16a-6-113. (UCCC) Civil actions by administrator.
16a-6-113
16a-6-113. (UCCC) Civil actions by administrator.
(1) After demand, the administrator may bring a civil action against a
creditor for all amounts of money, other than penalties, which a
consumer or class of consumers has a right explicitly granted by the
provisions of K.S.A. 16a-1-101 through 16a-9-102 to recover. The court shall
order amounts recovered or
recoverable under this subsection paid to each consumer or set off
against his obligation. A consumer's action, other than a class action,
takes precedence over a prior or subsequent action by the administrator
with respect to the claim of that consumer. A consumer's class action
takes precedence over a subsequent action by the administrator with
respect to claims common to both actions but intervention by the
administrator is authorized. An administrator's action on behalf of a
class of consumers takes precedence over a consumer's subsequent class
action with respect to claims common to both actions. When an action
takes precedence over another action under this subsection, to the
extent appropriate the other action may be stayed while the precedent
action is pending and dismissed if the precedent action is dismissed
with prejudice or results in a final judgment granting or denying the
claim asserted in the precedent action.
(2) The administrator may bring a civil action against a creditor or
a person acting in his behalf to recover a civil penalty for willfully
violating this act, and if the court finds that the defendant has
engaged in a course of repeated and willful violations of this act, it
may assess a civil penalty of no more than five thousand dollars
($5,000). Any civil action under this subsection shall be brought within
two (2) years following the violation.
History: L. 1973, ch. 85, § 106; Jan. 1, 1974.