Requiring any person who solicits a fee for filing or retrieving certain documents from the federal government, the state, a state agency or a local government to give certain notices to consumers and providing that violation of such requirements is a deceptive act or practice subject to penalties under the Kansas consumer protection act.

HOUSE BILL No. 2118
AN ACT concerning consumer protection; requiring any person who solicits a fee for filing
or retrieving certain documents from the federal government, the state, a state agency
or a local government to give certain notices to consumers; providing that violation
of such requirements is a deceptive act or practice subject to penalties under the
Kansas consumer protection act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section applies to any person other than the
federal government, the state, a state agency or a local government who
solicits a fee for filing a document with, or retrieving a copy or certified
copy of a certificate or public record from, the federal government, the
state, a state agency or a local government.
(b) A person who solicits as described in subsection (a) shall
include in each solicitation:
(1) A statement in the solicitation, in the same language as the
solicitation, that is identical or substantially similar to the following:
"This is an advertisement. This offer is not being made by, or on behalf
of, any government agency. You are not required to make any payment
or take any other action in response to this offer." If the solicitation is in
writing, the statement shall be in at least 24-point type and located at
the top of the physical document or the beginning of the electronic
communication;
(2) the name of the person making the solicitation and the person's
physical address, which shall not be a post office box;
(3) information on where the consumer can file a document
directly with the secretary of state or retrieve a copy or certified copy of
a certificate or public record; and
(4) if the solicitation is mailed, the words "THIS IS NOT A
GOVERNMENT DOCUMENT" in 24-point type and all capital letters
on the envelope, outside cover or wrapper in which the solicitation is
mailed.
(c) A solicitation described in subsection (a) shall not be in a form
or use deadline dates or other language that makes the document appear
to be issued by the federal government, the state, a state agency or a
local government, or that appears to impose a legal duty on the person
being solicited.
(d) A violation of this section shall constitute a deceptive act or
practice as provided in K.S.A. 50-626, and amendments thereto. For
the purposes of the remedies and penalties provided by the Kansas
consumer protection act, the person committing the conduct prohibited
by this section shall be deemed the supplier and the person who is the
victim of such conduct shall be deemed the consumer. Proof of a
consumer transaction shall not be required.
(e) As used in this section, "solicit" or "solicitation" means to
directly advertise to a person. "Solicit" and "solicitation" do not
include:
(1) Communication initiated by a consumer; or
(2) advertising or marketing to a consumer with whom the
solicitor has a current or former commercial relationship.
(f) This section shall be a part of and supplemental to the Kansas
consumer protection act.
HOUSE BILL No. 2118—page 2
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.

Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.