Part 1 SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
Article 1.--GENERAL PROVISIONS AND DEFINITIONS
16a-1-107.(UCCC) Waiver; agreement to forego rights; settlement
of claims.
(1) Except as otherwise provided in K.S.A. 16a-1-101
through 16a-9-102, a consumer may not waive or agree to
forego 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 default
or breach of a duty imposed by such sections of this act, if disputed in
good faith, may be settled by agreement.
(3) A claim, whether or not disputed, against a consumer may be
settled for less value than the amount claimed.
(4) A settlement in which the consumer waives or agrees to forego
rights or benefits under K.S.A. 16a-1-101 through
16a-9-102 is invalid if the court as a matter of law finds
the settlement to have been unconscionable at the time it was made. The
competence of the consumer, any deception or coercion practiced upon
him, the nature and extent of the legal advice received by him, and the
value of the consideration are relevant to the issue of
unconscionability.
Part 1 SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
Article 1.--GENERAL PROVISIONS AND DEFINITIONS
16a-1-107.(UCCC) Waiver; agreement to forego rights; settlement
of claims.
(1) Except as otherwise provided in K.S.A. 16a-1-101
through 16a-9-102, a consumer may not waive or agree to
forego 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 default
or breach of a duty imposed by such sections of this act, if disputed in
good faith, may be settled by agreement.
(3) A claim, whether or not disputed, against a consumer may be
settled for less value than the amount claimed.
(4) A settlement in which the consumer waives or agrees to forego
rights or benefits under K.S.A. 16a-1-101 through
16a-9-102 is invalid if the court as a matter of law finds
the settlement to have been unconscionable at the time it was made. The
competence of the consumer, any deception or coercion practiced upon
him, the nature and extent of the legal advice received by him, and the
value of the consideration are relevant to the issue of
unconscionability.
Part 1 SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
Article 1.--GENERAL PROVISIONS AND DEFINITIONS
16a-1-107.(UCCC) Waiver; agreement to forego rights; settlement
of claims.
(1) Except as otherwise provided in K.S.A. 16a-1-101
through 16a-9-102, a consumer may not waive or agree to
forego 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 default
or breach of a duty imposed by such sections of this act, if disputed in
good faith, may be settled by agreement.
(3) A claim, whether or not disputed, against a consumer may be
settled for less value than the amount claimed.
(4) A settlement in which the consumer waives or agrees to forego
rights or benefits under K.S.A. 16a-1-101 through
16a-9-102 is invalid if the court as a matter of law finds
the settlement to have been unconscionable at the time it was made. The
competence of the consumer, any deception or coercion practiced upon
him, the nature and extent of the legal advice received by him, and the
value of the consideration are relevant to the issue of
unconscionability.