Ch. 172             1997 Session Laws of Kansas             1189

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 50-670 is hereby amended to read as follows: 50-
670. (a) As used in this section:

(1) ``Consumer telephone call'' means a call made by a telephone

1190             1997 Session Laws of Kansas             Ch. 172

solicitor to the residence of a consumer for the purpose of soliciting a sale
of any consumer goods property or services to the person called, or for
the purpose of soliciting an extension of credit for consumer goods prop-
erty or services to the person called, or for the purpose of obtaining
information that will or may be used for the direct solicitation of a sale
of consumer goods property or services to the person called or an exten-
sion of credit for such purposes;

(2) ``consumer goods or services'' means any tangible personal prop-
erty which is normally used for personal, family or household purposes,
including, without limitation, any such property intended to be attached
to or installed in any real property without regard to whether it is so
attached or installed, as well as cemetery lots and time-share estates, and
any services related to such property;

(3) (2) ``unsolicited consumer telephone call'' means a consumer tel-
ephone call other than a call made:

(A) In response to an express request of the person called;

(B) primarily in connection with an existing debt or contract, payment
or performance of which has not been completed at the time of such call;

(C) to any person with whom the telephone solicitor has an existing
business relationship; or

(D) by a newspaper publisher or such publisher's agent or employee
in connection with such publisher's business;

(4) (3) ``telephone solicitor'' means any natural person, firm, organi-
zation, partnership, association or corporation who makes or causes to be
made a consumer telephone call, including, but not limited to, calls made
by use of automatic dialing-announcing device;

(5) (4) ``automatic dialing-announcing device'' means any user ter-
minal equipment which:

(A) When connected to a telephone line can dial, with or without
manual assistance, telephone numbers which have been stored or pro-
grammed in the device or are produced or selected by a random or se-
quential number generator; or

(B) when connected to a telephone line can disseminate a recorded
message to the telephone number called, either with or without manual
assistance.;

(5) ``negative response'' means a statement from a consumer indicat-
ing the consumer does not wish to listen to the sales presentation or par-
ticipate in the solicitation presented in the consumer telephone call.

(b) Any telephone solicitor who makes an unsolicited consumer tel-
ephone call to a residential telephone number shall:

(1) Identify themselves and the business on whose behalf such person
is soliciting and the purpose of the call immediately upon making contact
by telephone with the person who is the object of the telephone solici-
tation;

(2) within 30 seconds after beginning the conversation, inquire

Ch. 172             1997 Session Laws of Kansas             1191

whether the person being solicited is interested in listening to a sales
presentation and immediately discontinue the solicitation if the person
being solicited gives a negative response; and

(1) Identify themselves;

(2) identify the business on whose behalf such person is soliciting;

(3) identify the purpose of the call immediately upon making contact
by telephone with the person who is the object of the telephone solicitation;

(4) immediately discontinue the solicitation if the person being solic-
ited gives a negative response at any time during the consumer telephone
call; and

(3) (5) hang up the phone, or in the case of an automatic dialing-
announcing device operator, disconnect the automatic dialing-announc-
ing device from the telephone line within 25 seconds of the termination
of the call by the person being called.

(c) A telephone solicitor shall not withhold the display of the tele-
phone solicitor's telephone number from a caller identification service
when that number is being used for telemarketing purposes and when the
telephone solicitor's service or equipment is capable of allowing the dis-
play of such number.

(d) A telephone solicitor shall not transmit any written information
by facsimile machine or computer to a consumer after the consumer re-
quests orally or in writing that such transmissions cease.

(c) (e) Telephone companies Local exchange carriers and telecom-
munications carriers shall not be responsible for the enforcement of the
provisions of this section and shall not be liable for any error or omission
in the listings made pursuant hereto.

(d) (f) Any violation of this section is an unconscionable act or practice
under the Kansas consumer protection act.

(e) (g) This section shall be part of and supplemental to the Kansas
consumer protection act.

Sec. 2. K.S.A. 50-670 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 15, 1997.