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Session of 2025
HOUSE BILL No. 2300
By Committee on Judiciary
Requested by Representative Barth
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AN ACT concerning the Kansas consumer protection act; establishing
limitations for solicitation
of consumer transactions by suppliers based on residence and capacity;
defining consumer and supplier to include land transactions for wind or
solar energy projects; permitting a consumer to revoke a lease or
contract for wind or solar energy projects; amending K.S.A. 50-632,
50-634 and 50-640 and K.S.A. 2024 Supp. 50-624 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) A supplier shall not initiate or attempt to
communicate through a door-to-door sale, as defined in K.S.A. 50-640,
and amendments thereto, with any consumer who is receiving inpatient
services at a hospital or who resides in a nursing home, adult care home,
assisted living facility or residential healthcare facility, unless:
(1) A supplier sends written information on a potential consumer
transaction to such consumer through certified mail, with return receipt
requested, seeking the consumer's consent to conduct a door-to-door sale,
as defined in K.S.A. 50-640, and amendments thereto. The maximum
number of written communications with respect to any potential consumer
transactions that a supplier may send to a given consumer shall not exceed
two in a calendar year; and
(2) after receiving such written information, the consumer consents to
communication regarding the door-to-door sale, subject to subsection (b)
and (c).
(b) If the supplier has reason to know or has been informed that a
consumer has diminished capacity for the door-to-door sale, the supplier
shall cease communication with such consumer, unless the supplier has
verified that the consumer has the legal capacity to enter into a contract.
(c) If a consumer has diminished capacity, the consumer may appoint
a representative who has agreed to:
(1) Be present throughout all oral communications between the
supplier and the consumer; and
(2) receive copies of the supplier's written or electronic
communications to the consumer.
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(d) Any provision in a consumer transaction contract shall be
unenforceable to the extent that the provision prohibits or restricts the
recording or videotaping of communications pertaining to the negotiation
or preparation of, the contents of or the performance under such contract.
(e) Any provision in a consumer transaction contract shall be
unenforceable to the extent that the provision prohibits or restricts the
disclosure of any:
(1) Contents of such contract;
(2) information regarding the negotiation or preparation of, or the
performance under, such contract; or
(3) sound or video recordings of communications pertaining to t he
negotiation or preparation of, the contents of or the performance under
such contract between any consumer or any consumer representative and
any supplier:
(A) To any federal, state, county or local government or political
subdivision or law enforcement agency;
(B) in any court filings, subject to any confidentiality order that a
court may issue; or
(C) in any testimony or statement made by the consumer or on the
consumer's behalf by the consumer's representative in any hearing or other
proceeding held by any federal, state, county or local government or
political subdivision. This subparagrpah shall not render unenforceable
any confidentiality provision in a consumer transaction contract to the
extent that it prohibits or restricts the disclosure of the amount of
compensation to be paid to the consumer under such contract.
(f) This section shall not be waived by parties pursuant to K.S.A. 50-
625, and amendments thereto.
(g) As used in this section:
(1) "Affiliate" means any individual or any company, partnership or
other legal entity that, directly or indirectly through one or more
intermediaries, controls, or is controlled by, or is under common control
with the supplier. For purposes of this definition, "control" and derivatives
thereof mean with respect to an entity:
(A) The ownership, directly or indirectly, of 30% or more of the
issued and outstanding voting securities or other voting ownership
interests of such entity; or
(B) the possession, directly or indirectly, of the power to direct or
cause the direction of the management and operating policies of such
entity, whether through the ownership of voting securities, partnership
interests or other ownership interests, through the ownership of assets,
through a financing or lending relationship, by contract, voting trust or
other instrument.
(2) "Consumer" means the same as defined in K.S.A. 50-624, and
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amendments thereto.
(3) "Supplier" means the same as defined in K.S.A. 50-624, and
amendments thereto, a supplier's affiliate or the supplier's representative.
(4) "Supplier's representative" means any director, officer, employee,
agent, consultant or legal counsel of a supplier or a supplier's affiliate.
(h) This section shall be a part of and supplemental to the Kansas
consumer protection act.
Sec. 2. K.S.A. 2024 Supp. 50-624 is hereby amended to read as
follows: 50-624. As used in this act:
(a) "Agricultural purpose" means a purpose related to the production,
harvest, exhibition, marketing, transportation, processing or manufacture
of agricultural products by a consumer who cultivates, plants, propagates
or nurtures the agricultural products. "Agricultural products" includes
agricultural, horticultural, viticultural, and dairy products, livestock,
wildlife, poultry, bees, forest products, fish and shellfish, and any products
thereof, including processed and manufactured products, and any and all
products raised or produced on farms and any processed or manufactured
products thereof.
(b) "Consumer" means:
(1) An individual, husband and wife, sole proprietor, or family
partnership who seeks or acquires property or services for personal,
family, household, business or agricultural purposes; or
(2) an individual, husband and wife, sole proprietor, family
partnership or trustee of a self-settle living trust who has the right to
convey any estate or interest in land through a lease, option, easement or
other contractual obligation pertaining to land use for the purpose of
building and operating a meteorological evaluation tower or sodar unit or
for commercial production or transmission of electricity through wind or
solar generation resources.
(c) "Consumer transaction" means:
(1) A sale, lease, assignment or other disposition for value of
property or services within this state , except insurance contracts regulated
under state law, to a consumer; or a solicitation by a supplier with respect
to any of these dispositions; or
(2) the soliciting or obtaining by a supplier or any of the supplier's
affiliates or any of the supplier's representatives of or the granting by a
consumer of a lease of land, option, easement or other contractual
obligation pertaining to land use for the purpose of building and
operating a meteorological evaluation tower or sodar unit or for
commercial production or transmission of electricity through wind or
solar generation resources . "Consumer transaction" does not include the
disposition of repossessed collateral by any supplier that is subject to and
compliant with any state or federal law or rules and regulations with
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regard to disposition of such repossessed collateral.
(d) "Family partnership" means a partnership in which all of the
partners are natural persons related to each other, all of whom have a
common ancestor within the third degree of relationship, by blood or by
adoption, or the spouses or the stepchildren of any such persons, or
persons acting in a fiduciary capacity for persons so related.
(e) "Final judgment" means a judgment, including any supporting
opinion, that determines the rights of the parties and concerning which
appellate remedies have been exhausted or the time for appeal has expired.
(f) "Lender" means a bank, savings and loan association, savings
bank, credit union, finance company, mortgage bank, mortgage broker and
any affiliate.
(g) "Merchantable" means, in addition to the qualities prescribed in
K.S.A. 84-2-314, and amendments thereto, in conformity in all material
respects with applicable state and federal statutes and regulations
establishing standards of quality and safety.
(h) "Mortgage trigger lead" means a consumer report obtained
pursuant to section 604(c)(1)(B) of the federal fair credit reporting act, 15
U.S.C. § 1681b, where the issuance of the report is triggered by an inquiry
made with a consumer reporting agency in response to an application for
credit. Any consumer report on an applicant obtained by a lender with
whom the applicant has initially applied for credit or who holds or services
an existing extension of credit of the applicant who is the subject of the
report is not considered a mortgage trigger lead.
(i) "Person" means any individual, corporation, government,
governmental subdivision or agency, business trust, estate, trust,
partnership, association, cooperative or other legal entity.
(j) "Property" includes real estate, goods and intangible personal
property.
(k) "Services" includes:
(1) Work, labor and other personal services;
(2) privileges with respect to transportation, hotel and restaurant
accommodations, education, entertainment, recreation, physical culture,
hospital accommodations, funerals and cemetery accommodations; and
(3) making a payment and agreeing to perform contractual
obligations in consideration of receiving from a consumer lease, option,
easement or other contractual obligation pertaining to land use for the
purpose of building and operating a meteorological evaluation tower or
sodar unit or for commercial production or transmission of electricity
through wind or solar generation resources; and
(4) any other act performed for a consumer by a supplier.
(l) "Supplier" means a manufacturer, distributor, dealer, seller, lessor,
assignor, or other person who, in the ordinary course of business, solicits,
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engages in or enforces consumer transactions, whether or not dealing
directly with the consumer. "Supplier" includes any person who solicits or
seeks to obtain or obtains a lease, option, easement or other contractual
obligation pertaining to land use for the purpose of building and
operating a meteorological evaluation tower or sodar unit or for
commercial production or transmission of electricity through wind or
solar generation resources.
Sec. 3. K.S.A. 50-632 is hereby amended to read as follows: 50-632.
(a) The attorney general or any county or district attorney may bring an
action to:
(1) To Obtain a declaratory judgment that an act or practice violates
this act;
(2) to enjoin, or to obtain a restraining order against a supplier who
has violated, is violating, or is otherwise likely to violate this act; or
(3) obtain an order revoking a lease, option easement or other
contractual obligation pertaining to land use for the purpose of building
and operating a meteorological evaluation tower or sodar unit or for
commercial production or transmission of electricity through wind or
solar generation resources;
(4) to recover damages on behalf of consumers by reason of
violations of this act; and or
(4)(5) to recover reasonable expenses and investigation fees.
(b) In lieu of instigating or continuing an action or proceeding, the
attorney general may accept a consent judgment with respect to any act or
practice declared to be a violation of this act. Such a consent judgment
shall provide for the discontinuance by the supplier entering the same of
any act or practice declared to be a violation of this act, and it may include
a stipulation for the payment by such supplier of reasonable expenses and
investigation fees incurred by the attorney general. The consent judgment
also may include a stipulation for restitution to be made by such supplier
to consumers of money, property or other things received from such
consumers in connection with a violation of this act and also may include a
stipulation for specific performance. Any consent judgment entered into
pursuant to this section shall not be deemed to admit the violation, unless
it does so by its terms. Before any consent judgment entered into pursuant
to this section shall be effective, it must be approved by the district court
and an entry made thereof in the manner required for making an entry of
judgment. Once such approval is received, any breach of the conditions of
such consent judgment shall be treated as a violation of a court order, and
shall be subject to all the penalties provided by law therefor.
(c) In any action brought by the attorney general or the county or
district attorney, the court may, without requiring bond of the attorney
general or the county or district attorney:
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(1) Make such orders or judgments as may be necessary to prevent
the use or employment by a supplier of any practices declared to be a
violation of this act;
(2) make such orders or judgments as may be necessary to
compensate any consumer for damages sustained;
(3) make such orders or judgments as may be necessary to carry out a
transaction in accordance with consumers' reasonable expectations;
(4) appoint a master or receiver or order sequestration of property
whenever it shall appear that the supplier threatens or is about to remove,
conceal or dispose of property to the damage of consumers to whom
restoration would be made under this subsection or whenever it shall
appear that the property was derived or is commingled with other property
derived from transactions involving violations of the act, the court shall
assess the expenses of a master or receiver against the supplier;
(5) revoke any license or certificate authorizing that supplier to
engage in business in this state;
(6) issue a temporary restraining order or enjoin any supplier from
engaging in business in this state;
(7) award reasonable expenses and investigation fees, civil penalties
and costs; and
(8) grant other appropriate relief.; and
(9) revoke a lease, option, easement or other contractual obligation
pertaining to land use for the purpose of building and operating a
meteorological evaluation tower or sodar unit or for commercial
production or transmission of electricity through wind or solar generation
resources.
(d) If an order of sequestration is issued pursuant to paragraph (4) of
subsection (c)(4):
(1) Application for such order shall be by motion verified by an
affidavit setting forth facts in support thereof and the court may hear such
motion ex parte;
(2) such order shall operate as a lien on the sequestered property and
may contain other provisions as the court deems appropriate;
(3) if such order of sequestration was issued ex parte, such order shall
be served upon the supplier whose property is sequestered not later than
five days after such order is issued. Service shall be by any manner
permitted by the code of civil procedure or by ordinary first class mail to
the last known address of the supplier;
(4) a supplier whose property is sequestered may file a motion to
dissolve the sequestration, verified by affidavit, putting in issue the
sufficiency of the proceedings, the supplier's claim of exemption as to any
property which has been sequestered, or the truth of the facts alleged in the
affidavit on which the sequestration was ordered. The court shall hold a
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hearing on the motion within five days after the filing; and
(5) upon a finding that the party which obtained an ex parte order of
sequestration knew or should have known that grounds for sequestration
did not exist, the court, upon a motion to dissolve, may allow actual
damages for the wrongful sequestration.
Sec. 4. K.S.A. 50-634 is hereby amended to read as follows: 50-634.
(a) Whether a consumer seeks or is entitled to damages or otherwise has an
adequate remedy at law or in equity, a consumer aggrieved by an alleged
violation of this act may bring an action to:
(1) Obtain a declaratory judgment that an act or practice violates this
act; or
(2) enjoin or obtain a restraining order against a supplier who has
violated, is violating or is likely to violate this act.; or
(3) revoke any lease, option, easement or other contractual
obligation pertaining to land use for the purpose of building and
operating a meteorological evaluation tower or sodar unit or for
commercial production or transmission of electricity through wind or
solar generation resources resulting from a violation of this act.
(b) A consumer who is aggrieved by a violation of this act may
recover, but not in a class action, damages or a civil penalty as provided in
subsection (a) of K.S.A. 50-636(a), and amendments thereto, whichever is
greater.
(c) Whether a consumer seeks or is entitled to recover damages or has
an adequate remedy at law, a consumer may bring a class action for
declaratory judgment, an injunction and appropriate ancillary relief, except
damages, against an act or practice that violates this act.
(d) A consumer who suffers loss as a result of a violation of this act
may bring a class action for the damages caused by an act or practice:
(1) Violating any of the acts or practices specifically proscribed in
K.S.A. 50-626, 50-627 and 50-640, and amendments thereto, or
(2) declared to violate K.S.A. 50-626 or 50-627, and amendments
thereto, by a final judgment of any district court or the supreme court of
this state that was either officially reported or made available for public
dissemination under subsection (a)(3) of K.S.A. 50-630 (a)(3), and
amendments thereto, by the attorney general 10 days before the consumer
transactions on which the action is based, or
(3) with respect to a supplier who agreed to it, was prohibited
specifically by the terms of a consent judgment which became final before
the consumer transactions on which the action is based.
(e) Except for services performed by the office of the attorney general
or the office of a county or district attorney, the court may award to the
prevailing party reasonable attorney fees, including those on appeal,
limited to the work reasonably performed if:
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(1) The consumer complaining of the act or practice that violates this
act has brought or maintained an action the consumer knew to be
groundless and the prevailing party is the supplier; or a supplier has
committed an act or practice that violates this act and the prevailing party
is the consumer; and
(2) an action under this section has been terminated by a judgment, or
settled.
(f) Except for consent judgments, a final judgment in favor of the
attorney general under K.S.A. 50-632 , and amendments thereto , is
admissible as prima facie evidence of the facts on which it is based in later
proceedings under this section against the same supplier or a supplier in
privity.
(g) Notice of an action commenced pursuant to subsection (b) or (c),
or an appeal of such action, shall be given to the attorney general, but
failure to do so shall not provide a defendant a defense in such action.
Sec. 5. K.S.A. 50-640 is hereby amended to read as follows: 50-640.
(a) Except as provided in subsection (c)(1)(C), in addition to any right
otherwise to revoke, a consumer has the right to cancel a door-to-door sale
made within this state until midnight of the third business day after the day
on which the consumer signs an agreement or offer to purchase which
includes the disclosures required by this section.
(b) In connection with any door-to-door sale made within this state, it
constitutes an unfair and deceptive act or practice within the meaning of
K.S.A. 50-626, and amendments thereto, for any supplier to:
(1) Fail to furnish the consumer with a fully completed receipt or
copy of any contract pertaining to such sale at the time of its execution,
which is in the same language, Spanish for example, as that principally
used in the oral sales presentation and which shows the date of the
transaction and contains the name and address of the supplier, and in
immediate proximity to the space reserved in the contract for the signature
of the consumer or on the front page of the receipt if a contract is not used
and in boldface type of a minimum size of 10 points, a statement in
substantially the following form:
"YOU THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY
TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER
THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE
OF CANCELLATION FORM FOR AN EXPLANATION OF THIS
RIGHT." For purposes of the required notices under this section, the term
"buyer" shall have the same meaning as the term "consumer."
(2) Fail to furnish each consumer, at the time the consumer signs the
door-to-door sales contract or otherwise agrees to buy consumer property
or services from the supplier, a completed form in duplicate, captioned
"NOTICE OF CANCELLATION," which shall be attached to the contract
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or receipt and be easily detachable, and which shall contain in 10-point
boldface type the following information and statements in the same
language, Spanish for example, as that used in the contract:
NOTICE OF CANCELLATION
(Enter date of transaction)
___________________________
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY
PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS
FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY
PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE,
AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL
BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING
RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE,
AND ANY SECURITY INTEREST ARISING OUT OF THE
TRANSACTION WILL BE CANCELED.
IF YOU CANCEL, YOU MUST MAKE A V AILABLE TO THE
SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD
CONDITION AS WHEN RECEIVED, ANY PROPERTY DELIVERED
TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY , IF
YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER
REGARDING THE RETURN SHIPMENT OF THE PROPERTY AT THE
SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE PROPERTY A V AILABLE TO THE
SELLER, AND IF THE SELLER DOES NOT PICK SUCH PROPERTY
UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF
CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE
PROPERTY WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL
TO MAKE THE PROPERTY A V AILABLE TO THE SELLER, OR IF
YOU AGREE TO RETURN THE PROPERTY TO THE SELLER AND
FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR
PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A
SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR
ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM,
TO _________________________________
(Name of Seller)
AT _____________________________________
(Address of Seller's Place of Business)
NOT LATER THAN MIDNIGHT OF __________________.
(Date)
I HEREBY CANCEL THIS TRANSACTION.
______________ ___________________________
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(Date) (Buyer's Signature)
(3) Fail, before furnishing copies of the "notice of cancellation" to the
consumer, to complete both copies by entering the name of the supplier,
the address of the supplier's place of business, the date of the transaction,
and the date, not earlier than the third business day following the date of
the transaction, by which the consumer may give notice of cancellation.
(4) Include in any door-to-door sale contract or receipt any confession
of judgment or any waiver of any of the rights to which the consumer is
entitled under this section including specifically such consumer's right to
cancel the sale in accordance with the provisions of this section.
(5) Fail to inform each consumer orally, at the time such consumer
signs the contract or purchases the property or services, of such consumer's
right to cancel.
(6) Misrepresent in any manner the consumer's right to cancel.
(7) Fail or refuse to honor any valid notice of cancellation by a
consumer and within 10 business days after the receipt of such notice, to :
(i) refund all payments made under the contract or sale; (ii) return any
property traded in, in substantially as good condition as when received by
the supplier; or (iii) cancel and return any negotiable instrument executed
by the consumer in connection with the contract or sale and take any
action necessary or appropriate to terminate promptly any security interest
created in the transaction.
(8) Negotiate, transfer, sell, or assign any note or other evidence of
indebtedness to a finance company or other third party prior to midnight of
the fifth business day following the day the contract was signed or the
property or services were purchased.
(9) Fail, within 10 business days of receipt of the consumer's notice
of cancellation, to notify the consumer whether the supplier intends to
repossess or to abandon any shipped or delivered property.
(c) For the purposes of this section the following definitions shall
apply:
(1) "Door-to-door sale" means a sale, lease or rental of consumer
property or services with a purchase price of $25 or more, whether under
single or multiple consumer transactions, in which the supplier or the
supplier's representative personally solicits the sale, including those in
response to or following an invitation by the consumer, and the consumer's
agreement or offer to purchase is made at a place other than the place of
business of the supplier. The term "door-to-door sale" does not include a
transaction:
(A) Made pursuant to prior negotiations in the course of a visit by the
consumer to a retail business establishment having a fixed permanent
location where the property is exhibited or the services are offered for sale
on a continuing basis; or
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(B) in which the consumer is accorded the right of rescission by the
provisions of the consumer credit protection act (, 15 USCSU.S.C § 1635),
or regulations issued pursuant thereto; or
(C) in which the consumer has initiated the consumer transaction and
the property or services are needed to meet a bona fide immediate personal
emergency of the consumer, and the consumer furnishes the supplier with
a separate dated and signed personal statement in the consumer's
handwriting describing the situation requiring immediate remedy and
expressly acknowledging and waiving the right to cancel the sale within
three business days; or
(D) conducted and consummated entirely by mail or telephone; and
without any other contact between the consumer and the supplier or its
representative prior to delivery of the property or performance of the
services; or
(E) in which the consumer has initiated the transaction and
specifically requested the supplier to visit the consumer's home for the
purpose of repairing or performing maintenance upon the consumer's real
or personal property. If in the course of such a visit, the supplier sells the
consumer the right to receive additional services or property other than
replacement parts necessarily used in performing the maintenance or in
making the repairs, the sale of the additional property or services would
not fall within this exclusion; or
(F) pertaining to the sale or rental of real property, to the sale of
insurance or to the sale of securities or commodities by a broker-dealer
registered with the securities and exchange commission , except for
transactions with respect to a lease, option, easement or other contractual
obligation pertaining to land use for the purpose of building and
operating a meteorological evaluation tower or sodar unit or for
commercial production or transmission of electricity through wind or
solar generation resources; or
(G) that occurs on the state fairgrounds during the annual Kansas
state fair between a consumer and a vendor who has been authorized by
the state fair management to do business on the state fairgrounds.
(2) "Place of business" means the main or permanent branch office of
a supplier.
(3) "Purchase price" means the total price paid or to be paid for the
consumer property or services, including all interest and service charges.
(4) "Business day" means any calendar day except Sunday, or any
legal holiday as defined by K.S.A. 60-206 and amendments thereto.
Sec. 6. K.S.A. 50-632, 50-634 and 50-640 and K.S.A. 2024 Supp. 50-
624 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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