KS Will Require Disclosures on Offers to File or Retrieve Government Documents
Kansas recently amended its consumer protection act to require certain disclosures when non-government persons solicit fees from consumers for filing with or retrieving records from government sources (local, state, or federal). Among other things, these persons must:
- Identify themselves and their address;
- Include information on how the consumer can file or retrieve these government documents;
- Not use deadlines or make the solicitation appear that it is from a local, state, or federal government; and
- Include a statement, specifically detailed in the provision, stating that the solicitation is an advertisement, not from a government agency, and no action is needed (if mailed, a statement that it is not a government document must be on the envelope).
The new provision does not apply to consumer-initiated communications, or solicitations sent to current or former customers.
Violations of this new provision are considered deceptive acts or practices under the Kansas consumer protection law.
This will be effective July 1, 2025.