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Session of 2026
HOUSE BILL No. 2648
By Committee on Financial Institutions and Pensions
Requested by Kelly VanZwoll on behalf of the Kansas Bankers Association
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AN ACT concerning consumer protection; relating to electronic
communications; enacting the social media and telecommunications
fraud accountability act; requiring social media platforms to exercise
reasonable care in preventing the dissemination of fraudulent
advertisements; prohibiting a person or business from falsely
identifying such person's or business's name or telephone number on
telephone caller identification systems; prohibiting the unauthorized
use of a bank name in electronic advertisements or solicitations;
making violations of the act an unconscionable act or practice under the
Kansas consumer protection act; authorizing the attorney general to
enforce violations of the act; providing for civil penalties and private
civil actions against violators of the act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The provisions of sections 1 through 5, and
amendments thereto, shall be known and may be cited as the social media
and telecommunications fraud accountability act.
(b) As used in this act:
(1) "Act" means the social media and telecommunications fraud
accountability act;
(2) "electronic advertisement" means an audio, video, text or other
electronic communication that is heard, read or watched by an individual
through an email, telephone call, text message or other electronic
communication and is a bid for or call to attention of a property, good or
service;
(3) "electronic solicitation" means the initiation of a telephone call,
text message, email or other electronic communication that is transmitted
to any person for the purpose or apparent purpose of encouraging the
purchase or rental of or investment in a property, good or service;
(4) "fraudulent advertisement" means any paid or promoted content
that misrepresents material facts to induce a transaction; and
(5) "social media platform" means any interactive computer service
that enables users to create, share or view content.
Sec. 2. (a) A social media platform that accepts payment or any other
form of compensation for advertising shall establish and implement
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procedures to provide and require:
(1) Identity verification for advertisers;
(2) an active impersonation detection and mitigation program;
(3) an automated and manual fraud detection system; and
(4) a clear and conspicuous tool for users to report suspected fraud.
(b) If a fraudulent advertisement is reported by a user, a social media
platform shall, within 72 hours, investigate such report and, if a
determination is made that such advertisement has violated this act, such
social media platform shall, not later than 24 hours after such platform's
determination and regardless of action taken, notify the submitter of the
status of such platform's report.
(c) Each platform shall provide a comprehensive quarterly public
report that includes, but is not limited to, the following data elements:
(1) Percent of total number of advertisements on a platform that were
reported by users for fraud;
(2) percent of total number of advertisements that were reported by
users as fraudulent and were taken down and the average time between
receipt of report and takedown;
(3) trend data that compares the change in the total number of
reported advertisements and the total number of advertisements taken
down from quarter to quarter and year to year;
(4) the total dollar value of compensation received for advertisements
that were reported and for advertisements that were taken down each
quarter; and
(5) the total number of impersonation reports received each quarter
and the time taken between report and takedown.
(d) A social media platform is liable for actual damages caused by
fraudulent advertisements if such platform:
(1) Violates the requirements of this section; or
(2) knowingly permits fraudulent advertisements on such platform or
ignores credible reports that such advertisements are fraudulent.
(e) Social media platforms that maintain a certified fraud prevention
program consistent with this act and approved by the attorney general shall
be presumed compliant with this act.
Sec. 3. No person or business shall take any action that originates,
facilitates the transmission of or delivers to the recipient a call falsely
identifying the caller's name or telephone number if the equipment or
service used by the person or business can create and transmit the caller's
name or telephone number.
Sec. 4. No person or business shall use the name, trade name,
trademark, phone number or internet address of any bank as defined in
K.S.A. 9-1137, and amendments thereto, or any credit union as defined in
K.S.A. 17-2231, and amendments thereto, or any subsidiary thereof, in any
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electronic advertisement or electronic solicitation for products or services
without the express written consent of such bank or credit union.
Sec. 5. (a) Any violation of the provisions of this act shall be
considered an unconscionable act or practice as provided in the Kansas
consumer protection act. Such violation shall be subject to all the remedies
available under the Kansas consumer protection act to the extent that such
remedies are in addition to or provide greater protections for consumers
than the remedies provided in this section.
(b) Whenever the attorney general has reason to believe that any
person is using or intends to use any method, act or practice declared by
this act to be unlawful, the attorney general may bring a civil or criminal
action on behalf of the state in an appropriate court to:
(1) Enjoin such action;
(2) enforce compliance with this act;
(3) obtain damages, restitution or other compensation on behalf of
consumers in Kansas; or
(4) obtain criminal penalties.
(c) Each violation of this act shall be subject to a civil or criminal
penalty of not less than $10,000.
(d) Any person aggrieved by an alleged violation of this act may
bring a civil action in the district court of the county in which the violation
is alleged to have occurred or in which the alleged violator resides or
transacts business. Such action may be brought to:
(1) Enjoin such violation;
(2) enforce compliance with this act;
(3) obtain damages; or
(4) obtain such other relief as the court may deem appropriate.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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