16a-1-201.   (UCCC) Territorial application.(1) Except as otherwise provided in this section, K.S.A. 16a-1-101through 16a-9-102, and amendments thereto, apply to consumer credittransactions made in this state. For purposes of such sections of thisact, a consumer credit transaction is made in this state if:

      (a)   A signed writing evidencing the obligation or offer of theconsumer is received by the creditor in this state; or

      (b)   the creditor induces the consumer who is a resident of thisstate to enter into the transaction by solicitation in thisstate by any means, including but not limited to: Mail, telephone, radio,television or any other electronic means.

      (2)   With respect to consumer credit transactions entered intopursuant to open end credit (subsection (31) of K.S.A.16a-1-301, and amendments thereto),thisact applies if the consumer's communication or indication of intentionto establish the arrangement is received by the creditor in this state.If no communication or indication of intention is given by the consumerbefore the first transaction, this act applies if the creditor'scommunication notifying the consumer of the privilege of using thearrangement is mailed or personally delivered in this state.

      (3)   The part on limitations on creditors' remedies (part 1) of thearticle on remedies and penalties (article 5) applies to actions orother proceedings brought in this state to enforce rights arising fromconsumer credit sales, consumer leases, or consumer loans, orextortionate extensions of credit, wherever made.

      (4)   A consumer credit transaction made in another state to a personwho is a resident of this state at the time of the transaction is validand enforceable in this state to the extent that it is valid andenforceable under the laws of the state applicable to the transaction,but the following provisions apply as though the transaction occurred inthis state:

      (a)   A creditor may not collect charges through actions or otherproceedings in excess of those permitted by the article on financecharges and related provisions (article 2); and

      (b)   a creditor may not enforce rights against the consumer withrespect to the provisions of agreements which violate the provisions onlimitations on agreements and practices (part 3) and limitations onconsumer's liability (part 4) of the article on regulation of agreementsand practices (article 3).

      (5)   Except as provided in subsection (3), a consumer credittransaction made in another state to a person who was not a resident ofthis state when the sale, lease, loan, or modification was made is validand enforceable in this state according to its terms to the extent thatit is valid and enforceable under the laws of the state applicable tothe transaction.

      (6)   For the purposes of K.S.A. 16a-1-101 through 16a-9-102, andamendments thereto, the residence of a consumer is the address given bythe consumer as the consumer's residence in any writing signed by theconsumer in connection with a credit transaction. Until theconsumer notifies the creditor of a new or different address, the givenaddress is presumed to be unchanged.

      (7)   Notwithstanding other provisions of this section:

      (a)   Except as provided in subsection (3), K.S.A. 16a-1-101 through16a-9-102, and amendments thereto, do not apply if the consumer is not aresident of this state at the time of a credit transaction and theparties have agreed that the law of the consumer's residence applies;and

      (b)   K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto,apply if the consumer is a resident of this state at the time of acredit transaction and the parties have agreed that the law of theconsumer's residence applies.

      (8)   Except as provided in subsection (7) the following agreements bya buyer, lessee, or debtor are invalid with respect to consumer credittransaction to which K.S.A. 16a-1-101 through 16a-9-102, and amendmentsthereto, apply:

      (a)   That the law of another state shall apply;

      (b)   that the consumer consents to the jurisdiction of another state;and

      (c)   that fixes venue.

      (9)   The following provisions of this act specify the applicable lawgoverning certain cases:

      (a)   Applicability (K.S.A. 16a-6-102, and amendments thereto) of thepart on powers andfunctions of administrator (part 1) of the article on administration(article 6); and

      (b)   applicability (K.S.A. 16a-6-201, and amendments thereto) of thepart on notification andfees (part 2) of the article on administration (article 6).

      (10)   With respect to a consumer credit sale or consumer loan towhich K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, doesnot otherwise apply by reason of the foregoing provisions of thissection, if, pursuant to a solicitation relating to a consumer creditsale or loan received in this state, a person who is a resident of thisstate sends a signed writing evidencing the obligation or offer of theperson to a creditor in another state, and the person receives the goodsor services purchased or the cash proceeds of the loan in this state:

      (a)   The creditor may not contract for or receive charges exceedingthose permitted by this code, and such charges as do exceed thosepermitted are excess charges for purposes of subsections (3) and (4) ofK.S.A. 16a-5-201 and 16a-6-113, and amendments thereto, and such sectionsshallapply as though the consumercredit sale or consumer loan were made in this state; and

      (b)   the part on powers and functions of administrator (part 1) ofthe article on administration (article 6) shall apply as though theconsumer credit sale or consumer loan were made in this state.

      History:   L. 1973, ch. 85, § 9; L. 1977, ch. 70, § 1; L. 1981,ch. 93, § 4;L. 1993, ch. 200, § 3;L. 1999, ch. 107, § 7; July 1.