Kansas Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

Kansas's lemon law covers new motor vehicles sold or leased in Kansas and registered for 12,000 pounds or less (not parts customized by second-stage manufacturers or converters). Defects reported during the warranty or within one year of delivery, whichever is earlier, must be repaired. If the manufacturer has actual notice, a reasonable number of attempts is presumed if, within that period, the same defect substantially impairing use and value was repaired four or more times and still exists, the vehicle was out of service 30 or more calendar days in total, or there were 10 or more attempts to repair any such defects. If the vehicle cannot be fixed, the manufacturer must replace it with a comparable vehicle under warranty or take it back and refund the full purchase or lease price including collateral charges, minus a reasonable allowance for use.

Kansas law does not let a supplier in a consumer transaction exclude, modify or limit the implied warranties of merchantability and fitness for a particular purpose, or limit the legal remedies for breaking them. A supplier may limit those implied warranties as to a particular defect only if it shows the consumer knew of the defect and it became part of the basis of the bargain, and even then not for personal injury or property damage. A disclaimer that violates this rule is void, and a consumer who wins a warranty case may also be awarded attorney fees and a civil penalty against the supplier. Offering a limited express warranty is not itself a violation. Government surplus property, including surplus motor vehicles, may be sold with a warranty disclaimer if conspicuous written notice is given (for vehicles, a notice on a side window that complies with the federal Buyers Guide rule).

A consumer may cancel a door-to-door sale made in Kansas until midnight of the third business day after signing an agreement that includes the required disclosures. The supplier must give a receipt or contract in the language of the sales presentation with a bold notice of the right to cancel and an attached notice of cancellation form; failing to do so is an unfair and deceptive practice.

The Kansas Consumer Protection Act (K.S.A. 50-623 et seq.) prohibits deceptive and unconscionable acts by suppliers in consumer transactions. A consumer aggrieved by a violation can seek a declaratory judgment or injunction and may recover, in an individual action, actual damages or a civil penalty of up to $10,000 per violation, whichever is greater. Class actions for damages are allowed only for certain specifically listed violations.

It is an unconscionable act under the Consumer Protection Act for a supplier to profiteer from a disaster by unjustifiably raising the price of necessary property or services (such as food, emergency and medical supplies, home heating fuel, building materials and services, housing, lodging, transportation and motor fuel) during a time of disaster. A price more than 25% above the supplier's price on the business day before the disaster, or more than 25% above prices readily available in the trade area, is prima facie evidence of gross excess, unless the increase reflects the supplier's added costs. A "time of disaster" is while a presidential or gubernatorial emergency declaration is in effect, or 30 days after the event, whichever is longer.

Gift certificates and gift cards sold on or after January 1, 2007 may not have an expiration date less than five years from purchase; without an expiration date they are valid until redeemed. No fees may be charged against the balance within 12 months of issuance. Merchants are not required to give cash for a gift card. Free promotional cards and cards sold below face value to employers or charities are exempt if the expiration date is on the front. Prepaid bank cards usable at multiple merchants are not covered.

Businesses that, for a fee, receive consumers' funds to pay their creditors, offer to improve a consumer's credit record or score, or negotiate to reduce or defer a consumer's debts are "credit services organizations" and must be licensed by the State Bank Commissioner before doing business with Kansas residents.

A business that owns or licenses computerized personal information must, on becoming aware of a breach, promptly investigate in good faith whether the information has been or will be misused. If misuse has occurred or is reasonably likely, it must notify affected Kansas residents as soon as possible, in the most expedient time possible and without unreasonable delay, consistent with law enforcement needs and steps to determine the scope of the breach.

1) Notice: the consumer must report the defect to the manufacturer, its agent or authorized dealer during the warranty term or within one year after original delivery, whichever is earlier. The presumption that the manufacturer had a reasonable number of repair attempts applies only if the manufacturer received actual notice of the defect; the statute does not say that notice must be in writing. 2) Final repair attempt: no separate final-repair step is described. 3) Arbitration: Kansas has no state-run lemon law arbitration program. If the manufacturer has an informal dispute program that fully complies with federal rules (16 C.F.R. Part 703), the refund/replacement remedy does not apply to a consumer who has not first used that program. 4) Deadline: the lemon law section does not state a separate deadline to file a claim or lawsuit. The Attorney General has authority to enforce the law.