50-678. Same; factors to consider in imposition of enhanced civil penalty. - Kansas Statutes

50-678

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

      50-678.   Same; factors to consider in imposition of enhanced civilpenalty.In determining whether to impose a civil penalty as provided inthis act and the amount of such civil penalty, the court shall consider theextent to which one or more of the following factors are present:

      (a)   Whetherthe defendant's conduct was in disregard of the rights of the elder or disabledperson;

      (b)   whether the defendant knew or should have known that thedefendant's conduct was directed to an elder or disabled person;

      (c)   whetherthe elder or disabled person was more vulnerable to the defendant's conductbecause of age, poor health, infirmity, impaired understanding, restrictedmobility or disability thanother persons and actually suffered substantial physical, emotional or economicdamage resulting from the defendant's conduct;

      (d)   whether the defendant's conduct caused an elder or disabled person tosuffer any of the following:

      (1)   Mental or emotional anguish;

      (2)   loss of or encumbrance upon a primary residence of the elder or disabledperson;

      (3)   loss of or encumbrance upon the elder or disabled person's principalemployment or principal source of income;

      (4)   loss of funds received under a pension or retirement plan or agovernment benefits program;

      (5)   loss of property set aside for retirement or for personal or familycare and maintenance; or

      (6)   loss of assets essential to the health and welfare of the elder ordisabled person; or

      (e)   any other factors the court deems appropriate.

      History:   L. 1996, ch. 121, § 3; July 1.