Overview: Consumers have broad remedies to recover from businesses and insurance companies who misrepresent the facts, improperly attempt to eliminate consumer remedies or who improperly refuse to pay insurance claims. We have experience in all areas of consumer law. We provide legal advice to consumers, businesses and insurance companies concerning the rights of consumers under the Kansas Consumer Protection Act, the Consumer Credit Code and under various statutes that provide remedies to consumers under insurance contracts.
Kansas Consumer Protection Act: This Act provides the consumer with the ability to return a motor vehicle and obtain a refund of the purchase price, less a reasonable allowance for the consumer’s use of the vehicle, if the manufacturer or dealer is unable to repair a vehicle to honor the warranty after a reasonable number of attempts (“Lemon Law”). This Act also provides recovery of penalties of up to $10,000.00 for each violation (up to $20,000.00 if you are elderly or disabled), plus recovery of attorney’s fees where a seller has used deceptive or unconscionable sales practices. Penalties and recovery of attorney’s fees are also recoverable where a seller has improperly disclaimed implied warranties or a consumer’s remedies. We have represented both individuals and businesses under this Act. We have defended a manufacturer that was sued under this Act for alleged deceptive practices and breach of warranties. See, e.g., Farrell v General Motors Corp., 249 Kan. 231, 815 P. 2d 538 (1991).
Kansas Consumer Credit Code: This Act protects consumers against unfair practices when a consumer buys a product, enters into a lease or borrows money. If a creditor violates this Act, a consumer may recover actual damages, penalties ranging from a minimum of $100.00 up to a maximum of $2,000.00, and attorney’s fees. We have defended lenders who have been sued under this Act. See, e.g., Beets, et al v American Liberty Capital Corp, Case No. 99 C 3006, District Court, Sedgwick County, Kansas (2000).
Consumer Rights under Insurance Policies: We have advised both insurance companies and consumers about their rights and obligations under various insurance policies and Kansas statutes. Consumers also have important rights under uninsured motorist and underinsured motorist coverage. Insurance companies must be sensitive to the rights of consumers under insurance policies and these statutes in order to avoid the imposition of attorney’s fees incurred by the consumer. See, Insurance Claims Area of Practice for additional information.
Attorneys who practice in this area: Alan R. Pfaff.