50-618. Unsolicited credit cards; rights of recipient when card lost or stolen. - Kansas Statutes

50-618

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6.--CONSUMER PROTECTION

      50-618.   Unsolicited credit cards; rights of recipient when card lostor stolen.Whenever any person, firm, partnership, association, corporation orother business organization, or any agent thereof, shall voluntarily issueor cause to be issued a credit card, as defined by K.S.A.21-3729, where the person to whom the card is issued has not requested orsolicited such issuance, and has neither signed nor used such card, theperson to whom the card is issued shall not be liable for any use or misuseof such card if it shall be lost or stolen. In any action for the return ofsaid credit card, or for the return of any goods, wares or merchandiseacquired through use of said credit card subsequent to it being lost by orstolen from the recipient thereof, or for the payment of the purchase priceof said goods, wares or merchandise, it shall be a complete defense by suchrecipient that the credit card was issued, sent or delivered, or caused to beissued, sent or delivered, to the recipient unsolicited or that the recipientdid not actually order or request the same and that the recipient neithersigned nor used such card. Where any person has requested or solicited theissuance of a credit card from any person, firm, partnership, association,corporation or other business organization, or any agent thereof or suchperson has signed or used such card, the reissuance or renewal of suchcard, regardless of any specific request or solicitation therefor by theholder of such card, shall not be deemed to be the receipt of anunsolicited credit card within the meaning of this act.

      History:   L. 1970, ch. 212, § 1; July 1.