21-4403. Deceptive commercial practice. - Kansas Statutes

21-4403

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 44.--CRIMES AFFECTING BUSINESS

      21-4403.   Deceptive commercial practice.(a) A deceptive commercial practice is the act, use or employmentby anyperson of any deception, fraud, false pretense, false promise, or knowingmisrepresentation of a material fact, with the intent that others shallrely thereon in connection with the sale of any merchandise, whether or notany person has in fact been misled, deceived or damaged thereby.

      (b)   The following definitions shall be applicable to thissection:

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

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

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

      (c)   This section shall not apply to the owner or publisher ofanynewspaper, magazine, or other printed matter wherein an advertisementappears, or to the owner or operator of a radio or television station whichdisseminates an advertisement, when such owner, publisher or operator hadno knowledge of the intent, design or purpose of the advertisement.

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

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