Kansas Telemarketing Fraud Laws

Created by FindLaw's team of attorney writers and editors.

Kansas has a number of laws that protect consumers from telemarketing fraud. Telemarketing fraud occurs when people or businesses make false or misleading statements or promises over the phone in exchange for cash or some other thing of value.

Kansas Consumer Protection Act

The Kansas Consumer Protection Act prohibits deceptive and unconscionable trade practices in the sale, lease, or advertisement of a product or service. Telemarketing fraud is considered a deceptive or unconscionable trade practice and falls under the Kansas Consumer Protection Act.

Federal "Do Not Call" Registry

Kansas does not have its own "do not call" list but the Attorney General has encouraged residents to sign up for the federal "Do Not Call" registry. A telemarketer can't call any person on the list more than 30 days after the person has registered. A violation is considered an unconscionable act or practice prohibited by the Kansas Consumer Protection Act. Additionally, under Kansas' "No Call Act" it is also illegal for a telemarketer to continue with a solication after receiving a negative response from a consumer, use an automated dialing-announcing device, or withhold their number from a caller identification service. The following is a quick summary of Kansas telemarketing fraud laws.

Kansas Telemarketing Fraud Laws

The following table outlines telemarketing fraud laws in Kansas.

Code Sections

KAN. STAT. ANN. ยง 50-623 et seq.

What is Prohibited?

Deceptive Acts and Practices:

Some examples of deceptive acts and practices include:

  • Knowingly representing that an item or service has sponsorship, approval, accessories, characteristics, ingredients, uses, benefits or quantities that it does not have
  • Purposely failing to state, concealing, suppressing, or omitting a material fact
  • Offering property or services with no intent to sell them

Unconscionable Acts and Practices:

Some examples of unconscionable acts and practices include transactions where:

  • It was known that the consumer was unlikely to be able to pay in full
  • The consumer received no material benefit
  • The supplier made a misleading statement which the consumer was likely to rely upon to their detriment

Prize Notifications:

There are also various restrictions on prize notifications. For example, a telemarketer who represents that a person has been selected or may be eligible to receive a prize cannot request or accept payment or imply that payment is required imply before the individual receives a written prize notice.

Remedies

Criminal and civil penalties including fines, injunctions, restraining orders, individual damages, and reasonable attorney's fees.

The corporation may also be dissolved and/or licenses, permits, or certificates of the company or person revoked or suspended.

The Attorney General or district or county attorney may also seek a penalty of $10,000 for each violation of the Kansas Consumer Protection Act and impose a penalty of $20,000 for each violation of a court order such as an injunction or restraining order.

Enforcement Attorney General or district or county attorney.
Do Not Call Registry Telemarketers are prevented from calling a person who has been on the federal Do Not Call registry for 30 days.

Federal Protections against Telemarketing Fraud

The FCC, FTC, and U.S. Department of Justice enforce federal telemarketing laws, violations of the National "Do Not Call" Registry, and deceptive business practices, including:

FTC's Telephone Sales Rule ("TSR")
FCC's Telephone Consumer Protection Act ("TCPA")
Fair advertising and consumer protection laws like the Federal Trade Commission Act

Enforcement Agencies

If you feel you have been victimized by a telemarketing scam, you may contact any of the following for assistance:

Kansas Attorney General: 1-800-432-2310 (Consumer Protection Hotline)
Federal Trade Commission: 1-877 FTC-HELP or 1-877-382-4357
Federal Communications Commission: 1-888-CALL-FCC or 1-888-225-5322

Telemarketing fraud and the laws prohibiting it can be complicated. You may want to contact a Kansas consumer protection attorney for questions about your specific situation.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.