16a-5-301. (UCCC) Intentional violations; penalties.
16a-5-301
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.