Kansas Consumer Protection Act vs. Private Parking Operators (K.S.A. §50-623)
The Kansas Consumer Protection Act (K.S.A. §50-623 et seq.) prohibits 'deceptive' and 'unconscionable' acts. Private parking operators (Premium Parking, ABM, ParkMobile lots, Park Wichita, Standard Parking) frequently engage in: (1) Hidden fees not disclosed at entry; (2) Booting/wheel-locking without proper authorization; (3) Threats of credit reporting for civil parking debts; (4) Excessive 'admin fees' bearing no relationship to cost; (5) Refusing to release vehicle without payment of disputed amounts. Under K.S.A. §50-634, consumers can sue for actual damages, $10,000 civil penalty per violation, and attorney's fees. Kansas Attorney General actively prosecutes KCPA cases.
Legal basis
K.S.A. §50-623 et seq. (KCPA); K.S.A. §50-634 (private right of action); K.S.A. §50-636 (civil penalties)
Sample appeal wording
TO: [Operator] CC: Kansas Attorney General Consumer Protection Division, 120 SW 10th Avenue, Topeka, KS 66612 RE: Demand under K.S.A. §50-634 - Kansas Consumer Protection Act Dear Operator, This letter is formal demand under the Kansas Consumer Protection Act, K.S.A. §50-623 et seq., for refund of $[AMOUNT] paid in connection with parking at [LOT] on [DATE]. Your conduct constitutes deceptive and unconscionable practices in violation of K.S.A. §50-626 and §50-627, specifically: 1. Charging fees not conspicuously disclosed at entry to the parking facility. 2. Charging an 'administrative fee' of $[X] bearing no reasonable relationship to actual cost. 3. Threatening adverse credit reporting for an unsecured civil parking fee. 4. [Other applicable] Under K.S.A. §50-634, I am entitled to actual damages, civil penalties up to $10,000 per violation, and attorney's fees. If full refund of $[AMOUNT] is not received within thirty (30) days, I will: - File complaint with Kansas Attorney General - File suit in district court / small claims - Notify credit bureaus of dispute Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- K.S.A. §50-623 et seq.
- K.S.A. §50-634
- Kansas Attorney General