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:
|False Advertising||False advertising is prohibited in Kansas, including:
|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.
Research the Law
Contact a qualified attorney.