(Download) "State Ex Rel. Miller v. Midwest Serv. Bur. of Topeka" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Miller v. Midwest Serv. Bur. of Topeka
- Author : Supreme Court of Kansas
- Release Date : January 28, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The opinion of the court was delivered by This is an action brought by Vern Miller, district attorney of
Sedgwick County, seeking a declaratory judgment, an injunction,
and civil penalties under the Kansas Consumer Protection Act
(KCPA), K.S.A. 50-623 et seq. The defendant, Midwest Service
Bureau of Topeka, Inc., is an independent debt collection agency.
In the amended petition, the plaintiff charges the defendant with
the commission of certain deceptive and unconscionable practices
prohibited by the KCPA. The defendant moved to dismiss the action
on the ground that the KCPA does not apply to independent debt
collection agencies. The trial court overruled defendant's motion
to dismiss, holding that the KCPA was applicable to the
defendant. Since the issue of law was of controlling significance
in the case, the defendant, with the approval of the district
court, took an interlocutory appeal pursuant to K.S.A.
60-2102(b). The sole issue presented on the appeal
[229 Kan. 323]
is thus one of law and is essentially this: Is the Kansas
Consumer Protection Act (K.S.A. 50-623 et seq.) applicable to
independent debt collection agencies?