HOUSE BILL No. 2807
An Act relating to consumer protection; concerning method of
amending K.S.A. 2001 Supp. 50-6,105 and repealing the
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp.
50-6,105 is hereby amended to read as
follows: 50-6,105. (a) No supplier shall obtain or submit for
other than for the continuation of existing and recurrent services,
provided by a public utility as defined in K.S.A. 66-104, and
thereto, services provided by a wireless carrier as defined in
5301, and amendments thereto, or the collection of a preexisting
check, draft or other form of negotiable instrument or payment
drawn on a person's checking, savings, share or similar account
the consumer's express authorization. The supplier obtaining or
ting the check, draft or other form of negotiable instrument or
order for payment shall have the burden of proving the express
zation by a preponderance of the evidence.
(b) As used in this section, ``express
authorization'' means an express
affirmative act by a consumer clearly agreeing to the payment by
draft or other form of negotiable instrument or payment order drawn
a person's checking, savings, share or similar account.
(c) Nothing in this section shall
prohibit a consumer from personally
directing the consumer's financial institution to make payment from
consumer's checking, savings, share or similar account via
telephonic means in accordance with procedures set by the
financial institution, nor shall this section affect the right of a
to transfer funds from one account to another.
(d) Notwithstanding the provisions of
K.S.A. 84-4-402, and amend-
ments thereto, financial institutions may decline to pay any
or other form of negotiable instrument or payment order submitted
out proof of the consumer's express authorization.
(e) A violation of subsection (a) is an
unconscionable act within the
meaning of K.S.A. 50-627, and amendments thereto.
(f) This section shall be part of and
supplemental to the Kansas con-
sumer protection act.
Sec. 2. K.S.A. 2001 Supp. 50-6,105 is hereby
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 27, 2002.