KANSAS STATUTES AND CODES

50-6,106. Unconscionable acts; remedies.

50-6,106

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

50-6,106. Unconscionable acts; remedies.(a) It shall be an unconscionable act within the meaning ofK.S.A. 50-627, and amendments thereto, for any supplier to profiteer from adisaster.

(b) As used in this section:

(1) "Profiteer from a disaster" means unjustifiably increasing during a timeof disaster the price at which any necessary property or service is offered forsale to consumers. Actual sales at the increased price shall not be requiredfor the increase to be considered unconscionable. In determining whether theprice increase described in this subsection is unjustified, the court shallconsider all relevant circumstances including, but not limited to, thefollowing: (A) Whether the price charged by the supplier during the time ofdisaster grossly exceeded the price charged by the supplier for similarproperty or services on the business day before the disaster, and an increaseof morethan 25% shall be prima facie evidence of gross excess;

(B) whether the amount charged by the supplier during the time of disastergrossly exceeded the price at which the same or similar property or serviceswere readily obtainable by other consumers in the trade area, and a pricedifference of more than 25% shall be prima facie evidence ofgross excess; and

(C) whether the increase in the amount charged by the supplier during thetime of disaster was attributable to additional costs incurred by the supplierin connection with the sale of the product or service, and proof the supplierincurred such additional costs shall be prima facie evidence thatthe price increase was justified when such additional costs were actuallyincurred by the supplier during the period in which the substantially increasedprice was being charged;

(2) "time of disaster" means the period of time when a declaration of a stateof emergency by the president of the United States or the governoris ineffect; or 30 days after the occurrence of the event that constitutes thedisaster, whichever is longer;

(3) "disaster" means natural or man-made events including, but not limitedto, tornado or other severe storm, earthquake, flood, fire, riot, act of war,terrorism, civil disorder or other extraordinary adverse circumstance. Thecourt shall find that an event constitutes a disaster if the event results inthe declaration of a state of emergency by the president of the United Statesorthe governor.The courtmay find that an event constitutes a disaster in theabsence of a declared state of emergency; and

(4) "necessary property or service" means any necessary property or servicefor which consumer demand does, or is likely to, increase as a consequence ofthe disaster and includes, but is not limited to, consumer food items orproperty, property or services for emergency cleanup, emergency supplies,communication supplies and services, medical supplies and services, homeheatingfuel, building materials and services, freight, storageservices, housing, lodging, transportation and motor fuels.

History: L. 2002, ch. 179, § 3; July 1.