State AGs and Consumer Protection: What We Learned From…Kansas

In this blog post, authors Paul L. Singer, Abigail Stempson, Beth Bolen Chun, Andrea deLorimier & Joseph Cahill (Kelley Drye) share insights from a recent webinar featuring senior officials from the Kansas Attorney General’s Office discussing the state’s consumer protection priorities and its growing focus on AI-related harms. The Kansas Public Protection Division oversees a broad range of enforcement areas, including consumer protection, antitrust, scams, and charities, with investigations often driven by complaint patterns and multistate collaboration. Since 2023, the office has secured more than $180 million in consumer recoveries and judgments.

The authors explain that Kansas relies heavily on the Kansas Consumer Protection Act, which provides broad authority to pursue deceptive or unfair business practices, including those involving emerging technologies such as AI. Officials indicated that existing laws already provide significant enforcement flexibility, though they also support more targeted AI legislation. Kansas primarily resolves matters through consent judgments and places strong emphasis on restitution for consumers, while maintaining the ability to seek significant penalties and injunctive relief against businesses engaged in harmful conduct.

A major focus of the discussion centered on AI risks to children. Kansas officials highlighted concerns involving AI chatbots encouraging self-harm, engaging in inappropriate relationships with minors, or presenting themselves as mental health professionals. The webinar examined proposed legislation, SB 405, which sought to prohibit AI systems from simulating emotional relationships, encouraging suicide, or impersonating healthcare providers. Although the bill did not advance, the Attorney General’s Office indicated that these categories of conduct remain enforcement priorities under existing authority.

The post concludes with practical guidance for companies interacting with the Kansas AGO. Officials encouraged businesses to engage proactively, cooperate transparently during investigations, and provide substantive, well-organized responses to inquiries or subpoenas. The speakers emphasized that cooperative behavior, particularly in technically complex AI matters, can significantly improve outcomes, while evasive or overly aggressive responses are likely to escalate investigations and increase the likelihood of stronger enforcement action…

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