OFFICE OF
KANSAS ATTORNEY GENERAL
DEREK SCHMIDT
Attorney General Derek Schmidt
BEING A SMART
CONSUMER
Jackie Williams, Assistant
Attorney General – Consumer
Protection Division
Duties of the Attorney General:
50-628
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Enforce the KCPA
Cooperate with federal, state, and local officials in
enforcing comparable statutes
Report to the governor and legislature annually
Office of Kansas Attorney General
Derek Schmidt: Divisions
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Criminal
Civil
Consumer Protection
LOGIC
Medicaid Fraud
Concealed Carry
Crime Victims Compensation Board
KBI
Tobacco
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Protecting Kansas consumers from scams, telemarketing
fraud and other deceptive practices is a priority for our
office.
The Consumer Protection Division of the Attorney
General’s Office exists to help Kansas residents whether
they have suspicious charges on their phone bill or think
they’ve been the victim of identity theft.
The Consumer Protection Division investigates scams and
mediates and prosecutes violations of the Consumer
Protection Act, Kansas False Claims Act, No-Call Act and
others.
Consumer Protection and Antitrust
Division Statistics
Complaints
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4,383 in 2013
4,550 in 2012
6,703 in 2011
Recoveries & Savings
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$49,611,578 in 2013
$49,256,005 in 2012
$10,359,202 in 2011
Identity Theft: The Statistics
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According to the Bureau of Justice 2013 Report:
 An estimated
16.6 million people experienced at
least once incident of identity theft in 2012
 Financial losses due to personal identity theft total
$24.7 billion per year
Identity Theft: The Statistics
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According to the National Criminal Justice
Reference Service:
 The most common types of identity theft are
government documents/benefits fraud, credit card
fraud and phone or utility fraud.
 Victims of identity theft/fraud spend an average of
9 hours resolving the issue
How Does Identity Theft Hurt
Victims?
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Denial of Medical Coverage
Tax Problems (Unreported Income – Stolen Tax
Refund)
Garnishment of Wages
Lawsuits – Default Judgments
Arrests
Time and Expense
How Does Identity Theft Hurt
Victims?
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Direct Financial Loss
Denial of Credit (Mortgage-Car/Student Loans)
Denial of Employment
Denial of Housing
Denial of Public Benefits
Denial of Driver’s License
Old Fashioned Way
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Lost or Stolen Wallets
Theft by: Family and Friends - Care Providers
- Tax Preparers and Financial Advisors
Dumpster Diving
Stolen Mail
Buying it From Corrupt
Employees
New High-Tech Identity Theft
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Skimming (restaurants- gas stations)
Data Breaches
Phishing
Keystroke Loggers and Malicious Code
Peer to Peer File Sharing
Social Networking
Mobile Risks
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Downloading of Apps
Use of Unsecure WiFi Hotspots
Unsecure Data Transfers and Storage
Lost or Stolen Smartphones
Improper Disposal of Old Phones
Two Types of ID Theft Law
Civil
Criminal
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K.S.A. § 21-6107
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 Identity Theft
 Identity
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Fraud
Criminal Penalties
 Sentencing
Range
 Aggravating Factors
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Wayne Owen Law
K.S.A. § 50-6,139
Kansas Consumer
Protection Act
Civil Penalties
 Private Remedies
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Kansas Identity Theft Law: Criminal
K.S.A. § 21-6107
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What is identity theft?
 The act of
obtaining, possessing, transferring,
using, selling or purchasing any personal
identifying information, or document containing
the same, that belongs to or was issued to another
person; and
 Intent to defraud that person, or anyone else, to
receive a benefit; or misrepresent that person in
order to subject that person to economic or bodily
harm.
Personal Identifying Information
K.S.A. § 21-6107
Includes: name, birthdate,
address, phone number,
driver’s license number, social
security card or number, place
of employment, and financial
account numbers
What is Identity Fraud?
K.S.A. § 21-6107
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Using or supplying information the person
knows to be false to obtain a document
containing any personal identifying
information; or
Altering, amending, counterfeiting, making,
manufacturing or otherwise replicating any
document containing personal information
with intent to deceive
Criminal Penalties
K.S.A. § 21-6107
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Identity theft is a:
 Severity
level 8, nonperson felony; and
 Severity level 5, nonperson felony if the monetary
loss to the victim(s) is over $100,000
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Identity fraud is a severity level 8, nonperson
felony
Sentencing Range
Ignorance Is No Defense
K.S.A. § 21-6107(d)
It is not a defense that the person did not
know that the personal identifying information
belongs to another person or that the person
to whom the information belongs is
deceased.
Statute of Limitations
The statue of limitations for ID theft is five years.
K.S.A. 21-5107(d).
Because identity theft can be “not a single act but
a continuous course of criminal conduct,” the
Court has held that the limitation period does not
necessarily begin to run when the first offense is
committed, but rather when the identity is last
used to gain a benefit. State v. Meza, 38 Kan. App.
2d at 251.
Kansas Consumer Protection Act
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K.S.A. 50-623, et seq.
Deceptive Business Practices
Unconscionable Acts
Identity Theft & Security Breaches
No Call Act
The Wayne Owen Law
K.S.A. § 50-6,139
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Identity theft or fraud, as defined by K.S.A. § 216107 is an unconscionable act or practice in
violation of the Kansas Consumer Protection
Act (KCPA).
Violation of this law shall subject the
perpetrator to the remedies and penalties in the
KCPA.
Under this law, proof of a consumer transaction
is not required.
Civil Penalties
K.S.A. § 50-636
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The Attorney General can bring action for up to
$10,000 for each violation of the KCPA.
Any supplier who willfully violates the terms of
any court order issued pursuant to the KCPA
shall pay a civil penalty up to $20,000 per
violation.
The Attorney General can also sue for and
collect reasonable expenses and investigation
fees.
Private Remedies
K.S.A. § 50-634
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A consumer who has been the victim of a KCPA
violation may bring action to:
 Obtain declaratory
judgment
 Get a restraining order against a supplier who has
violated, is violating or is likely to violate the act
 Recover damages
Preventing ID Theft
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Common Sense
Go to www.InYourCornerKansas.org
Overpayment and Fake Check
Scams
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In this scam, fraudsters target consumers
buying or selling a product.
They “accidentally” send you a check for more
than they owe you. They ask you to deposit the
check into your account and wire them the
difference.
By the time the original check turns out to be a
fake and bounces, the fraudster is long gone and
the victim is left on the hook for the fraudulent
check.
The Grandparent Scam
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Scammers make up a fake emergency and
pretend they’re you (I’ve been arrested, I’m in
the hospital).
They then target your friends and family for
help and money.
Don’t believe everything
you hear! Make sure to
verify the emergency
situation before you give
any money.
You’re Hired: Employment Scams
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These scams start with
an offer that’s too good
to be true- work from
home, earn thousands
of dollars next week, etc.
Beware of anyone who insists on only
interviewing you over the phone, who wants you
to wire money for start up supplies or asks you
to fill out an online form with personal
information like your social security number or
bank information.
Phishing Scams
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“Phishing” is when you get an email telling you
that you’ve won a contest or that a company
needs to verify your personal information. The
emails can look very real.
However, once you click the link it downloads a
virus to your computer to get your personal
information.
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Legitimate companies will not
ask you to verify your
information this way.
You’ve Won! Sweepstakes and
Lottery Scams
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These scammers call
people and tell them
they’ve won the lottery,
sweepstakes or a large
monetary prize.
But there’s a catch: they ask the victim to wire
them money for “processing fees” or taxes.
By the time the victim realizes they didn’t win
anything, the scammer and their money are long
gone.
Home Improvement Scams
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These scammers will leave your home in a worse
condition than they found it.
Beware of roofers, pavers and other contractors who
come to your door promising a good deal to repair your
home.
Before paying any money or having any work done,
make sure the contractor is in compliance with all state
and local laws.
 Check our website for more
information on making sure
you’re dealing with a
reputable contractor.
Tax Refund Scam
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In 2013, the IRS issued $4 billion in fraudulent tax
refunds.
Criminals are using people’s personal information to
file a fraudulent tax return and pocket the money.
What to look for:
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Never give out your social security or birth date over the
phone or internet
Be wary from correspondence from someone claiming to be
from the IRS. The IRS will never ask for personal
information via email or phone
Arrest Warrant or Deportation Scam
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With this scam, fraudsters pretending to be law
enforcement or the IRS call, email or send a letter to
people trying to convince them that unless they pay a
fee, they will be arrested or deported.
At least two Kansas residents have been targeted by
this kind of scam; one Sedgwick County resident lost
$9,000.
Don’t be fooled; law enforcement would never serve a
valid warrant over the phone or by email. Neither law
enforcement or the IRS would ever ask for bank
account numbers or personal information over the
phone.
Too Good to Be True: Sales Scams
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If something sounds too good to be true, it probably
is!
Don’t be fooled by high pressure scare tactics, “free”
items, prices that seem too low or “limited time
offers.”
Scammers use the internet, phone and mail to talk
people into buying bogus products by promising
them to lose weight quickly, look 10 years younger,
get rid of debt, etc.
Who Gets Scammed?
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While anyone can find themselves as the victim of a
scam or fraud, there are certain things that make a
victim more attractive to scammers1:
 Consumers who are easily persuaded
 Consumers who don’t take preventive actions to
protect themselves from fraud
 Consumers who expose themselves to many sales
situations
How You Can Protect Yourself
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Trust your judgment. If something seems off, or like
it’s too good to be true, it probably is.
Always protect your personal information.
Use preventative measures like the Do Not Call List,
check references for businesses before hiring them
and use the resources on our website when
researching a company or opportunity.
Be skeptical. Do your own research before you sign
up for anything or make a payment.
Questions/Comments?
Consumer Protection Division
120 SW Tenth Avenue, Fourth Floor
Topeka, KS 66612-1597
(785) 296-3751
Jackie Williams
jackie.williams@ag.ks.org
Thank You