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50-6,141. Unlicensed conduct as a bail enforcement agent; penalties (a) The unlicensed conduct as a bail enforcement agent prohibited by this act and K.S.A. 22-2809a, and amendments thereto, constitutes an unconscionable act or practice in violation of K.S.A. 50-627, and amendments thereto, and any person who engages in unlicensed conduct as a bail enforcement agent shall be subject to the remedies and penalties provided by the Kansas consumer protection act.

(b) For the purposes of the remedies and penalties provided by the Kansas consumer protection act:

(1) The person committing unlicensed conduct as a bail enforcement agent shall be deemed the supplier, and the person who is the victim of such conduct shall be deemed the consumer; and

(2) proof of a consumer transaction shall not be required.

(c) Notwithstanding any provision of the Kansas consumer protection act to the contrary, only the attorney general, or the attorney general's designee, may bring a civil action alleging a violation of the Kansas consumer protection act pursuant to this section. This section shall not be construed as creating or allowing a private right of action under the Kansas consumer protection act.

(d) In addition to any civil penalties provided by this section, a person who violates any provision of this section and K.S.A. 2017 Supp. 75-7e01 through 75-7e09, and amendments thereto, may be prosecuted for, convicted of, and punished for an offense under K.S.A. 22-2809a, and amendments thereto.

(e) This section shall be part of and supplemental to the Kansas consumer protection act.

History: L. 2016, ch. 85, ยง 10; July 1.

* "This act" means L. 2016, ch. 85.


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