Kansas Statutes

Statute 21-4403: Deceptive commercial practice. (a) A deceptive commercial practice is the act, use or employment by any person of any deception, fraud, false pretense, false promise, or knowing misrepresentation of a material fact, with the intent that others shall rely thereon in connection with the sale of any merchandise, whether or not any person has in fact been misled, deceived or damaged thereby.

      (b)   The following definitions shall be applicable to this section:

      (1)   "Merchandise" means any objects, wares, goods, commodities, intangibles, real estate or services.

      (2)   "Person" means any natural person or his legal representative, partnership, corporation (domestic or foreign), company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof.

      (3)   "Sale" means any sale, offer for sale, or attempt to sell any merchandise for any consideration.

      (c)   This section shall not apply to the owner or publisher of any newspaper, magazine, or other printed matter wherein an advertisement appears, or to the owner or operator of a radio or television station which disseminates an advertisement, when such owner, publisher or operator had no knowledge of the intent, design or purpose of the advertisement.

      (d)   A deceptive commercial practice is a class B nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-4403; L. 1992, ch. 239, § 225; L. 1993, ch. 291, § 173; July 1.