reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-303 (UCCC) Debt secured by cross-collateral.

16a-3-303.
(UCCC) Debt secured by cross-collateral.
(1) If debts arising from two or more consumer credit sales, other than sales pursuant to open end credit, are secured by cross-collateral (section 16a-3-302) or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item is paid.
(2) Payments received by the seller upon an open end credit account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of finance charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(3) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.
History:
L. 1973, ch. 85, § 49; L. 1981, ch. 93, § 8; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-304 (UCCC) Use of multiple agreements.

16a-3-304.
(UCCC) Use of multiple agreements.
(1) A creditor may not engage in a pattern or practice of using multiple agreements to obtain a higher finance charge than would otherwise be permitted by the provisions of the article on finance charges and related provisions (article 2).
(2) The excess amount of finance charge provided for in this section is an excess charge for the purposes of the provisions on rights of parties (K.S.A. 16a-5-201, and amendments thereto) and the provisions on civil actions by administrator (K.S.A. 16a-6-113, and amendments thereto).
History:
L. 1973, ch. 85, § 50; L. 1977, ch. 71, § 2; L. 1999, ch. 107, § 23; L. 2005, ch. 144, § 14; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-305 (UCCC) No assignment of earnings.

16a-3-305.
(UCCC) No assignment of earnings.
(1) A creditor may not take an assignment of earnings of the consumer for payment or as security for payment of a debt arising out of a consumer credit transaction. An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable by the consumer. This section does not prohibit an employee from authorizing deductions from his earnings if the authorization is revocable.
(2) A sale of unpaid earnings made in consideration of the payment of money to or for the account of the seller of the earnings is deemed to be a loan to him secured by an assignment of earnings.
History: L. 1973, ch. 85, § 51; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-306 (UCCC) Authorization to confess judgment prohibited.

16a-3-306.
(UCCC) Authorization to confess judgment prohibited.
A consumer may not authorize any person to confess judgment on a claim arising out of a consumer credit transaction. An authorization in violation of this section is void.
History: L. 1973, ch. 85, § 52; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-307 (UCCC) Certain negotiable instruments prohibited.

16a-3-307.
(UCCC) Certain negotiable instruments prohibited.
With respect to a consumer credit sale or consumer lease, the creditor may not take a negotiable instrument other than a currently dated check as evidence of the obligation of the buyer or lessee.
History:
L. 1973, ch. 85, § 53; L. 1981, ch. 93, § 9; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-308 (UCCC) Balloon payments.

16a-3-308.
(UCCC) Balloon payments.
With respect to a consumer credit transaction, other than one pursuant to open end credit if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the consumer has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable to the consumer than the terms of the original transaction. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the consumer or to a note secured by a real estate mortgage.
History: L. 1973, ch. 85, § 54; L. 1981, ch. 93, § 10; L. 1991, ch. 73, § 1; L. 2002, ch. 125, § 1; L. 2009, ch. 29, § 20; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-308a Loans secured by mortgages on consumer's principal residence; negative amortization and balloon payments prohibited.

16a-3-308a.
Loans secured by mortgages on consumer's principal residence; negative amortization and balloon payments prohibited.
(1) A loan subject to this section may not provide for the negative amortization of principal or a balloon payment. A loan payment is not a balloon payment if the amount of the payment is less than twice the amount of any other payment.
(2) Subsection (1) applies to a consumer loan which is secured by a first mortgage or a second mortgage on the consumer's principal residence and with respect to which (a) the loan-to-value ratio exceeds 100% at the time the loan is made or (b) the annual percentage rate exceeds the code mortgage rate. Notwithstanding the foregoing, subsection (1) does not apply to a loan pursuant to open end credit; a purchase-money loan incurred to acquire or construct the consumer's principal residence; or a reverse mortgage transaction.
(3) The creditor must disburse the proceeds of a consumer loan secured by a first mortgage or a second mortgage upon the satisfaction of all conditions to the disbursement and the expiration of all applicable rescission, cooling-off or other waiting periods required by law, unless the parties otherwise agree in writing.
(4) No person shall record a mortgage if moneys are not available for disbursal to the mortgagor upon the expiration of all applicable rescission, cooling-off or other waiting periods required by law unless, before that recording, the person informs the mortgagor in writing of a definite date by which payment shall be made and obtains the mortgagor's written permission for the delay.
(5) This section shall be supplemental to and a part of the uniform consumer credit code.
History:
L. 1999, ch. 107, § 3; L. 2005, ch. 144, § 15; L. 2006, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-309 (UCCC) Referral sales.

16a-3-309.
(UCCC) Referral sales.
With respect to a consumer credit sale or consumer lease the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a violation of this section to enter into a consumer credit sale or consumer lease, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his option, may rescind the agreement or retain the goods delivered and the benefit of any services performed, without any obligation to pay for them.
History: L. 1974, ch. 85, § 55; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-401 (UCCC) Restriction on liability in consumer lease.

16a-3-401.
(UCCC) Restriction on liability in consumer lease.
The obligation of a lessee upon expiration of a consumer lease may not exceed twice the average payment allocable to a monthly period under the lease. This limitation does not apply to charges for damages to the leased property or for other default.
History:
L. 1973, ch. 85, § 56; L. 1981, ch. 93, § 11; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-402 (UCCC) Limitation on default charges.

16a-3-402.
(UCCC) Limitation on default charges.
Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer credit transaction may not provide for any charges as a result of default by the consumer other than those authorized by K.S.A. 16a-1-101 through 16a-9-102. A provision in violation of this section is unenforceable.
History: L. 1973, ch. 85, § 57; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 3 - Regulation Of Agreements And Practices › 16a-3-403 (UCCC) Credit card issuer subject to defenses.

16a-3-403.
(UCCC) Credit card issuer subject to defenses.
(1) If the issuer of a credit card, other than a lender credit card, is the seller or lessor or a person related to the seller or lessor, or if the seller or lessor is licensed, franchised, or permitted by the issuer to do business under the business name or trade name or designation of the issuer, the issuer is subject to all claims and defenses of a buyer or lessee against the seller or lessor arising out of a sale or lease of goods or services pursuant to the credit card.
(2) The issuer of a lender credit card is not subject to the claims and defenses of a buyer or lessee arising out of a sale or lease of goods or services pursuant to a lender credit card except where a home solicitation sale is involved. For purposes of this section, a "home solicitation sale" means a sale to a consumer of goods (other than equipment used in a business) or services, in which the seller or a person acting for the seller engages in a personal solicitation (other than by telephone or mail) of the sale at a residence of the buyer. It does not include a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
(3) Claims or defenses of a buyer or lessee against a seller or lessor in connection with a home solicitation sale may be asserted against the issuer of the lender credit card only:
(a) If the buyer or lessee has attempted in good faith to obtain reasonable satisfaction from the seller or lessor with respect to claims or defenses, and
(b) to the extent of the amount owing to the issuer with respect to the sale or lease at the time the issuer has notice of the claims or defenses. Notice of the claims or defenses may be given prior to the attempt specified in paragraph (a). The notice, which may generally state the claims or defenses, must be in writing but may be sent to either the seller (or lessor), or to the issuer.
(4) For the purpose of determining the amount owing to the issuer with respect to a sale or lease under a credit card, payments received upon the account are deemed to have been first applied to the payment of finance charges in the order of their entry to the account and then to the payment of debts in the order in which the entries of the debts are made to the account.
(5) An agreement may not provide for greater rights for an issuer of a credit card than this section permits.
History:
L. 1973, ch. 85, § 58; L. 1981, ch. 93, § 12; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-101 (UCCC) Short title.

16a-4-101.
(UCCC) Short title.
This article shall be known and may be cited as revised uniform consumer credit code—insurance.
History: L. 1973, ch. 85, § 61; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-102 (UCCC) Scope.

16a-4-102.
(UCCC) Scope.
(1) Except as provided in subsection (2), this article applies to insurance provided or to be provided in relation to a consumer credit transaction.
(2) The provision on cancellation by a creditor (section 16a-4-304) applies to loans the primary purpose of which is the financing of insurance. No other provision of this article applies to insurance so financed.
History: L. 1973, ch. 85, § 62; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-103 (UCCC) Definition: "Consumer credit insurance."

16a-4-103.
(UCCC) Definition: "Consumer credit insurance."
In this act "consumer credit insurance" means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include:
(a) Insurance provided in relation to a credit transaction in which a payment is scheduled more than 15 years after the extension of credit;
(b) insurance issued as an isolated transaction on the part of the insurer not related to an agreement or plan for insuring consumers of the creditor; or
(c) insurance indemnifying the creditor against loss due to the consumer's default.
History:
L. 1973, ch. 85, § 63; L. 1982, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-104 (UCCC) Creditor's provision of and charge for insurance; excess amount of charge.

16a-4-104.
(UCCC) Creditor's provision of and charge for insurance; excess amount of charge.
(1) Except as otherwise provided in this article and subject to the provisions on additional charges (section 16a-2-501) and maximum finance charges (parts 2 and 4 of article 2), a creditor may agree to provide insurance, and may contract for and receive a charge for insurance separate from and in addition to other charges. A creditor need not make a separate charge for insurance provided or required by him. This act does not authorize the issuance of any insurance prohibited under any statute, or rule thereunder, governing the business of insurance.
(2) The excess amount of a charge for insurance provided for in agreements in violation of this article is an excess charge for the purposes of the provisions of the article on remedies and penalties (article 5) as to effect of violations on rights of parties (section 16a-5-201) and of the provisions of the article on administration (article 6) as to civil actions by the administrator (section 16a-6-113).
History: L. 1973, ch. 85, § 64; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-105 (UCCC) Conditions applying to insurance to be provided by creditor.

16a-4-105.
(UCCC) Conditions applying to insurance to be provided by creditor.
If a creditor agrees with a consumer to provide insurance:
(1) The insurance shall be evidenced by an individual policy or certificate of insurance delivered to the consumer, or sent to him at his address as stated by him, within thirty (30) days after the term of the insurance commences under the agreement between the creditor and consumer; or
(2) the creditor shall promptly notify the consumer of any failure or delay in providing the insurance.
History: L. 1973, ch. 85, § 65; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-106 (UCCC) Unconscionability.

16a-4-106.
(UCCC) Unconscionability.
(1) In applying the provisions of this act on unconscionability (sections 16a-5-108 and 16a-6-111) to a separate charge for insurance, consideration shall be given, among other factors, to:
(a) Potential benefits to the consumer including the satisfaction of his obligations;
(b) the creditor's need for the protection provided by the insurance; and
(c) the relation between the amount and terms of credit granted and the insurance benefits provided.
(2) If consumer credit insurance otherwise complies with this article and other applicable law, neither the amount nor the term of the insurance nor the amount of a charge therefor is unconscionable.
History: L. 1973, ch. 85, § 66; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-107 (UCCC) Maximum charge by creditor for insurance.

16a-4-107.
(UCCC) Maximum charge by creditor for insurance.
(1) Except as provided in subsection (2), if a creditor contracts for or receives a separate charge for insurance, the amount charged to the consumer for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to the consumer is determined, conforming to any rate filings required by law and made by the insurer with the commissioner of insurance.
(2) A creditor who provides consumer credit insurance in relation to open end credit may calculate the charge to the consumer in each billing cycle by applying the current premium rate to the unpaid balance of debt in the same manner as is permitted with respect to finance charges by the provisions on finance charges for consumer credit sales pursuant to open end credit (section 16a-2-202).
History: L. 1973, ch. 85, § 67; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-108 (UCCC) Refund or credit required; amount.

16a-4-108.
(UCCC) Refund or credit required; amount.
(1) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the consumer or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason or prepayment is retained by the creditor or returned to him by the insurer unless the charge was computed from time to time on the basis of the balances of the consumer's account.
(2) This article does not require a creditor to grant a refund or credit to the consumer if all refunds and credits due to him under this article amount to less than one dollar ($1), and except as provided in subsection (1) does not require the creditor to account to the consumer for any portion of a separate charge for insurance because:
(a) The insurance is terminated by performance of the insurer's obligation;
(b) the creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them; or
(c) the creditor receives directly or indirectly under any policy of insurance a gain or advantage not prohibited by law.
(3) Except as provided in subsection (2), the creditor shall promptly make or cause to be made an appropriate refund or credit to the consumer with respect to any separate charge made to him for insurance if:
(a) The insurance is not provided or is provided for a shorter term than that for which the charge to the consumer for insurance was computed; or
(b) the insurance terminates prior to the end of the term for which it was written because of prepayment in full or otherwise.
(4) A refund or credit required by subsection (3) is appropriate as to amount if it is computed according to a method prescribed or approved by the commissioner of insurance or a formula filed by the insurer with the commissioner of insurance at least thirty (30) days before the consumer's right to a refund or credit becomes determinable, unless the method or formula is employed after the commissioner of insurance notifies the insurer that he disapproves it.
History: L. 1973, ch. 85, § 68; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-109 (UCCC) Existing insurance; choice of insurer; notice of option.

16a-4-109.
(UCCC) Existing insurance; choice of insurer; notice of option.
If a creditor requires insurance, the consumer shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the consumer, or through a policy to be obtained and paid for by the consumer, but the creditor may for reasonable cause decline the insurance provided by the consumer. The creditor shall provide the consumer with a written notice on the loan agreement or other instrument fully informing the consumer of the option authorized by this section.
History:
L. 1973, ch. 85, § 69; L. 1988, ch. 153, § 2; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-110 (UCCC) Charge for insurance in connection with a refinancing or consolidation; duplicate charges.

16a-4-110.
(UCCC) Charge for insurance in connection with a refinancing or consolidation; duplicate charges.
(1) A creditor may not contract for or receive a separate charge for insurance in connection with a refinancing (section 16a-2-504) or a consolidation (section 16a-2-505), unless:
(a) The consumer agrees at or before the time of refinancing or consolidation that the charge may be made;
(b) the consumer is or is to be provided with insurance for an amount or a term, or insurance of a kind, in addition to that to which he would have been entitled had there been no refinancing or consolidation;
(c) the consumer receives a refund or credit on account of any unexpired term of existing insurance in the amount that would be required if the insurance were terminated (section 16a-4-108); and
(d) the charge does not exceed the amount permitted by this article (section 16a-4-107).
(2) A creditor may not contract for or receive a separate charge for insurance which duplicates insurance with respect to which the creditor has previously contracted for or received a separate charge.
History: L. 1973, ch. 85, § 70; L. 1993, ch. 200, § 13; January 1, 1994.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-111 (UCCC) Cooperation between administrator and commissioner of insurance.

16a-4-111.
(UCCC) Cooperation between administrator and commissioner of insurance.
The administrator and the commissioner of insurance are authorized and directed to consult and assist one another in maintaining compliance with this article. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriate, if either of them is otherwise empowered to take the action. If the administrator is informed of a violation or suspected violation by an insurer of this article, or of the insurance laws, rules, and regulations of this state, he shall advise the commissioner of insurance of the circumstances.
History: L. 1973, ch. 85, § 71; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-112 (UCCC) Administrative action of commissioner of insurance.

16a-4-112.
(UCCC) Administrative action of commissioner of insurance.
(1) To the extent that the commissioner's responsibility under this article requires, the commissioner of insurance shall issue rules with respect to insurers, and with respect to refunds (K.S.A. 16a-4-108, and amendments thereto), forms, schedules of premium rates and charges (K.S.A. 16a-4-203, and amendments thereto), and the commissioner's approval or disapproval thereof and, in case of violation, may make an order for compliance.
(2) Each provision on administrative procedures and judicial review of the article on administration (article 6) which applies to and governs administrative action taken by the administrator also applies to and governs all administrative action taken by the commissioner of insurance pursuant to this section.
History:
L. 1973, ch. 85, § 72; L. 1999, ch. 107, § 25; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-201 (UCCC) Term of insurance.

16a-4-201.
(UCCC) Term of insurance.
(1) Consumer credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the consumer becomes obligated to the creditor or when the consumer applies for the insurance, whichever is later, except as follows:
(a) If any required evidence of insurability is not furnished until more than thirty (30) days after the term would otherwise commence, the term may commence on the date when the insurer determines the evidence to be satisfactory; or
(b) if the creditor provides insurance not previously provided covering debts previously created, the term may commence on the effective date of the policy.
(2) The originally scheduled term of the insurance shall extend at least until the due date of the last scheduled payment of the debt except as follows:
(a) If the insurance relates to an open end credit account, the term need extend only until the payment of the debt under the account and may be sooner terminated after at least thirty (30) days' notice to the consumer; or
(b) if the consumer is advised in writing that the insurance will be written for a specified shorter time, the term need extend only until the end of the specified time.
(3) The term of the insurance shall not extend more than fifteen (15) days after the originally scheduled due date of the last scheduled payment of the debt unless it is extended without additional cost to the consumer or as an incident to a deferral, refinancing, or consolidation.
History: L. 1973, ch. 85, § 73; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-202 (UCCC) Amount of insurance.

16a-4-202.
(UCCC) Amount of insurance.
(1) Except as provided in subsection (2):
(a) In the case of consumer credit insurance providing life coverage, the amount of insurance may not initially exceed the debt and, if the debt is payable in installments, may not at any time exceed the greater of the scheduled or actual amount of the debt; or
(b) in the case of any other consumer credit insurance, the total amount of periodic benefits payable may not exceed the total of scheduled unpaid installments of the debt, and the amount of any periodic benefit may not exceed the original amount of debt divided by the number of periodic installments in which it is payable.
(2) If consumer credit insurance is provided in connection with an open end credit account, the amounts payable as insurance benefits may be reasonably commensurate with the amount of debt as it exists from time to time. If consumer credit insurance is provided in connection with a commitment to grant credit in the future, the amounts payable as insurance benefits may be reasonably commensurate with the total from time to time of the amount of debt and the amount of the commitment.
History:
L. 1973, ch. 85, § 74; L. 1988, ch. 85, § 9; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-203 (UCCC) Filing and approval of rates and forms.

16a-4-203.
(UCCC) Filing and approval of rates and forms.
(1) A creditor may not use a form or a schedule of premium rates or charges, the filing of which is required by this section, if the commissioner of insurance has disapproved the form or schedule and has notified the insurer of his disapproval. A creditor may not use a form or schedule unless:
(a) The form or schedule has been on file with the commissioner of insurance for thirty (30) days, or has earlier been approved by him; and
(b) the insurer has complied with this section with respect to the insurance.
(2) Except as provided in subsection (3), all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders relating to consumer credit insurance delivered or issued for delivery in this state, and the schedules of premium rates or charges pertaining thereto, shall be filed by the insurer with the commissioner of insurance. Within thirty (30) days after the filing of any form or schedule, he shall disapprove it if the premium rates or charges are unreasonable in relation to the benefits provided under the form, or if the form contains provisions which are unjust, unfair, inequitable, or deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of the insurance code or of any rule or regulation promulgated thereunder.
(3) If a group policy has been delivered in another state, the forms to be filed by the insurer with the commissioner of insurance are the group certificates and notices of proposed insurance. He shall approve them if:
(a) They provide the information that would be required if the group policy were delivered in this state; and
(b) the applicable premium rates or charges do not exceed those established by his rules or regulations.
History: L. 1973, ch. 85, § 75; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-301 (UCCC) Property insurance.

16a-4-301.
(UCCC) Property insurance.
(1) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless:
(a) The insurance covers a substantial risk of loss of or damage to property related to the credit transaction;
(b) the amount, terms, and conditions of the insurance are reasonable in relation to the character and value of the property insured or to be insured; and
(c) the term of the insurance is reasonable in relation to the terms of credit.
(2) The term of the insurance is reasonable if it is customary and does not extend substantially beyond a scheduled maturity.
(3) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless property is purchased pursuant to a credit card or in a transaction pursuant to open end credit, or unless the amount financed exclusive of charges for the insurance is $900 or more, and the value of the property is $900 or more.
History:
L. 1973, ch. 85, § 76; L. 1999, ch. 107, § 24; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-302 (UCCC) Insurance on creditor's interest only.

16a-4-302.
(UCCC) Insurance on creditor's interest only.
If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not willfully caused by the consumer is on the consumer only to the extent of any deficiency in the effective coverage of the insurance, even though the insurance covers only the interest of the creditor.
History: L. 1973, ch. 85, § 77; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-303 (UCCC) Liability insurance.

16a-4-303.
(UCCC) Liability insurance.
A creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability arising out of the ownership or use of property related to the credit transaction.
History: L. 1973, ch. 85, § 78; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 4 - Insurance › 16a-4-304 (UCCC) Cancellation by creditor.

16a-4-304.
(UCCC) Cancellation by creditor.
A creditor shall not request cancellation of a policy of property or liability insurance except after the consumer's default or in accordance with a written authorization by the consumer, and in either case the cancellation does not take effect until written notice is delivered to the consumer or mailed to him at his address as stated by him. The notice shall state that the policy may be cancelled on a date not less than ten (10) days after the notice is delivered, or, if the notice is mailed, not less than thirteen (13) days after it is mailed.
History: L. 1973, ch. 85, § 79; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-101 (UCCC) Short title.

16a-5-101.
(UCCC) Short title.
This article shall be known and may be cited as revised uniform consumer credit code—remedies and penalties.
History: L. 1973, ch. 85, § 80; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-102 (UCCC) Scope.

16a-5-102.
(UCCC) Scope.
This part applies to actions or other proceedings to enforce rights arising from consumer credit transactions and, in addition, to extortionate extensions of credit (section 16a-5-107).
History: L. 1973, ch. 85, § 81; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-107 (UCCC) Extortionate extensions of credit.

16a-5-107.
(UCCC) Extortionate extensions of credit.
(1) If it is the understanding of the creditor and the consumer at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the consumer.
(2) If it is shown that an extension of credit was made at an annual rate exceeding thirty-six percent (36%) calculated according to the actuarial method and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1).
History: L. 1973, ch. 85, § 83; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-108 (UCCC) Unconscionability; inducement by unconscionable conduct.

16a-5-108.
(UCCC) Unconscionability; inducement by unconscionable conduct.
(1) With respect to a consumer credit transaction, if the trier of fact finds:
(a) The agreement to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct, the court may refuse to enforce the agreement; or
(b) any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or may enforce the remainder of the agreement without the unconscionable clause, or may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) If it is claimed or appears to the trier of fact that the agreement or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
(3) For the purpose of this section, a charge or practice expressly permitted by this act is not unconscionable.
History: L. 1973, ch. 85, § 84; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-109 (UCCC) Default.

16a-5-109.
(UCCC) Default.
An agreement of the parties to a consumer credit transaction with respect to default on the part of the consumer is enforceable only to the extent that:
(1) The consumer fails to make a payment as required by agreement; or
(2) the prospect of payment, performance, or realization of collateral is significantly impaired; the burden of establishing the prospect of significant impairment is on the creditor.
History: L. 1973, ch. 85, § 85; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-110 (UCCC) Notice of consumer's right to cure.

16a-5-110.
(UCCC) Notice of consumer's right to cure.
(1) After a consumer has been in default for 10 days for failure to make a required payment in a consumer credit transaction payable in installments, a creditor may give the consumer the notice described in this section. A creditor gives notice to the consumer under this section when the creditor delivers the notice to the consumer or delivers or mails the notice to the address of the consumer's residence as provided in subsection (6) of K.S.A. 16a-1-201, and amendments thereto.
(2) The notice shall be in writing and shall conspicuously state: The name, address, and telephone number of the creditor to which payment is to be made, a brief description of the credit transaction, the consumer's right to cure the default, the amount of payment and date by which payment must be made to cure the default and the consumer's possible liability for the reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees, as provided in K.S.A. 16a-2-507, and amendments thereto. A notice in substantially the following form complies with this section:
______________________________________
(Name, address, and telephone number of creditor)
______________________________________
(Account number, if any)
______________________________________
(Brief description of credit transaction)
________________ is the LAST DAY FOR PAYMENT
(Date)
________________  is the AMOUNT NOW DUE
(Amount)
You are late in making your payment(s). If you pay the AMOUNT NOW DUE (above) by the LAST DAY FOR PAYMENT (above), you may continue with the contract as though you were not late. If you do not pay by this date, we may exercise our rights under the law. You may be obligated to pay reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees, except that such costs of collection: (1) May not include costs that were incurred by a salaried employee of the creditor or its assignee; (2) may not include the recovery of both attorney fees and collection agency fees; and (3) shall not be in excess of 15% of the unpaid debt after default.
If you are late again in making your payments, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone the creditor promptly.
History:
L. 1973, ch. 85, § 86; L. 1974, ch. 91, § 2; L. 1994, ch. 276, § 2; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-111 (UCCC) Cure of default.

16a-5-111.
(UCCC) Cure of default.
(1) This section applies to consumer credit transactions.
(2) Except as provided in subsection (3), after a default consisting only of the consumer's failure to make a required payment in a consumer credit transaction payable in installments, a creditor may neither accelerate maturity of the unpaid balance of the obligation nor take possession of collateral because of that default until 20 days after a notice of the consumer's right to cure (K.S.A. 16a-5-110, and amendments thereto) is given. Until 20 days after the notice is given, the consumer may cure all defaults consisting of a failure to make the required payment by tendering the amount of all unpaid sums due at the time of the tender, without acceleration, plus any unpaid delinquency charges. Cure restores the consumer to the consumer's rights under the agreement as though the defaults had not occurred.
(3) With respect to defaults on the same obligation after a creditor has once given a notice of consumer's right to cure (K.S.A. 16a-5-110, and amendments thereto), this section gives the consumer no right to cure and imposes no limitation on the creditor's right to proceed against the consumer or the collateral.
History:
L. 1973, ch. 85, § 87; L. 1974, ch. 91, § 3; L. 2005, ch. 144, § 17; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-112 (UCCC) Creditor's right to take possession after default.

16a-5-112.
(UCCC) Creditor's right to take possession after default.
Upon default by a consumer, unless the consumer voluntarily surrenders possession of the collateral to the creditor, the creditor may take possession of the collateral without judicial process only if possession can be taken without entry into a dwelling and without the use of force or other breach of the peace.
History: L. 1973, ch. 85, § 88; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-202 (UCCC) Refunds and penalties as setoff to obligation.

16a-5-202.
(UCCC) Refunds and penalties as setoff to obligation.
Refunds or penalties to which the consumer is entitled pursuant to this part may be set off against the consumer's obligation, and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this part.
History: L. 1973, ch. 85, § 90; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-203 (UCCC) Civil liability for violation of disclosure provisions.

16a-5-203.
(UCCC) Civil liability for violation of disclosure provisions.
(1) Except as otherwise provided in this section, a creditor who, in violation of the provisions of the rules and regulations adopted by the administrator pursuant to K.S.A. 16a-6-117, and amendments thereto, fails to disclose information to a person entitled to the information under the provisions of K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, is liable to that person in an amount equal to the sum of:
(a) Twice the amount of the finance charge in connection with the transaction, but the liability pursuant to this paragraph shall be not less than $200 or more than $2,000; and
(b) in the case of a successful action to enforce the liability under paragraph (a), the costs of the action together with reasonable attorney's fees as determined by the court.
(2) A creditor has no liability under this section if within 15 days after discovering an error, and prior to the institution of an action under this section or the receipt of written notice of the error, the creditor notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the person will not be required to pay a credit service charge or loan finance charge in excess of the amount or percentage rate actually disclosed.
(3) A creditor may not be held liable in any action brought under this section for a violation of the provisions of K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
(4) Any action which may be brought under this section against the original creditor in any credit transaction involving a security interest in land may be maintained against any subsequent assignee of the original creditor where the assignee, its subsidiaries, or affiliates were in a continuing business relationship with the original creditor either at the time the credit was extended or at the time of the assignment, unless the assignment was involuntary, or the assignee shows by a preponderance of evidence that it did not have reasonable grounds to believe that the original creditor was engaged in violations of this act and that it maintained procedures reasonably adapted to apprise it of the existence of the violations.
(5) No action pursuant to this section may be brought more than one year after the date of the occurrence of the violation.
(6) The liability of the creditor under this section is in lieu of and not in addition to the creditor's liability under the federal truth in lending act; no action with respect to the same violation may be maintained pursuant to both this section and the federal truth in lending act.
History:
L. 1973, ch. 85, § 91; L. 1981, ch. 93, § 15; L. 1988, ch. 85, § 10; L. 1999, ch. 107, § 26; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 5 - Remedies And Penalties › 16a-5-301 (UCCC) Intentional violations; penalties.

16a-5-301.
(UCCC) Intentional violations; penalties.
(1) It is unlawful for any person to violate any of the provisions of this act, any rule and regulation adopted or order issued under this act. A conviction for an intentional violation is a class A nonperson misdemeanor. A second or subsequent conviction of this subsection is severity level 7 nonperson felony. No person may be imprisoned for the violation of this section if such person proves that such person had no knowledge of the rule and regulation or order.
(2) The criminal liability of a person under this section is in lieu of and not in addition to the creditor's criminal liability under the federal truth in lending act. No prosecution of a person with respect to the same violation may be maintained pursuant to both this section and the federal truth in lending act.
(3) A person, other than a supervised financial organization or an attorney or collection agency who does not purchase the credit obligation, who willfully engages in the business of entering into consumer credit transactions, or of taking assignments of rights against consumers arising therefrom and undertakes direct collection of payments or enforcement of these rights, without complying with the provisions of this act concerning notification (K.S.A. 16a-6-202, and amendments thereto) or payment of fees (K.S.A. 16a-6-203, and amendments thereto), is guilty of a class A misdemeanor and upon conviction thereof shall be punished in the manner provided by law.
History:
L. 1973, ch. 85, § 92; L. 1999, ch. 107, § 27; July 1.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-101 (UCCC) Short title.

16a-6-101.
(UCCC) Short title.
This article shall be known and may be cited as revised uniform consumer credit code—administration.
History: L. 1973, ch. 85, § 94; January 1, 1974.
2023 Kansas Statutes › Chapter 16a - Consumer Credit Code › Article 6 - Administration › 16a-6-102 (UCCC) Applicability.

16a-6-102.
(UCCC) Applicability.
This part applies to persons who in this state (1) make or solicit consumer credit transactions; or
(2) directly collect payments from or enforce rights against consumers arising from consumer credit transactions, wherever they are made.
History: L. 1973, ch. 85, § 95; January 1, 1974.