Legal Definitions - Kansas

When discussing Kansas in the context of commercial communications, it refers to specific state laws enacted to regulate unsolicited commercial electronic mail (often called spam) and telemarketing calls within the state's borders. These statutes are designed to protect Kansas residents from unwanted solicitations and deceptive practices by businesses.

• The Kansas Commercial Electronic Mail Act (Kan. Stat. Ann. § 50-6, 107) establishes rules for sending commercial emails to individuals in Kansas. These rules often include requirements for clear identification of the sender, a functional mechanism for recipients to opt out of future mailings, and prohibitions against deceptive subject lines or content.
• The Kansas Telemarketing and Telephonic Anti-Solicitation Act (Kan. Stat. Ann. § 50-670 et seq.) governs how businesses can engage in telemarketing to Kansas residents. This act includes provisions related to "do not call" lists, restrictions on calling times, and requirements for disclosing information about the caller and the purpose of the call.

Here are some examples illustrating how these Kansas laws apply:

• Example 1 (Commercial Email/Spam): A clothing boutique based in another state sends an email promotion to a Kansas resident advertising a "limited-time offer." The email's subject line reads "Your Order Has Shipped!" even though the recipient has not placed an order. Furthermore, the email does not contain a visible link or instruction for the recipient to unsubscribe from future promotional emails.

  Explanation: This scenario could constitute a violation of the Kansas Commercial Electronic Mail Act. The law prohibits deceptive subject lines that mislead recipients about the email's content and requires commercial emails to provide a clear and functional mechanism for recipients to opt out of receiving further messages.

• Example 2 (Telemarketing): A company selling extended car warranties uses an automated dialing system to call Kansas phone numbers. A Kansas resident, whose number is registered on both the national and state "Do Not Call" registries, receives multiple calls from this company during prohibited evening hours, despite never having expressed interest in their services.

  Explanation: This situation would likely fall under the Kansas Telemarketing and Telephonic Anti-Solicitation Act. This law, in conjunction with federal regulations, aims to protect residents from unwanted telemarketing calls, especially those on "Do Not Call" lists, and often restricts the use of automated dialing systems and calling outside of specified hours.

• Example 3 (Telemarketing Deception): A telemarketer calls a Kansas small business owner, claiming to be from a utility company and threatening to immediately shut off their power if an overdue bill isn't paid via a prepaid debit card. The telemarketer refuses to provide an account number or send a physical bill, insisting on immediate payment over the phone.

  Explanation: This example demonstrates how the Kansas Telemarketing and Telephonic Anti-Solicitation Act, alongside other consumer protection statutes, would apply. The Act prohibits deceptive and abusive telemarketing practices, including misrepresenting identity, making false threats, and pressuring consumers into immediate payment without adequate disclosure, which are all present in this fraudulent scheme.