Kansas Consumer Law

In Kansas, the mini-FTC act is the Kansas – Deceptive Consumer Sales Act.  Under this legislation, plaintiffs have a cause of action when a ”supplier” defined as; “A seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions, including soliciting a consumer transaction by using a telephone facsimile machine to transmit an unsolicited advertisement. The term includes a manufacturer, wholesaler, or retailer, whether or not the person deals directly with the consumer.” OR “A person who contrives, prepares, sets up, operates, publicizes by means of advertisements, or promotes a pyramid promotional scheme.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is astatute of limitations for actions under the statute of two years within occurrence of the deceptive act.

            A successful plaintiff is entitled to damages as potential remedies for a violation.  Damages under the statute are the greater of damages actually suffered or $500; or for a willful deceptive act, damages are capped at the greater of three-times actual damages or $1,000, and attorneys’ fees are recoverable by the prevailing party.  Class actions are permitted under the statute.