On April 7, the governor of Kansas signed into law HB 2118 (the “Act”), which mandates that any person, other than a government entity, soliciting fees for filing or retrieving documents from federal, state or local government entities must provide specific notices to consumers. The Act requires solicitations to include certain disclaimers, including, among others, that the offer is an advertisement, not from a government agency, and no payment or other action is necessary. Solicitations must not be in a form or use deadline dates or other language that makes the document appear to be issued by a government entity or to impose a legal duty on the person being solicited. Failure to comply with these requirements constitutes a “deceptive act or practice” under the Kansas Consumer Protection Act, subjecting violators to penalties. The Act will take effect following its publication in the statute book.
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