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How the Kansas Consumer Protection Act (KCPA) Protects Your Rights, Part Two

The Kansas Consumer Protection Act (KCPA) is a valuable set of protections that can help protect Kansas consumers from deceptive or fraudulent business practices. This act makes it possible for individual consumers, or groups of consumers acting together, to file legal suit against corporations. The following are some additional ways that this act is able to protect your rights.

Applies to All Businesses Operating in Kansas

Today’s economy is much different from those of recent decades. There are many national and international businesses that conduct business locally on a regular basis. In the past it was often difficult to hold businesses from out of state accountable for false representations or other deceptive practices. Under the KCPA, all businesses operating in Kansas, regardless of where they are based, must abide by the rules laid out in the act.

Rights Can’t Be Waived

One common way some businesses have attempted to get around similar laws in the past was by requiring consumers to waive their rights when making a purchase. For example, in some states car dealerships will have the consumer sign a paper that says they can’t sue the dealership or manufacturer. In Kansas, however, thanks to the Kansas Consumer Protection Act, you can never be forced to sign away these rights. The law states “Any waiver by a consumer of rights under this act is void.”  This helps to ensure those who are not up-to-date with all the legal aspects of deceptive business practices will still be afforded the level of protection they need.

Business Pays Legal Fees

A significant aspect of the KCPA is that, if you win your case, the business that you file suit against may have to pay your attorney’s fees. Depending on the complexity of the case, this can result in significant savings. It also helps make it easier for consumers to confidently move forward with a suit if they feel they have been deceived by a company.

If you believe you’ve been harmed by some wrongful and/or deceptive business practice in Kansas, or at the hands of a Kansas-based business, it may well prove wise for you to keep careful records of the transaction and consider speaking to an experienced consumer law attorney who can help navigate your options under the KCPA.

For more information, please see Statutes 50-626 and 50-627,  which address Kansas’s laws on consumer protection.

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