Jilted Hay Seller Has No RICO Or Consumer Fraud Claim Against Buyer.

The plaintiff, a Kansas farmer, sold hay to buyers in the U.S.  The defendant operated a cattle operation in Texas and bought hay from the plaintiff in 2011 on separate occasions.  Ultimately, the buyer did not pay for $15,992.35 worth of hay.  The plaintiff sued, asserting relief under the civil federal Racketeer Influenced and Corrupt Organizations Act (RICO) and the Kansas Consumer Protection Act (KCPA).  The defendant motioned to dismiss the claims and the court agreed.  On the RICO claim, the court held that the plaintiff had failed to allege close-ended continuity that threatens future criminal conduct and that the matter was simply a "garden-variety fraud and deceit case."  On the KCPA claim, the court noted that the plaintiff is a supplier and not a consumer and that the statute applied to protect consumers.  Cory v. Bailey, No. 14-1258-MLB, 2015 U.S. Dist. LEXIS 42328 (D. Kan. Mar. 31, 2015).

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