State Codes and Statutes

Statutes > Kansas > Chapter50 > Article6 > Statutes_21040

50-624

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION
Article 6.--CONSUMER PROTECTION

      50-624.   Definitions.As used in this act:

      (a)   "Agricultural purpose" means a purpose related to the production,harvest, exhibition, marketing, transportation, processing or manufacture ofagricultural products by a consumer who cultivates, plants, propagates ornurtures the agricultural products. "Agricultural products" includesagricultural, horticultural, viticultural, and dairy products, livestock,wildlife, poultry, bees, forest products, fish and shellfish, and any productsthereof, including processed and manufactured products, and any and allproducts raised or produced on farms and any processed or manufactured productsthereof.

      (b)   "Consumer" means an individual, husband and wife, sole proprietor, orfamily partnership who seeks or acquires property or services for personal,family, household, business or agricultural purposes.

      (c)   "Consumer transaction" means a sale, lease, assignment or otherdisposition for value of property or services within this state (exceptinsurance contracts regulated under state law) to a consumer; or a solicitationby a supplier with respect to any of these dispositions.

      (d)   "Family partnership" means a partnership in which all of the partnersare natural persons related to each other, all of whom have a common ancestorwithin the third degree of relationship, by blood or by adoption, or thespouses or the stepchildren of any such persons, or persons acting in afiduciary 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 appellateremedies 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 anyaffiliate.

      (g)   "Merchantable" means, in addition to the qualities prescribed inK.S.A.84-2-314, and amendments thereto, in conformity in all material respects withapplicable state and federal statutes and regulations establishing standards ofquality and safety.

      (h)   "Mortgage trigger lead" means a consumer report obtained pursuant tosection 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 aconsumer reporting agency in response to an application for credit. Anyconsumer report on an applicant obtained by a lender with whom the applicanthas initially applied for credit orwho holds or services an existing extension of credit of the applicant who isthe subject of the reportis not considered a mortgage trigger lead.

      (i)   "Person" means any individual, corporation, government,governmentalsubdivision or agency, business trust, estate, trust, partnership, association,cooperative or other legal entity.

      (j)   "Property" includes real estate, goods and intangiblepersonal property.

      (k)   "Services" includes:

      (1)   Work, labor and other personal services;

      (2)   privileges with respect to transportation, hotel and restaurantaccommodations, education, entertainment, recreation, physical culture,hospital accommodations, funerals and cemetery accommodations; and

      (3)   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,engages in or enforces consumer transactions, whether or not dealing directlywith the consumer. Supplier does not include any bank, trust company or lendinginstitution which is subject to state or federal regulation with regard todisposition of repossessed collateral by such bank, trust company or lendinginstitution.

      History:   L. 1973, ch. 217, § 2; L. 1974, ch. 230, § 2;L. 1976,ch. 236, § 2; L. 1983, ch. 179, § 1; L. 1991, ch. 159, §1;L. 2001, ch. 49, § 1;L. 2005, ch. 22, § 1;L. 2009, ch. 67, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter50 > Article6 > Statutes_21040

50-624

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION
Article 6.--CONSUMER PROTECTION

      50-624.   Definitions.As used in this act:

      (a)   "Agricultural purpose" means a purpose related to the production,harvest, exhibition, marketing, transportation, processing or manufacture ofagricultural products by a consumer who cultivates, plants, propagates ornurtures the agricultural products. "Agricultural products" includesagricultural, horticultural, viticultural, and dairy products, livestock,wildlife, poultry, bees, forest products, fish and shellfish, and any productsthereof, including processed and manufactured products, and any and allproducts raised or produced on farms and any processed or manufactured productsthereof.

      (b)   "Consumer" means an individual, husband and wife, sole proprietor, orfamily partnership who seeks or acquires property or services for personal,family, household, business or agricultural purposes.

      (c)   "Consumer transaction" means a sale, lease, assignment or otherdisposition for value of property or services within this state (exceptinsurance contracts regulated under state law) to a consumer; or a solicitationby a supplier with respect to any of these dispositions.

      (d)   "Family partnership" means a partnership in which all of the partnersare natural persons related to each other, all of whom have a common ancestorwithin the third degree of relationship, by blood or by adoption, or thespouses or the stepchildren of any such persons, or persons acting in afiduciary 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 appellateremedies 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 anyaffiliate.

      (g)   "Merchantable" means, in addition to the qualities prescribed inK.S.A.84-2-314, and amendments thereto, in conformity in all material respects withapplicable state and federal statutes and regulations establishing standards ofquality and safety.

      (h)   "Mortgage trigger lead" means a consumer report obtained pursuant tosection 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 aconsumer reporting agency in response to an application for credit. Anyconsumer report on an applicant obtained by a lender with whom the applicanthas initially applied for credit orwho holds or services an existing extension of credit of the applicant who isthe subject of the reportis not considered a mortgage trigger lead.

      (i)   "Person" means any individual, corporation, government,governmentalsubdivision or agency, business trust, estate, trust, partnership, association,cooperative or other legal entity.

      (j)   "Property" includes real estate, goods and intangiblepersonal property.

      (k)   "Services" includes:

      (1)   Work, labor and other personal services;

      (2)   privileges with respect to transportation, hotel and restaurantaccommodations, education, entertainment, recreation, physical culture,hospital accommodations, funerals and cemetery accommodations; and

      (3)   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,engages in or enforces consumer transactions, whether or not dealing directlywith the consumer. Supplier does not include any bank, trust company or lendinginstitution which is subject to state or federal regulation with regard todisposition of repossessed collateral by such bank, trust company or lendinginstitution.

      History:   L. 1973, ch. 217, § 2; L. 1974, ch. 230, § 2;L. 1976,ch. 236, § 2; L. 1983, ch. 179, § 1; L. 1991, ch. 159, §1;L. 2001, ch. 49, § 1;L. 2005, ch. 22, § 1;L. 2009, ch. 67, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter50 > Article6 > Statutes_21040

50-624

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION
Article 6.--CONSUMER PROTECTION

      50-624.   Definitions.As used in this act:

      (a)   "Agricultural purpose" means a purpose related to the production,harvest, exhibition, marketing, transportation, processing or manufacture ofagricultural products by a consumer who cultivates, plants, propagates ornurtures the agricultural products. "Agricultural products" includesagricultural, horticultural, viticultural, and dairy products, livestock,wildlife, poultry, bees, forest products, fish and shellfish, and any productsthereof, including processed and manufactured products, and any and allproducts raised or produced on farms and any processed or manufactured productsthereof.

      (b)   "Consumer" means an individual, husband and wife, sole proprietor, orfamily partnership who seeks or acquires property or services for personal,family, household, business or agricultural purposes.

      (c)   "Consumer transaction" means a sale, lease, assignment or otherdisposition for value of property or services within this state (exceptinsurance contracts regulated under state law) to a consumer; or a solicitationby a supplier with respect to any of these dispositions.

      (d)   "Family partnership" means a partnership in which all of the partnersare natural persons related to each other, all of whom have a common ancestorwithin the third degree of relationship, by blood or by adoption, or thespouses or the stepchildren of any such persons, or persons acting in afiduciary 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 appellateremedies 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 anyaffiliate.

      (g)   "Merchantable" means, in addition to the qualities prescribed inK.S.A.84-2-314, and amendments thereto, in conformity in all material respects withapplicable state and federal statutes and regulations establishing standards ofquality and safety.

      (h)   "Mortgage trigger lead" means a consumer report obtained pursuant tosection 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 aconsumer reporting agency in response to an application for credit. Anyconsumer report on an applicant obtained by a lender with whom the applicanthas initially applied for credit orwho holds or services an existing extension of credit of the applicant who isthe subject of the reportis not considered a mortgage trigger lead.

      (i)   "Person" means any individual, corporation, government,governmentalsubdivision or agency, business trust, estate, trust, partnership, association,cooperative or other legal entity.

      (j)   "Property" includes real estate, goods and intangiblepersonal property.

      (k)   "Services" includes:

      (1)   Work, labor and other personal services;

      (2)   privileges with respect to transportation, hotel and restaurantaccommodations, education, entertainment, recreation, physical culture,hospital accommodations, funerals and cemetery accommodations; and

      (3)   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,engages in or enforces consumer transactions, whether or not dealing directlywith the consumer. Supplier does not include any bank, trust company or lendinginstitution which is subject to state or federal regulation with regard todisposition of repossessed collateral by such bank, trust company or lendinginstitution.

      History:   L. 1973, ch. 217, § 2; L. 1974, ch. 230, § 2;L. 1976,ch. 236, § 2; L. 1983, ch. 179, § 1; L. 1991, ch. 159, §1;L. 2001, ch. 49, § 1;L. 2005, ch. 22, § 1;L. 2009, ch. 67, § 1; July 1.