a) As used in this section:
(1) "Prize" means a gift, award or other item or service of value.
(2) "Prize notice" means a notice given to an individual in this state that satisfies all of the following:
(A) Is or contains a representation that the individual has been selected or may be eligible to receive a prize.
(B) Conditions receipt of a prize on a payment from the individual or requires or invites the individual to make a contact to learn how to receive the prize or to obtain other information related to the notice.
(3) "Solicitor" means a person who represents to an individual that the individual has been selected or may be eligible to receive a prize.
(4) "Sponsor" means a person on whose behalf a solicitor gives a prize notice.
(5) "Verifiable retail value" of a prize means:
(A) A price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor or sponsor in the trade area in which the prize notice is given.
(B) If the solicitor or sponsor is unable to satisfy paragraph (A), no more than 1.5 times the amount the solicitor or sponsor paid for the prize.
(b) If a solicitor represents to an individual, by oral or written communication, that the individual has been selected or may be eligible to receive a prize, the solicitor shall not request, and the solicitor or sponsor shall not accept, a payment from the individual in any form and the solicitor shall not create the reasonable impression that such payment is required before the individual receives a written prize notice that contains all of the information required under subsection (c)(1) presented in the manner required under subsection (c)(2) through (6).
(c) (1) A written prize notice shall contain all of the following information presented in the manner required under paragraphs (1) through (6):
(A) The name and address of the solicitor and sponsor.
(B) The verifiable retail value of each prize the individual has been selected or may be eligible to receive.
(C) If the notice lists more than one prize that the individual has been selected or may be eligible to receive, a statement of the odds the individual has of receiving each prize.
(D) Any requirement or invitation for the individual to view, hear or attend a sales presentation in order to claim a prize, the approximate length of the sales presentation and a description of the property or service that is the subject of the sales presentation.
(E) Any requirement that the individual pay shipping or handling fees or any other charges to obtain or use a prize.
(F) If a receipt of the prize is subject to a restriction, a statement that a restriction applies, a description of the restriction and a statement containing the location in the notice where the restriction is described.
(G) Any limitations on eligibility.
(2) (A) The verifiable retail value and the statement of odds required in a written prize notice under paragraphs (1)(B) and (C) shall be stated in immediate proximity to each listing of the prize in each place the prize appears on the written prize notice and shall be in the same size and boldness of type as the prize.
(B) The statement of odds shall include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be delivered. The number of prizes and written prize notices shall be stated in Arabic numerals. The statement of odds shall be in the following form: "____(number of prizes)____ out of _________ written prize notices."
(C) The verifiable retail value shall be in the following form: "verifiable retail value: $______."
(3) If an individual is required to pay shipping or handling fees or any other charges to obtain or use a prize, the following statement shall appear in immediate proximity to each listing of the prize in each place the prize appears in the written prize notice and shall be in not less than 10-point boldface type: "YOU MUST PAY $_____ IN ORDER TO RECEIVE OR USE THIS ITEM."
(4) The information required in a written prize notice under paragraph (1)(D) shall be on the first page of the written prize notice in not less than 10-point boldface type. The information required under paragraph (1)(F) and (G) shall be in not less than 10-point boldface type.
(5) If a written prize notice is given by a solicitor on behalf of a sponsor, the name of the sponsor shall be more prominently and conspicuously displayed than the name of the promoter.
(6) A solicitor or sponsor shall not do any of the following:
(A) Place on an envelope containing a written prize notice any representation that the person to whom the envelope is addressed has been selected or may be eligible to receive a prize.
(B) Deliver a written prize notice that contains language, or is designed in a manner, that would lead a reasonable person to believe that it originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector or law firm unless the written prize notice originates from that source.
(C) Represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has been selected to receive a particular prize unless the representation is true.
(d) If a prize notice requires or invites an individual to view, hear or attend a sales presentation in order to claim a prize, the sales presentation shall not begin until the solicitor does all of the following:
(1) Informs the individual of the prize, if any, that has been awarded to the individual.
(2) If the individual has been awarded a prize, delivers to the individual the prize or the item selected by the individual under subsection (e) if the prize is not available.
(e) (1) A solicitor who represents to an individual in a written prize notice that the individual has been awarded a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual:
(A) Any other prize listed in the written prize notice that is available and that is of equal or greater value.
(B) The verifiable retail value of the prize in the form of cash, a money order or a certified check.
(C) A voucher, certificate or other evidence of obligation stating that the prize will be shipped to the individual within 30 days at no cost to the individual.
(2) If a voucher, certificate of other evidence of obligation delivered under paragraph (1)(C) is not honored within 30 days, the solicitor shall deliver to the individual the verifiable retail value of the prize in the form of cash, a money order or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.
(f) Nothing in this section shall be construed to permit an activity otherwise prohibited by law.
(g) Any violation of this section is an unconscionable act or practice under the Kansas consumer protection act.
(h) In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this section may bring an action in any court of competent jurisdiction and shall recover all of the following:
(1) The greater of $500 or twice the amount of the pecuniary loss.
(2) Costs and reasonable attorney fees.
(i) The provisions of this section shall not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, videocassettes, periodicals and similar goods through a membership group or club which is regulated by the federal trade commission trade regulation rule concerning use of negative option plans by sellers in commerce or through a contractual plan or arrangement such as a continuity plan, subscription arrangement or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive such goods and the recipient of such goods is given the opportunity, after examination of the goods, to receive a full refund of charges for the goods or unused portion thereof, upon return of the goods or unused portion thereof, undamaged.
(j) This section shall be part of and supplemental to the Kansas consumer protection act.
History: L. 1994, ch. 277, ยง 1; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 50 - Unfair Trade And Consumer Protection

Article 6 - Consumer Protection

50-617 Receipt of unsolicited goods, wares or merchandise deemed gift, when; negative option invitation or announcement; defense in action for return; deceptive act or practice.

50-618 Unsolicited credit cards; rights of recipient when card lost or stolen.

50-619 Definitions.

50-620 Prohibited acts; certain information as to ownership of junk required; register.

50-621 Same; junk dealer prohibited from purchasing items of junk without receiving from seller information as to ownership; record of ownership.

50-622 Penalty.

50-623 Kansas consumer protection act; purpose; construction.

50-624 Definitions.

50-625 Waiver; agreement to forego rights; settlement of claims.

50-626 Deceptive acts and practices.

50-627 Unconscionable acts and practices.

50-628 Duties of the attorney general.

50-629 General powers of the attorney general.

50-630 Rule-making requirements.

50-631 Investigation of violations; remedies.

50-632 Remedies of the attorney general or any county or district attorney; procedure for sequestration.

50-633 Coordination with other supervision.

50-634 Private remedies.

50-635 Consumer protection act; application.

50-636 Civil penalties.

50-637 Powers of receiver; effect of receivership.

50-638 Jurisdiction and venue.

50-639 Disclaimer or limitation of warranties; liabilities; attorney fees, when; section inapplicable to seed for planting, livestock for agricultural purposes or disposal of surplus property by a governmental entity.

50-640 Door-to-door sales; cancellation; required disclosures; notice of cancellation; definition.

50-640a Individuals prohibited from engaging in door-to-door sales.

50-642 Citation of act.

50-643 Severability.

50-644 Thermal insulation, flame spread standards.

50-645 Motor vehicle warranties; definitions; consumer rights and remedies; enforcement by attorney general.

50-646 Same; other remedies.

50-647 Odometer fraud; civil remedies; definitions.

50-648 Odometer fraud; purchase of motor vehicle voided; consumer remedies.

50-649 Odometer fraud; enforcement by attorney general.

50-650 Odometer fraud; purchase of motor vehicle not voided; consumer remedies.

50-651 Odometer fraud; civil penalty.

50-652 Odometer statement required; exceptions.

50-653 Title search disclosure; supplier no liability if disclosed.

50-653a Odometer fraud; attorney general investigations of violations; subpoena power.

50-654 Kansas collision damage waiver act; citation.

50-655 Application of act.

50-656 Definitions.

50-657 Rental agreement; collision damage waiver; requirements.

50-658 Collision damage waiver; deceptive acts or practices.

50-659 Vehicle dealer's duty to disclose specific facts; failure to disclose creates rebuttable presumption; definitions; deceptive act or practice.

50-660 After market parts; definitions.

50-661 Disclosure by insurer to use after market parts; violations.

50-662 Disclosure requirements; installer of parts responsible for negligent installation.

50-663 Enforcement under consumer protection act; deceptive act or practice.

50-664 Vehicles not covered by act.

50-665 Failure to disclose by vehicle dealer that vehicle is being sold by dealer.

50-666 Invention promotion services; definitions.

50-667 Same; disclosures; required information and statement in contract.

50-668 Deceptive act or practice; supplemental to Kansas consumer protection act.

50-669 Required presentation of credit card when writing a check; exceptions.

50-669a Prohibiting the taking of personal information when using a credit card.

50-669b Prohibiting printing of credit card or debit card account numbers on receipts.

50-670 Kansas no-call act; definitions; requirements and prohibitions; remedies.

50-670a Same; no-call list; prohibitions; remedies; attorney general, powers and duties.

50-671 Definitions.

50-672 Verbal agreement not valid unless signed confirmation; consumer not liable for payment, when; right to cancel.

50-673 When law inapplicable; implied warranty of telemarketer exempted pursuant to this section; consumer's right to cancel and refund.

50-674 Where law enforced.

50-675 Supplemental to Kansas consumer protection act; unconscionable acts.

50-676 Protected consumer; definitions.

50-677 Same; enhanced civil penalty.

50-678 Same; factors to consider in imposition of enhanced civil penalty.

50-679 Same; cause of action; priority over enhanced civil penalty.

50-679a K.S.A. 50-676 through 50-679 supplemental to consumer protection act.

50-680 Title of act.

50-681 Definitions.

50-682 Lease-purchase agreements; scope; applicability of other laws.

50-683 Same; required disclosures by lessor, when and how.

50-684 Same; required disclosures in agreement.

50-685 Same; proscribed provisions.

50-686 Same; consumer's right to reinstate agreement.

50-687 Same; written receipt required.

50-688 Same; renegotiations.

50-689 Same; advertisements.

50-690 Same; unconscionable act or practice.

50-692 Prize notification; definitions; requirements of notice and solicitation; violations.

50-696 Definitions.

50-697 Warranty of manufacturer who sells assistive device to consumer; repair of nonconforming assistive device; remedies of nonconformity not repaired; current value of written lease; reasonable allowance.

50-698 Duties of consumer to receive comparable new assistive device or refund; duties of manufacturer and assistive device lessor.

50-699 Enforcement of lease agreement prohibited in certain circumstances; full written disclosure required prior to sale or lease of returned assistive device.

50-6,100 Arbitration of disputes.

50-6,101 Rights or remedies of consumer not limited; waiver by consumer of rights void; action to recover damages.

50-6,102 Act part of and supplemental to Kansas consumer protection act; deceptive practices; enforcement by attorney general; other rights and remedies not limited.

50-6,103 Telecommunications services; unauthorized change of provider or addition of services.

50-6,104 Sale of cigarettes in violation of cigarette and tobacco products act.

50-6,105 Method of payment; express authorization required; when.

50-6,106 Unconscionable acts; remedies.

50-6,107 Commercial electronic mail act; definitions; consumer rights, requirements and prohibitions; private actions to seek relief; civil penalty; affirmative defense; unconscionable acts or practices.

50-6,108 Gift certificates or gift cards; regulation of; exceptions; definitions.

50-6,109 Scrap metal theft reduction act; definitions.

50-6,109a Same; implementation, administration and enforcement by attorney general and Kansas bureau of investigation; rules and regulations; scrap metal theft reduction fee fund and scrap metal data repository fund; database, requirements; report to...

50-6,109b Same; violations, powers of attorney general.

50-6,109c Same; violations, civil penalty; appeal.

50-6,109d Same; civil action by attorney general; penalty.

50-6,109e Same; engaging in business, jurisdiction; administrative or civil action, venue.

50-6,109f Scrap metal; regulation by municipality, limitations.

50-6,110 Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer's register; exceptions; rules and regulations.

50-6,111 Unlawful acts, scrap metal dealer; required information; records.

50-6,112a Scrap metal dealer registration; fees.

50-6,112b Same; persons and business entities prohibited from registration.

50-6,112c Same; suspension or revocation; appeal.

50-6,112d Same; expiration of act.

50-6,113 Pest inspections relating to real estate transactions; certification required; deceptive act.

50-6,114 Vehicle protection products; definitions; not insurance.

50-6,115 Same; incidental costs; conditions.

50-6,116 Truth in musical performance advertising act.

50-6,117 Same; definitions.

50-6,118 Same; unlawful advertising of a live musical performance; exceptions.

50-6,119 Same; civil penalty.

50-6,120 Same; affirmative defense.

50-6,121 Kansas roofing registration act; citation.

50-6,122 Same, definitions.

50-6,123 Same; registration certificate required; penalties.

50-6,124 Same; administration of act; rules and regulations.

50-6,125 Same; registration application requirements; refusal to register; notification.

50-6,126 Same; criminal history record inquiry.

50-6,127 Same; duties of roofing contractor.

50-6,128 Same; fees; roofing contractor registration fund.

50-6,129 Same; exemptions.

50-6,130 Same; application for registration, time limit for processing.

50-6,131 Same; notification of attorney general required, when; fees.

50-6,132 Same; roofing contractor registration certificate renewal; reinstatement fee.

50-6,133 Same; violations; complaints; investigations; subpoenas.

50-6,134 Same; nonresident roofing contractor registration requirements; agent for service of process.

50-6,135 Same; disclosure of roofing contractor's registration certificate number.

50-6,136 Same; information system, establishment of.

50-6,137 Same; effect on other statutes.

50-6,138 Same; deceptive or unconscionable acts or practices.

50-6,138a Violations; general contractor's duty to report.

50-6,138b Letter of exemption for general contractor.

50-6,139 Identity theft; identity fraud; unconscionable act or practice; Wayne Owen act.

50-6,139a Attorney general assistance for victims of identity-related crimes.

50-6,139b Requirements for holders of personal information.

50-6,140 Bad faith assertion of patent infringement; unconscionable act or practice.

50-6,141 Unlicensed conduct as a bail enforcement agent; penalties.

50-6,142 Unauthorized practice of law; penalties.

50-6,143 Residential real estate insurance policy; assignment of rights or benefits to contractor.