Kansas Statutes 50-6,141. Unlicensed conduct as a bail enforcement agent; penalties
Terms Used In Kansas Statutes 50-6,141
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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
- Consumer transaction: means a sale, lease, assignment or other disposition for value of property or services within this state, except insurance contracts regulated under state law, to a consumer; or a solicitation by a supplier with respect to any of these dispositions. See Kansas Statutes 50-624
- 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
- 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) The unlicensed conduct as a bail enforcement agent prohibited by this act* and Kan. Stat. Ann. § 22-2809a, and amendments thereto, constitutes an unconscionable act or practice in violation of Kan. Stat. Ann. § 50-627, and amendments thereto, and any person who engages in unlicensed conduct as a bail enforcement agent shall be subject to the remedies and penalties provided by the Kansas consumer protection act.
(b) For the purposes of the remedies and penalties provided by the Kansas consumer protection act:
(1) The person committing unlicensed conduct as a bail enforcement agent shall be deemed the supplier, and the person who is the victim of such conduct shall be deemed the consumer; and
(2) proof of a consumer transaction shall not be required.
(c) Notwithstanding any provision of the Kansas consumer protection act to the contrary, only the attorney general, or the attorney general’s designee, may bring a civil action alleging a violation of the Kansas consumer protection act pursuant to this section. This section shall not be construed as creating or allowing a private right of action under the Kansas consumer protection act.
(d) In addition to any civil penalties provided by this section, a person who violates any provision of this section and Kan. Stat. Ann. §§ 75-7e01 through 75-7e09, and amendments thereto, may be prosecuted for, convicted of, and punished for an offense under Kan. Stat. Ann. § 22-2809a, and amendments thereto.
(e) This section shall be part of and supplemental to the Kansas consumer protection act.