Terms Used In Kansas Statutes 50-678

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Consumer: means an individual, husband and wife, sole proprietor, or family partnership who seeks or acquires property or services for personal, family, household, business or agricultural purposes. See Kansas Statutes 50-624
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes real estate, goods and intangible personal property. See Kansas Statutes 50-624
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201

In determining whether to impose a civil penalty as provided in Kan. Stat. Ann. §§ 50-676 through 50-679, and amendments thereto, and the amount of such civil penalty, the court shall consider the extent to which one or more of the following factors are present:

(a) Whether the defendant‘s conduct was in disregard of the rights of the protected consumer;

(b) whether the defendant knew or should have known that the defendant’s conduct was directed to a protected consumer;

(c) whether the protected consumer was more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility or disability than other persons and actually suffered substantial physical, emotional or economic damage resulting from the defendant’s conduct;

(d) whether the defendant’s conduct caused a protected consumer to suffer any of the following:

(1) Mental or emotional anguish;

(2) loss of or encumbrance upon a primary residence of the protected consumer;

(3) loss of or encumbrance upon the protected consumer’s principal employment or principal source of income;

(4) loss of funds received under a pension or retirement plan or a government benefits program;

(5) loss of property set aside for retirement or for personal or family care and maintenance; or

(6) loss of assets essential to the health and welfare of the protected consumer; or

(e) any other factors the court deems appropriate.