50-6,100. Arbitration of disputes. (a) Each consumer shall have the option of submitting any dispute arising under this act to arbitration. Upon application of the consumer all manufacturers shall submit to such arbitration. (b) Such arbitration shall be conducted in accordance with the provisions of the uniform arbitration act, K.S.A. 2021 Supp. 5-423 through 5-453, […]
50-6,101. Rights or remedies of consumer not limited; waiver by consumer of rights void; action to recover damages. (a) This act shall not be construed to limit rights or remedies available to a consumer under any other law. (b) Any waiver by a consumer of rights under this act is void. (c) In addition to […]
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. (a) This act shall be part of and supplemental to the Kansas consumer protection act. (b) Any failure to comply with the provisions or requirements, or both, of this act is a […]
50-6,103. Telecommunications services; unauthorized change of provider or addition of services. (a) As used in this section: (1) “Express authorization” means an express, affirmative act by a consumer clearly agreeing to a change in the consumer’s telecommunications carrier or local exchange carrier to another carrier. (2) “Supplemental telecommunication services” means any property or services for […]
50-6,104. Sale of cigarettes in violation of cigarette and tobacco products act. A violation of subsection (u), (v) or (w) of K.S.A. 79-3321 or K.S.A. 2005 Supp. 79-3395, and amendments thereto, shall constitute an unlawful trade practice as provided in K.S.A. 50-626, and amendments thereto. In addition to any remedies or penalties set forth in […]
50-6,105. Method of payment; express authorization required; when. (a) No supplier shall obtain or submit for payment, other than for the continuation of existing and recurrent services, services provided by a public utility as defined in K.S.A. 66-104, and amendments thereto, services provided by a wireless carrier as defined in K.S.A. 12-5301, and amendments thereto, […]
50-6,106. Unconscionable acts; remedies. (a) It shall be an unconscionable act within the meaning of K.S.A. 50-627, and amendments thereto, for any supplier to profiteer from a disaster. (b) As used in this section: (1) “Profiteer from a disaster” means unjustifiably increasing during a time of disaster the price at which any necessary property or […]
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. (a) This act shall be known as the commercial electronic mail act. (b) As used in this act: (1) “Assist the transmission” means actions taken by a person to provide substantial […]
50-6,108. Gift certificates or gift cards; regulation of; exceptions; definitions. (a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or gift card to a purchaser containing an expiration date which is less than five years from the date of purchase. (b) A gift certificate or […]
50-6,109. Scrap metal theft reduction act; definitions. (a) K.S.A. 2021 Supp. 50-6,109 through 50-6,112c, and amendments thereto, shall be known and may be cited as the scrap metal theft reduction act. (b) As used in the scrap metal theft reduction act: (1) “Scrap metal dealer” means any individual, firm, company, partnership, association or corporation that […]
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 legislature. (a) The attorney general is hereby given jurisdiction and authority over all matters involving the implementation, administration and enforcement of the […]
50-6,109b. Same; violations, powers of attorney general. (a) If, by the attorney general’s own inquiries or as a result of complaints, the attorney general has reason to believe that a person has engaged in, is engaging in or is about to engage in an act or practice that violates the scrap metal theft reduction act, […]
50-6,109c. Same; violations, civil penalty; appeal. (a) Any scrap metal dealer who violates any of the provisions of the scrap metal theft reduction act, in addition to any other penalty provided by law, may incur a civil penalty imposed pursuant to subsection (b) in an amount not less than $100 nor more than $5,000 for […]
50-6,109d. Same; civil action by attorney general; penalty. (a) The attorney general may bring a civil action to: (1) Obtain a declaratory judgment that an act or practice violates the scrap metal theft reduction act; (2) enjoin, or to obtain a restraining order against any person who has violated, is violating, or is otherwise likely […]
50-6,109e. Same; engaging in business, jurisdiction; administrative or civil action, venue. (a) Any person, whether or not a resident or citizen of this state, who in person or through an agent or an instrumentality, engages in business as a scrap metal dealer as defined in the scrap metal theft reduction act, thereby submits the person […]
50-6,109f. Scrap metal; regulation by municipality, limitations. (a) A municipality shall not enact or enforce any ordinance, resolution or regulation relating to the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act. (b) Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, […]
50-6,110. Unlawful acts, person selling regulated scrap metal; information required; signed statement; photographs; dealer’s register; exceptions; rules and regulations. (a) It shall be unlawful for any person to sell any item or items of regulated scrap metal to a scrap metal dealer, or employee or agent of a dealer, in this state unless such person […]
50-6,111. Unlawful acts, scrap metal dealer; required information; records. (a) It shall be unlawful for any such scrap metal dealer, or employee or agent of the dealer, to purchase any item or items of regulated scrap metal in a transaction for which K.S.A. 2021 Supp. 50-6,110, and amendments thereto, requires information to be presented by […]
50-6,112a. Scrap metal dealer registration; fees. (a) A scrap metal dealer shall not purchase any regulated scrap metal without having first registered each place of business with the attorney general as herein provided. (b) The attorney general shall establish a system for the public to confirm scrap metal dealer registration certificates. Such system shall include […]
50-6,112b. Same; persons and business entities prohibited from registration. (a) After examining the information contained in a filing for a scrap metal dealer registration and determining the registration meets the statutory requirements for such registration, the attorney general shall accept such filing and the scrap metal dealer shall be deemed to be properly registered. (b) […]
