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Kansas Deceptive Trade Practices Laws

Federal and state laws try to protect consumers from being deceived by unfair and misleading business practices. These deceptive trade practices tempt unsuspecting consumers into buying products or services that no one would’ve bought if they knew the truth about them. Kansas also has enacted consumer protection laws, including false advertising and vehicle odometer tampering laws, to protect its residents.

The following chart outlines the main deceptive trade practices laws in Kansas.

Code Section Kansas Statutes Chapter 50: Unfair Trade and Consumer Protection, Article 6: Consumer Protection
Uniform Deceptive Trade Practices Act Kansas didn’t adopt the Deceptive Trade Practices Act created by the Uniform Law Commissioners, but it did enact its own consumer protection laws.
What is Prohibited? Kansas law prohibits many different bad business acts as being deceptive acts and practices, including the following:
  • Knowingly making false representations about:
    • Approval, characteristics, uses, benefits, or qualities of goods or services
    • Supplier affiliation, status, or connection
    • A good is new or original if it’s reconditioned, altered, or secondhand
    • The quality, grade, style, or model of goods or services
    • Discount or rebate to induce a consumer to make a transaction if it’s contingent on another event occurring after entering the transaction
  • Willful oral or written representation, exaggeration, or ambiguity as to a material fact
  • Willful failure to state, omission, or concealment of a material fact
  • Disparaging the business, services, or property of another, knowing it’s misleading
  • Offering goods or services without the intent to sell them or to supply reasonable demand, unless offer discloses the limitations
  • Making false or misleading statements about reasons for or existence of price reductions (such as “going out of business” sale when not going out of business) or comparing prices with competitors
  • Falsely saying that services, replacements, or repairs are needed
  • Sending solicitations for goods or services that could be interpreted as a bill or statement unless a specific statutory notice is clearly provided
  • Soliciting for products or services based on mortgage leads, unless clearly stated that it’s not affiliated with the lender or broker consumer applied to
False Advertising False advertising is prohibited in Kansas, including:
  • Using in a printed ad a name that includes the city or region in Kansas that makes it appear the business is based there, unless the business is based there or the complete address is provided in the ad
    • Doesn’t apply to trademarks, business names that are merely last names, or publishers who didn’t know the business wasn’t in fact in that city or area
  • Advertising a live musical performance through false, deceptive, or misleading affiliations or connections
    • Doesn’t apply to registered patents, if at least one member of the performing group is there - if still affiliated with the group, it’s clearly labeled a tribute performance, and radio or news services advertising that didn’t know it was false advertising
Who Can Sue and for What Remedies? The attorney general or any county or district attorney can sue for a declaratory judgment that an act violates these trade laws, restraining order to stop this act, to recover damages for consumers, and to get their expenses covered.

An individual consumer who’s been damaged can also sue to stop the actions and get damages, as well as attorney fees and a civil penalty of up to $20,000 per violation. Class action lawsuits are also possible.
Auto Odometer Tampering Kansas law prohibits auto odometer tampering, which is knowingly setting back, disconnecting, or changing an odometer to reflect a lower than true mileage. This is a level 9 non-person felony that can be punished by 5 to 17 months probation or jail, depending on prior criminal history.

If you’ve been harmed by a business or individual using deceptive practices in their trade, you can file a complaint with the Kansas Attorney General’s Office online or call its Consumer Protection Hotline at 1-800-432-2310. You may also want to seek the advice of an experienced, local consumer protection attorney to learn more about your legal options.

Note: State laws are revised constantly, please speak to a lawyer or conduct your own legal research to verify these consumer laws.

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