16a-6-113.   (UCCC) Civil actions by administrator.(1) After demand, the administrator may bring a civil action against acreditor for all amounts of money, other than penalties, which aconsumer or class of consumers has a right explicitly granted by theprovisions of K.S.A. 16a-1-101 through 16a-9-102 to recover. The court shallorder amounts recovered orrecoverable under this subsection paid to each consumer or set offagainst his obligation. A consumer's action, other than a class action,takes precedence over a prior or subsequent action by the administratorwith respect to the claim of that consumer. A consumer's class actiontakes precedence over a subsequent action by the administrator withrespect to claims common to both actions but intervention by theadministrator is authorized. An administrator's action on behalf of aclass of consumers takes precedence over a consumer's subsequent classaction with respect to claims common to both actions. When an actiontakes precedence over another action under this subsection, to theextent appropriate the other action may be stayed while the precedentaction is pending and dismissed if the precedent action is dismissedwith prejudice or results in a final judgment granting or denying theclaim asserted in the precedent action.

      (2)   The administrator may bring a civil action against a creditor ora person acting in his behalf to recover a civil penalty for willfullyviolating this act, and if the court finds that the defendant hasengaged in a course of repeated and willful violations of this act, itmay assess a civil penalty of no more than five thousand dollars($5,000). Any civil action under this subsection shall be brought withintwo (2) years following the violation.

      History:   L. 1973, ch. 85, § 106; Jan. 1, 1974.