Kansas TCPA and telemarketing law
Kansas has its own telemarketing statute with a private right of action.
| Statute | K.S.A. 50-670; K.S.A. 50-670a | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | Not yet verified | |
| Private right of action | Yes | ↗ |
| Statutory damages | $10,000 / violation | ↗ |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
Kansas regulates telemarketing through the Kansas no-call act, K.S.A. 50-670 and 50-670a. It covers sales calls to a consumer's residence or mobile number. A solicitor making an unsolicited call must identify itself, the business and the purpose, stop when the consumer says no, and may not hide its number from caller ID. A prerecorded device message on such a call may not contain an unsolicited advertisement. The national do-not-call list is the Kansas no-call list, and calling a listed number is prohibited.
Kansas sets no consent standard of its own. A call made at the consumer's express request, with their express written agreement, or within an 18-month business relationship is not unsolicited. Violations are unconscionable acts under the Kansas Consumer Protection Act, so an aggrieved consumer may sue for the greater of actual damages or a civil penalty of up to $10,000 per violation, though not in a class action. The attorney general can seek the same penalty.
Source: K.S.A. 50-670; K.S.A. 50-670a ↗