16a-1-107.   (UCCC) Waiver; agreement to forego rights; settlementof claims.(1) Except as otherwise provided in K.S.A. 16a-1-101through 16a-9-102, a consumer may not waive or agree toforego rights or benefits under such sections of this act.

      (2)   A claim by a consumer against a creditor for an excess charge,other violation of K.S.A. 16a-1-101 through 16a-9-102, or civil penalty,or a claim against a consumer for defaultor breach of a duty imposed by such sections of this act, if disputed ingood faith, may be settled by agreement.

      (3)   A claim, whether or not disputed, against a consumer may besettled for less value than the amount claimed.

      (4)   A settlement in which the consumer waives or agrees to foregorights or benefits under K.S.A. 16a-1-101 through16a-9-102 is invalid if the court as a matter of law findsthe settlement to have been unconscionable at the time it was made. Thecompetence of the consumer, any deception or coercion practiced uponhim, the nature and extent of the legal advice received by him, and thevalue of the consideration are relevant to the issue ofunconscionability.

      History:   L. 1973, ch. 85, § 6; Jan. 1, 1974.