reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-709 Conditions of disclosure to consumers.

50-709.
Conditions of disclosure to consumers.
(a) A consumer reporting agency shall make the disclosures required under K.S.A. 50-708 during normal business hours and on reasonable notice.
(b) The disclosures required under K.S.A. 50-708 shall be made to the consumer
(1) in person if the consumer appears in person and furnishes proper identification; or
(2) by telephone if the consumer has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer.
(c) Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him or her pursuant to K.S.A. 50-708.
(d) The consumer shall be permitted to be accompanied by one other person of his or her choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.
(e) Except as provided in K.S.A. 50-715 and 50-716, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to K.S.A. 50-708, 50-709 or 50-714, except as to false information furnished with malice or willful intent to injure such consumer.
History:
L. 1973, ch. 85, § 144; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-710 Procedure in case of disputed accuracy.

50-710.
Procedure in case of disputed accuracy.
(a) If the completeness or accuracy of any item of information contained in his or her file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete such information. The presence of contradictory information in the consumer's file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant.
(b) If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute.
(c) Whenever a statement of dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof.
(d) Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (b) or (c) of this section to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information. The consumer reporting agency shall clearly and conspicuously disclose to the consumer his or her rights to make such a request. Such disclosure shall be made at or prior to the time the information is deleted or the consumer's statement regarding the disputed information is received.
History:
L. 1973, ch. 85, § 145; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-711 Charges for certain disclosures.

50-711.
Charges for certain disclosures.
A consumer reporting agency shall make all disclosures pursuant to K.S.A. 50-708 and furnish all consumer reports pursuant to K.S.A. 50-710(d) without charge to the consumer if, within thirty (30) days after receipt by such consumer of a notification pursuant to K.S.A. 50-714 or notification from a debt collection agency affiliated with such consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected, the consumer makes a request under K.S.A. 50-708 or 50-710(d). Otherwise, the consumer reporting agency may impose a reasonable charge on the consumer for making disclosure to such consumer pursuant to K.S.A. 50-708, the charge for which shall be indicated to the consumer prior to making disclosure; and for furnishing notifications, statements, summaries, or codifications to persons designated by the consumer pursuant to K.S.A. 50-710(d), the charge for which shall be indicated to the consumer prior to furnishing such information and shall not exceed the charge that the consumer reporting agency would impose on each designated recipient for a consumer report except that no charge may be made for notifying such persons of the deletion of information which is found to be inaccurate or which can no longer be verified.
History:
L. 1973, ch. 85, § 146; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-712 Public record information for employment purposes.

50-712.
Public record information for employment purposes.
A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall
(a) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or
(b) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.
History:
L. 1973, ch. 85, § 147; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-713 Restrictions on investigative consumer reports.

50-713.
Restrictions on investigative consumer reports.
Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report (other than information which is a matter of public record) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the three-month period preceding the date the subsequent report is furnished.
History:
L. 1973, ch. 85, § 148; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-714 Requirements on users of consumer reports.

50-714.
Requirements on users of consumer reports.
(a) Whenever credit or insurance for personal, family or household purposes, or employment involving a consumer is denied or the charge for such credit or insurance is increased either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken and supply the name and address of the consumer reporting agency making the report.
(b) Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumer's written request for the reasons for such adverse action received within sixty (60) days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer the right to make such written request at the time such adverse action is communicated to the consumer.
(c) No person shall be held liable for any violation of this section if the person shows by a preponderance of the evidence that at the time of the alleged violation he or she maintained reasonable procedures to assure compliance with the provisions of subsections (a) and (b).
History:
L. 1973, ch. 85, § 149; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-715 Civil liability for willful noncompliance.

50-715.
Civil liability for willful noncompliance.
Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under K.S.A. 50-701 to 50-722, inclusive, and amendments thereto, with respect to any consumer is liable to that consumer in an amount equal to the sum of
(a) any actual damages sustained by the consumer as a result of the failure;
(b) such amount of punitive damages as the court may allow; and
(c) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
History:
L. 1973, ch. 85, § 150; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-716 Civil liability for negligent noncompliance.

50-716.
Civil liability for negligent noncompliance.
Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under K.S.A. 50-701 to 50-722, inclusive, and amendments thereto, with respect to any consumer is liable to that consumer in an amount equal to the sum of
(a) any actual damages sustained by the consumer as a result of the failure;
(b) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
History:
L. 1973, ch. 85, § 151; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-717 Jurisdiction of courts; limitation of actions.

50-717.
Jurisdiction of courts; limitation of actions.
An action to enforce any liability created under the provisions of K.S.A. 50-701 to 50-722, inclusive, and amendments thereto, may be brought in the district court of the county in which the controversy arose, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under the provisions of such sections of this act to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under such provisions of this act, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.
History:
L. 1973, ch. 85, § 152; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-718 Obtaining information under false pretenses.

50-718.
Obtaining information under false pretenses.
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses is guilty of a severity level 7, person felony and upon conviction shall be punished in the manner provided by law.
History:
L. 1973, ch. 85, § 153; L. 2000, ch. 181, § 12; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-719 Unauthorized disclosures by officers or employees.

50-719.
Unauthorized disclosures by officers or employees.
Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information is guilty of a severity level 7, person felony and upon conviction shall be punished in the manner provided by law.
History:
L. 1973, ch. 85, § 154; L. 2000, ch. 181, § 13; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-720 Penalties.

50-720.
Penalties.
Any person violating any of the provisions of K.S.A. 50-701 to 50-719, inclusive, and amendments thereto, for which penalties are not otherwise hereinbefore provided shall be deemed guilty of a class C misdemeanor and upon conviction thereof shall be punished in the manner provided by law.
History:
L. 1973, ch. 85, § 155; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-721 Enforcement by consumer credit commissioner.

50-721.
Enforcement by consumer credit commissioner.
The consumer credit commissioner is hereby authorized to enforce the provisions of K.S.A. 50-701 to 50-720, inclusive, and amendments thereto, and for such purpose is hereby authorized to adopt such rules and regulations as may be necessary for the proper administration and enforcement of the provisions of such sections of this act.
History:
L. 1973, ch. 85, § 156; January 1, 1974.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-722 Citation of act.

50-722. Citation of act.
K.S.A. 50-701 through 50-725, and amendments thereto, may be cited as the fair credit reporting act.
History:
L. 1973, ch. 85, § 157; L. 2018, ch. 44, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7 - Fair Credit Reporting › 50-724 Security freeze; exceptions.

50-724.
Security freeze; exceptions.
(a) Nothing in K.S.A. 2023 Supp. 50-723, and amendments thereto, shall be construed to require the following to place a security freeze on a consumer report:
(1) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments;
(2) a deposit account information service company which issues to inquiring banks or other financial institutions, for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution, reports regarding account closures due to fraud, substantial overdrafts, ATM abuse or similar negative information regarding a consumer;
(3) a consumer reporting agency that acts as a reseller of credit information that assembles or merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies and does not maintain a permanent database of credit information from which new consumer reports are produced;
(4) any database or file which consists solely of any information adverse to the interests of the consumer, including, but not limited to, criminal record information, which is used for fraud prevention or detection, tenant screening, employment screening or any purpose permitted by the federal fair credit reporting act, 15 U.S.C. § 1681b;
(5) a person to the extent such person offers fraud prevention services that issues reports on incidents of fraud or reports used primarily in the detection or prevention of fraud; or
(6) any bank, savings bank, trust company, savings and loan association, credit union or any other financial institution regulated by the state of Kansas or any agency of the United States.
(b) This section shall be part of and supplemental to the fair credit reporting act.
(c) This section shall take effect and be in force on and after January 1, 2007.
History:
L. 2006, ch. 149, § 13; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 7a - Protection Of Consumer Information › 50-7a04 Severability clause.

50-7a04.
Severability clause.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of the act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History:
L. 2006, ch. 149, § 15; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 8 - Miscellaneous Provisions › 50-802 Boat manufacture by direct molding processes; prohibition; injunction; actual damages, attorney fees and costs.

50-802.
Boat manufacture by direct molding processes; prohibition; injunction; actual damages, attorney fees and costs.
(a) No person shall:
(1) Manufacture for sale any boat produced by use of a direct molding process, unless the person has first obtained the permission of the manufacturer of the original boat used as the pattern for the mold;
(2) knowingly sell any boat manufactured in violation of subsection (a)(1); or
(3) purchase any boat with intent to manufacture a reproduction of that boat in violation of subsection (a)(1).
(b) A person injured by a violation of subsection (a) may bring a civil action for injunctive relief, actual damages caused by the violation, reasonable attorney fees and costs of the action.
(c) As used in this section, "direct molding process" means any manufacturing process in which an original boat is used as a pattern for making a mold for use in manufacturing reproductions of that boat.
(d) This section shall not apply to any boat which is manufactured using a mold made before July 1, 1984.
History:
L. 1984, ch. 378, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 9 - Food Advertising And Sales Practices › 50-901 Definitions.

50-901.
Definitions.
As used in this act:
(a) "Buyer" means both actual and prospective purchasers but does not include persons purchasing for resale.
(b) "Carcass" means any carcass of cattle, sheep, swine, domestic rabbits or goats.
(c) "Food plan" means any plan offering meat, poultry or seafood for sale or the offering of such product in combination with each other or with any other food or non-food product or service for a single price.
(d) "Misrepresent" means use any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample.
(e) "Person" means individual, partnership, firm, corporation, association or other entity.
(f) "Represent" means use any form of oral or written statement, advertisement, label, display, picture, illustration or sample.
(g) "Seller" means any person, individual or business entity, corporation, league, franchise, franchisee, franchisor or any authorized representative or agent thereof who offers meat, poultry, seafood, or combinations of such items, for retail purchase to the public.
History:
L. 1984, ch. 218, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 9 - Food Advertising And Sales Practices › 50-902 Inaccurate or deceptive advertising prohibited.

50-902.
Inaccurate or deceptive advertising prohibited.
No person shall advertise for sale, solicit, offer to sell or sell foods by newspapers, handbills, placards, radio, television or other medium unless the advertising is truthful and accurate. Such advertising shall not be misleading or deceiving in respect to grade, quality, quantity or price per pound or piece or in any other manner.
History:
L. 1984, ch. 218, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 9 - Food Advertising And Sales Practices › 50-904 Penalties; consumer protection act proceedings; agent liability.

50-904.
Penalties; consumer protection act proceedings; agent liability.
(a) Any person who violates any provision of this act is guilty of a class C misdemeanor for the first conviction, a class B misdemeanor for the second conviction and a class A misdemeanor for a third or subsequent conviction.
(b) In addition to or instead of the criminal penalties provided by subsection (a), a person who violates any provision of this act shall be subject to proceedings under the Kansas consumer protection act.
(c) An individual who violates any provision of this act while acting in the name of or on behalf of any person is liable to the same extent as if the individual were acting in the individual's own name or own behalf.
History:
L. 1984, ch. 218, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 9 - Food Advertising And Sales Practices › 50-905 Inspection of places of business; access; reports of violations.

50-905.
Inspection of places of business; access; reports of violations.
(a) The secretary of agriculture shall provide, in conjunction with and in addition to the inspection program established under K.S.A. 65-6a30 and amendments thereto, for inspection of places of business of sellers who are subject to this act.
(b) Personnel of the Kansas department of agriculture designated by the secretary of agriculture shall have access to those places of business during regular business hours for the purpose of inspecting carcasses or parts of carcasses sold by the seller and observing the sales practices of the seller to determine whether there is compliance with the provisions of this act.
(c) The secretary of agriculture, or personnel designated by the secretary, shall report any suspected violations of this act to the county or district attorney of the county where the alleged violation occurred and to the attorney general.
History:
L. 1984, ch. 218, § 5; L. 2004, ch. 101, § 87; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 9 - Food Advertising And Sales Practices › 50-906 Remedies supplemental.

50-906.
Remedies supplemental.
The remedies provided in this act are in addition to and not in substitution for any other remedies provided by law.
History:
L. 1984, ch. 218, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1001 Definitions.

50-1001.
Definitions.
As used in this act:
(a) "Commissioner" refers to the securities commissioner appointed under K.S.A. 75-6301, and amendments thereto.
(b) "Loan" means any agreement to advance money or property in return for the promise to make payments for the money or property.
(c) "Loan broker" means any person who, in return for a fee from any person, promises to procure a loan for any person or assist any person in procuring a loan from any third party, or who promises to consider whether or not to make a loan to any person. Loan broker does not include:
(1) Any bank, savings bank, trust company, savings and loan association, credit union or any other financial institution regulated by any agency of the United States or any state;
(2) any person authorized to sell and service loans for the federal national mortgage association or the federal home loan mortgage corporation, issue securities backed by the government national mortgage association, make loans insured by the department of housing and urban development, make loans guaranteed by the veterans administration, or act as a correspondent of loans insured by the department of housing and urban development or guaranteed by the veterans administration;
(3) any insurance company; or
(4) any person arranging financing for the sale of the person's product.
(d) "Creditor" means any person to whom a loan is initially payable on the face of the note or contract evidencing the loan.
History:
L. 1988, ch. 328, § 1; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1003 Application for registration; contents; bond; issuance; effective date; consent to secretary of state as process agent.

50-1003.
Application for registration; contents; bond; issuance; effective date; consent to secretary of state as process agent.
(a) In order to be registered under this act a loan broker shall file an application for registration with the commissioner. The application for registration shall contain:
(1) The disclosure document required under subsection (b) of K.S.A. 50-1006, and amendments thereto, and the form of the disclosure statement proposed to be used under subsection (b)(1) of K.S.A. 50-1006, and amendments thereto;
(2) consent to service of process under subsection (e);
(3) evidence of the bond required in subsection (b); and
(4) a fee of $250.
(b) A loan broker must maintain a bond satisfactory to the commissioner in the amount of $25,000, which shall be in favor of the state.
(c) Whenever the provisions of this act have been complied with, the commissioner shall issue a certificate of registration to the applicant, authorizing the applicant to engage in the business of loan brokering.
(d) An application for registration becomes effective as of the date specified on the certificate of registration. Every registration is effective until January 1 of the year after it goes into effect.
(e) Every applicant for registration shall file with the commissioner, in such form as the commissioner prescribes, an irrevocable consent appointing the secretary of state to be the applicant's agent to receive service of any lawful process in any noncriminal suit, action or proceeding against the applicant arising from the violation of any provision of this act. Service shall be made in accordance with article 3 of chapter 60 of the Kansas Statutes Annotated.
History:
L. 1988, ch. 328, § 3; L. 1992, ch. 226, § 8; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1004 Renewal of registration; fee.

50-1004.
Renewal of registration; fee.
(a) A loan broker may not continue engaging in the business of loan brokering unless the broker's registration is renewed annually. A loan broker shall renew the registration by filing with the commissioner, at least 30 days before the expiration of the registration, an application containing any information the commissioner may require to indicate any material change from the information contained in the applicant's original application or any previous application.
(b) An application for renewal must be accompanied by a fee of $100.
History:
L. 1988, ch. 328, § 4; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1005 Fees and funds; accounting and deposit in general fund.

50-1005.
Fees and funds; accounting and deposit in general fund.
All fees and funds accruing from the administration of this act shall be accounted for by the commissioner and shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1988, ch. 328, § 5; L. 2001, ch. 5, § 188; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1007 Contracts required to be in writing; retention of copy by borrowing party.

50-1007.
Contracts required to be in writing; retention of copy by borrowing party.
To be enforceable, every contract for the services of a loan broker shall be in writing and signed by all contracting parties.
The borrowing party shall retain a copy of the signed contract at the time it is signed.
History:
L. 1988, ch. 328, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1008 Denial, suspension or revocation of registration; orders and hearing.

50-1008.
Denial, suspension or revocation of registration; orders and hearing.
(a) The commissioner may deny, suspend or revoke the registration of a loan broker if the loan broker:
(1) Fails to maintain the bond required under K.S.A. 50-1003;
(2) is insolvent;
(3) has violated any provision of this act;
(4) has filed with the commissioner any document or statement containing any false representation of a material fact or omitting to state a material fact; or
(5) has been convicted, within 10 years before the date of the application, renewal or review, of any crime involving fraud or deceit.
(b) The commissioner may not enter a final order denying, suspending or revoking the registration of a loan broker without prior notice to all interested parties, opportunity for a hearing and written findings of fact and conclusions of law. The commissioner may by summary order deny, suspend or revoke a registration pending final determination of any proceeding under this section. Upon the entry of a summary order, the commissioner shall promptly notify all interested parties that it has been entered, of the reasons for the summary order and, that upon receipt by the commissioner of a written request from a party, the matter will be set for hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If no hearing is requested and none is ordered by the commissioner, the order remains in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice of the hearing has been given to all interested persons and the hearing has been held, may modify or vacate the order or extend it until final determination.
History:
L. 1988, ch. 328, § 8; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1010 Certified copies of documents or records admissible in actions or proceedings under act.

50-1010.
Certified copies of documents or records admissible in actions or proceedings under act.
Copies of any statement or document filed with the commissioner, and copies of any records of the commissioner, certified to by the commissioner are admissible in any prosecution, action, suit or proceeding based upon, or arising out of or under, the provisions of this act to the same effect as the original of the statement, document or record would be if actually produced.
History:
L. 1988, ch. 328, § 10; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1011 Violations; civil penalties, enforcement.

50-1011.
Violations; civil penalties, enforcement.
(a) If the commissioner determines, after notice and opportunity for a hearing, that a person has violated this act, the commissioner may, in addition to all other remedies, impose a civil penalty upon the person in an amount not to exceed $5,000 for each violation.
(b) The commissioner may bring an action in the district court of Shawnee county to enforce payment of any penalty imposed under this section.
History:
L. 1988, ch. 328, § 11; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1012 Same; liability of loan broker to damaged parties; rights of prospective borrower.

50-1012.
Same; liability of loan broker to damaged parties; rights of prospective borrower.
Any person who violates this act, in connection with a contract for the services of a loan broker, is liable to any person damaged by the violation, for the amount of the actual damages suffered, interest at the legal rate, and attorney fees. If a loan broker violates any provision of this act, in connection with a contract for loan brokering services, the contract is void, and the prospective borrower is entitled to receive from the loan broker all sums paid to the loan broker.
History:
L. 1988, ch. 328, § 12; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1013 Violation of act or cease and desist order, penalties; prosecution.

50-1013. Violation of act or cease and desist order, penalties; prosecution.
(a) Any person who willfully violates any provision of this act or knowingly violates any cease and desist order issued under this act commits a severity level 7, nonperson felony. Any violation of this act committed on or after July 1, 1993, resulting in a loss of $25,000 or more, regardless of its location on the sentencing grid block, shall have a presumptive sentence of imprisonment.
(b) Prosecution for any crime under this act must be commenced within five years after the alleged violation. A prosecution is commenced when a complaint or information is filed, or an indictment returned, and a warrant thereon is delivered to the sheriff or other officer for execution. No such prosecution shall be deemed to have been commenced if the warrant so issued is not executed without unreasonable delay.
(c) The commissioner shall prepare and refer such evidence as may be available concerning criminal violations of this act or of any rule and regulation or order hereunder to the attorney general, or in consultation with the attorney general to the proper county or district attorney, who may, in such prosecutor's discretion, with or without such a reference, institute the appropriate criminal proceedings under the laws of this state. The commissioner may pay extradition and witness expenses and other costs associated with the case. The commissioner and persons employed by the administrator shall assist in the prosecution of criminal cases as requested by the attorney general or county or district attorney.
History:
L. 1988, ch. 328, § 13; L. 1992, ch. 226, § 11; L. 1993, ch. 291, § 227; L. 2017, ch. 81, § 10; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1014 Rescission of contract under Truth-in-Lending Act; notice to creditor; timely return of consideration required; computation of time period for avoidance of contract.

50-1014.
Rescission of contract under Truth-in-Lending Act; notice to creditor; timely return of consideration required; computation of time period for avoidance of contract.
(a) If a transaction for which a loan broker has charged any fee or collected any costs is rescinded by any person under the provisions of the Truth-in-Lending Act (15 U.S.C. 1601-1667e) within 20 calendar days after a notice of the rescission has been delivered to the creditor, the loan broker shall return to the person any money or property that has been given to the loan broker, including property or money the loan broker delivered or directed to third parties.
(b) For purposes of calculating the time period during which a person may avoid a contract under K.S.A. 50-640, and amendments thereto, a contract with a loan broker shall be considered to be a sale of services that occurs on the date the person receives the disclosure document required by subsection (d) of K.S.A. 50-1006.
History:
L. 1988, ch. 328, § 14; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1015 Account numbers required to be assigned to agreements; loan brokers required to maintain certain records; period and manner of maintenance.

50-1015.
Account numbers required to be assigned to agreements; loan brokers required to maintain certain records; period and manner of maintenance.
(a) Each loan broker agreement shall be given an account number and all instruments taken in connection with that agreement must bear this number. Each loan broker shall keep and maintain the following records or their equivalent:
(1) A loan broker agreement register that consists of a chronological listing of all loan broker agreements that have been entered into. For each loan broker agreement the register shall contain the following:
(A) The account number;
(B) the date of the agreement;
(C) the name of the borrower or any proposed borrower;
(D) the amount of any fees charged; and
(E) the cost and type of any insurance required.
(2) A file for each borrower or proposed borrower shall contain the following:
(A) The name and address of the borrower or any proposed borrower;
(B) a copy of the signed loan broker agreement;
(C) a copy of any other papers or instruments used in connection with the loan broker agreement and signed by the borrower or any proposed borrower, including a copy of the disclosure document required by subsection (d) of K.S.A. 50-1006 that contains an acknowledged receipt by the borrower or any proposed borrower;
(D) if a loan was obtained for the borrower, the name and address of the creditor;
(E) if a loan is accepted by the borrower, a copy of the loan agreement; and
(F) the amount of the loan broker's fee that the borrower has paid. If there is an unpaid balance, the status of any collection efforts.
(3) All receipts from or for the account of borrowers or any proposed borrowers and all disbursements to or for the account of borrowers or any proposed borrowers, recorded so that the transactions are readily identifiable.
(4) A general ledger that shall be posted at least monthly, and a trial balance sheet and profit and loss statement prepared within 30 days of the commissioner's request for the information.
(5) A copy of:
(A) All advertisements, pamphlets, circulars, letters, articles or communications published in any newspaper, magazine or periodical;
(B) scripts of any recording, radio or television announcement; and
(C) any sales kits or literature to be used in solicitation of borrowers.
(b) The records listed in subsection (a) shall be kept for a period of six years in the loan broker's principal office and must be separate or readily identifiable from the records of any other business that is conducted in the office of the loan broker.
History:
L. 1988, ch. 328, § 15; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1016 Persons exempt from registration and other duties under act; burden of proof thereof.

50-1016.
Persons exempt from registration and other duties under act; burden of proof thereof.
(a) The following persons are exempt from the requirements of K.S.A. 50-1002, 50-1003, 50-1004, 50-1006, 50-1007, 50-1008, 50-1014 and 50-1015, and amendments thereto:
(1) Any attorney while engaging in the practice of law;
(2) any certified public accountant with a permit to practice under K.S.A. 1-310, and amendments thereto, while engaged in practice as a certified public accountant or any independent public accountant engaged in the practice of public accounting whose service in relation to procurement of a loan is incidental to their practice;
(3) any person licensed as a real estate broker or salesperson under K.S.A. 58-3039, and amendments thereto, while rendering services in the ordinary course of a transaction in which a license as a real estate broker or salesperson is required;
(4) any broker-dealer, agent, investment adviser or investment adviser representative registered under K.S.A. 2005 Supp. 17-12a401, 17-12a402, 17-12a403 or 17-12a404, and amendments thereto;
(5) any person whose fee is wholly contingent on the successful procurement of a loan from a third party and to whom no fee, other than a bona fide third party fee, is paid before the procurement;
(6) any person who is a creditor, or proposed to be a creditor, for any loan; and
(7) any feedlot operator licensed under K.S.A. 47-1503, and amendments thereto.
(b) As used in this section, "bona fide third party fee" includes fees for:
(1) Credit reports, appraisals and investigations; and
(2) if the loan is to be secured by real property, title examinations, an abstract of title, title insurance, a property survey and similar purposes.
(c) As used in this section, "successful procurement of a loan" means that a binding commitment from a creditor to advance money has been received and accepted by the borrower.
(d) The burden of proof of any exemption or classification provided in this act shall be on the party claiming the exemption or classification.
History:
L. 1988, ch. 328, § 16; L. 2004, ch. 154, § 61; July 1, 2005.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1017 Prohibited acts.

50-1017.
Prohibited acts.
A loan broker shall not, in connection with an offer of or a contract for the services of a loan broker, either directly or indirectly, do any of the following:
(1) Employ any device, scheme or artifice to defraud;
(2) make any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of circumstances under which they are made, not misleading; or
(3) engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon any person.
History:
L. 1988, ch. 328, § 17; L. 1992, ch. 226, § 12; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 10 - Loan Brokers › 50-1018 False or misleading filing or statement; penalty.

50-1018.
False or misleading filing or statement; penalty.
It is unlawful for any person to make or cause to be made, in any document filed with the commissioner or in any proceeding under this act, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
History:
L. 1992, ch. 226, § 7; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1116 Citation and scope of act.

50-1116. Citation and scope of act.
(a) K.S.A. 50-1116 through 50-1135, and amendments thereto, shall be known and may be cited as the Kansas credit services organization act.
(b) Any individual licensed to practice law in this state acting within the course and scope of such individual's practice as an attorney, and such individual's law firm, shall be exempt from the provisions of this act.
History:
L. 2004, ch. 22, § 1; L. 2012, ch. 161, § 16; May 31.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 11 - Credit Services Organizations › 50-1117 Definitions.

50-1117. Definitions.
Definitions as used in this act: (a) "Commissioner" means the state bank commissioner or designee, who shall be the deputy commissioner of the consumer and mortgage lending division of the office of the state bank commissioner.
(b) "Consumer" means an individual who is a resident of this state.
(c) "Credit services organization" means a person who engages in, or holds out to the public as willing to engage in, the business of debt management services for a fee, compensation or gain, or in the expectation of a fee, compensation or gain.
(d) "Debt management service" means:
(1) Receiving or offering to receive funds from a consumer for the purpose of distributing the funds among such consumer's creditors in full or partial payment of such consumer's debts;
(2) improving or offering to improve a consumer's credit record, history, rating or score; or
(3) negotiating or offering to negotiate to defer or reduce a consumer's obligations with respect to credit extended by others.
(e) "Insolvent" means a person whose debts exceed their assets.
(f) "Law firm" means a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.
(g) "Licensee" means a person who is licensed by the commissioner as a credit services organization.
(h) "Nationwide mortgage licensing system and registry" means a mortgage licensing system developed and maintained by the conference of state bank supervisors and the American association of residential mortgage regulators for the licensing and registration of licensed mortgage loan originators and other financial service providers.
(i) "Person" means any individual, corporation, partnership, association, unincorporated organization or other form of entity, however organized, including a nonprofit entity.
(j) "Trust account" means an account established by the applicant or licensee in a federally insured financial institution used to hold funds paid by consumers to a credit services organization for designation indicating the funds in the account are:
(1) Not funds of the applicant or licensee or its owners, officers or employees; and
(2) unavailable to creditors of the applicant or licensee.
History:
L. 2004, ch. 22, § 2; L. 2012, ch. 161, § 17; L. 2017, ch. 52, § 13; July 1.