Kansas Statutes 50-6,105. Method of payment; express authorization required; when
Terms Used In Kansas Statutes 50-6,105
- Consumer: means an individual, husband and wife, sole proprietor, or family partnership who seeks or acquires property or services for personal, family, household, business or agricultural purposes. See Kansas Statutes 50-624
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Express authorization: means an express affirmative act by a recipient clearly agreeing to receive commercial electronic messages from a specified and identifiable sender, or from multiple persons. See Kansas Statutes 50-6,107
- Person: means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative or other legal entity. See Kansas Statutes 50-624
- Services: includes :
(1) Work, labor and other personal services;
(2) privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals and cemetery accommodations; and
(3) any other act performed for a consumer by a supplier. See Kansas Statutes 50-624
- 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 directly with the consumer. See Kansas Statutes 50-624
(a) No supplier shall obtain or submit for payment, other than for the continuation of existing and recurrent services, services provided by a public utility as defined in Kan. Stat. Ann. § 66-104, and amendments thereto, services provided by a wireless carrier as defined in Kan. Stat. Ann. § 12-5301, and amendments thereto, or the collection of a preexisting debt, a check, draft or other form of negotiable instrument or payment order drawn on a person‘s checking, savings, share or similar account without the consumer‘s express authorization. The supplier obtaining or submitting the check, draft or other form of negotiable instrument or payment order for payment shall have the burden of proving the express authorization by a preponderance of the evidence.
(b) As used in this section, “express authorization” means an express affirmative act by a consumer clearly agreeing to the payment by check, draft or other form of negotiable instrument or payment order drawn on a person’s checking, savings, share or similar account.
(c) Nothing in this section shall prohibit a consumer from personally directing the consumer’s financial institution to make payment from the consumer’s checking, savings, share or similar account via electronic or telephonic means in accordance with procedures set by the consumer’s financial institution, nor shall this section affect the right of a consumer to transfer funds from one account to another.
(d) Notwithstanding the provisions of Kan. Stat. Ann. § 84-4-402, and amendments thereto, financial institutions may decline to pay any check, draft or other form of negotiable instrument or payment order submitted without proof of the consumer’s express authorization.
(e) A violation of subsection (a) is an unconscionable act within the meaning of Kan. Stat. Ann. § 50-627, and amendments thereto.
(f) This section shall be part of and supplemental to the Kansas consumer protection act.