The commission of any deceptive act or practice in the advertisement or sales of collision damage waivers is prohibited. The following are deceptive acts or practices when conducted by a lessor or its officials or representatives:

(a) The making of any false or misleading statements either orally or in writing, in connection with the sale, offer to sell, or advertisement of a collision damage waiver;

Terms Used In Kansas Statutes 50-658

  • Advertisement: means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a lease-purchase agreement;

    (2) "cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-purchase agreement;

    (3) "consumer" means a natural person who rents personal property under a lease-purchase agreement to be used primarily for personal, family or household purposes;

    (4) "consummation" means the time a consumer becomes contractually obligated on a lease-purchase agreement;

    (5) "lessor" means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement; and

    (6) "lease-purchase agreement" means an agreement for the use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Kansas Statutes 50-681

  • Contract: A legal written agreement that becomes binding when signed.

(b) the omission of any material statement in connection with the sale, offer to sell, or advertisement of a collision damage waiver, which under the circumstances should have been made in order to make the statements that were made not misleading;

(c) the making of any statement that the purchase of a collision damage waiver is mandatory;

(d) at the time of the sale, the failure to provide proper disclosure that the purchase of a collision damage waiver may be duplicative of the lessee’s automobile insurance contract; and

(e) any deceptive act or practice as defined in Kan. Stat. Ann. §§ 50-626 and amendments thereto.

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