Consumer Protection Frequently Asked Questions
I think a business has defrauded me. What can I do?
I just received a call from a charity. How can I find out if the charity is legitimate?
How can I remove my name from telephone, mail and/or e-mail lists?
What does the three-day right to cancel mean?
I am getting ready to purchase a car. Do you have any tips?
I am getting ready to do some repairs to my home. Do you have any tips?
Is there a telemarketing law in Kansas?
Can we give legal advice?
What are some problems that we solve?
What are some types of problems we do not solve?
Q. I think a business has defrauded me. What can I do?
A. First, try to resolve it yourself.
- Here's an example complaint to business letter.
- Contact our office at 913-715-3003 or file a formal complaint with us.
- You can also contact the Kansas Attorney General's Consumer Protection Office at 1-800-432-2310 or 913-296-3751.
Q. I just received a call from a charity. How can I find out if the charity is legitimate?
A. Many charities provide valuable services for people. Unfortunately, there are some solicitors that take advantage of individuals who really want to donate money for a good cause. The following are suggestions by our office that may help you in determining which charity to give to:
- Beware of solicitors that use names of well- known charities and/ or use common pleas for police, firefighter, veteran’s and children’s causes.
- Check out the charity before you make a donation.
- Pay the charity directly instead of going through the solicitor. Remember, solicitors receive a portion of the actual money donated.
- Contact the charity directly to determine how much of your money donated actually goes to the charity. Ask for financial statements. Ask for information on the board of directors and other services that the charity has provided. A legitimate charity will gladly answer your questions.
- Be aware of solicitors who refuse to answer your questions or insist that you donate your money first.
- Ask if the charity is registered in Kansas or check online. Most charities are required to register with their office, although there are some exceptions.
- Remember, what sounds too good to be true, probably is.
- Contact our office at 913-715-3003 to determine if complaints have been filed against a specific organization.
- Contact the National Charities Information Bureau at 212-929-6300.
Q. How can I remove my name from telephone, mail and/or e-mail lists?
A. The Direct Marketing Association Consumer Assistance website contains detailed information about their free Mail, Telephone and e-Mail Preference Services which are designed to reduce targeted advertising.
Q. What does the three-day right to cancel mean?
A. The Kansas Consumer Protection Act, KSA 50-640, refers to door-to-door sales, cancellation and required disclosures. According to the statute the consumer has the right to cancel a door-to-door sale made within this state until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase goods or services. Some of the disclosures are:
- Consumers should be provided a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution, and which shows the date of the transaction and contains the name and address of the supplier, and a space for the signature of the consumer.
- Merchants are required to advise consumers, orally and in writing, of the consumer’s three-day right to cancel. A statement in substantially the following form should be provided to you by the merchant and state: “You the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction, see the attached notice of cancellation form for an explanation of this right.” “Buyer” means “consumer.”
Q. I am getting ready to purchase a car. Do you have any tips?
A. If you are buying a new or used car consumers should know the following tips:
- Never purchase a vehicle on impulse or in response to high pressure sales tactics.
- Have the dealer provide you with prior information on the vehicle, such as, title history and Carfax information.
- Ask the dealership if the vehicle has had any prior damage or mechanical problems.
- Determine what the actual miles of the vehicle.
- Get all promises in writing. Fully understand all language contained in any financing statements, such as number of payments, insurance, early termination if it is going to be leased, etc.
- Remember, once you purchase the car, it’s yours. There is no three-day right to cancel.
Q. I am getting ready to do some repairs to my home. Do you have any tips?
A. Home improvement repairs are some of the top complaints that our office receives. To avoid being a victim of a home repair scam, you should be aware of the following:
- Get several estimates before deciding which person you want to do business with.
- Get their business name, their name, address and telephone number.
- Check their references.
- Contact our office at 913-715-3003, the Kansas Attorney General’s Office and the Better Business Bureau and ask if any complaints have been filed against that business.
- Be extremely cautious of individuals who solicit business door-to-door.
- Make sure you get the agreement in writing and that you are provided a copy. Be sure to require the “start date” and “complete date” to be specifically set out in the contract.
- Never pay for the entire job before the work has started. Most legitimate companies require only a percentage of the cost up front.
Q. Is there a telemarketing law in Kansas?
A. Yes. According to the Kansas Consumer Protection Act, KSA 50-671 through 50-674, the telemarketing laws in Kansas requires some of the following:
- If a call if placed from an automatic dialing device and the consumer hangs up, the call must be terminated within 25 seconds.
- A telemarketer must identify themselves and the business on whose behalf they are soliciting and the purpose of the call.
- Tell the telemarketer to be taken off their call list.
- Just say “NO.” Upon receiving a negative response the telemarketer is required to immediately discontinue the call.
- If you receive these types of calls and your attempts to terminate the conversation are not successful, you can contact our office at 913-715-3003 or file a formal complaint with us. You can also contact the Kansas Attorney General’s Office at 1-800-432-2310 or the Federal Trade Commission at 1-877-FTC-HELP (1-877-382-4357).
Q. Can we give legal advice?
A. No, the District Attorney’s Office cannot offer legal advice or act on behalf of individuals. Our office can provide general information and direct you to the appropriate agencies. You may wish to contact a private attorney or Kansas Legal Services of Olathe, which offers free assistance in certain areas, at 913-764-8585.
Q. What are some problems that we solve?
A. Our office, through enforcement of the Kansas Consumer Protection Act, identifies and investigates deceptive and unconscionable acts committed by area merchants against consumers within Johnson County. Some areas of fraud that our office will investigate are:
- Automobiles
--New/Used Car Purchases
--Car Repairs
--Odometer Rollback - Charitable Solicitations
- Door-to-door Sales
- Home Improvement
- Telemarketing
- Slamming/Cramming
- Magazine Sales
- Travel Scams
- Vacation Time Shares
- Investment Scams
- Pyramid Schemes
Q. What are some types of problems we do not solve?
A. Our office covers several forms of consumer fraud. However, the Kansas Consumer Protection Acts prohibits our office from acting on behalf of consumers who have problems in certain areas:
- For lemon law problems, contact the Kansas Attorney General's Office and 1-800-432-2310.
- For landlord-tenant difficulties, contact the Greater Kansas City Housing Information Center at 913-829-4584.
- For shoddy-workmanship, business-to-business complaints, contracts disputes or other areas, you may wish to contact an private attorney with regards to your legal rights.
