16a-1-201.(UCCC) Territorial application.
(1) Except as otherwise provided in this section, K.S.A. 16a-1-101
through 16a-9-102, and amendments thereto, apply to consumer credit
transactions made in this state. For purposes of such sections of this
act, a consumer credit transaction is made in this state if:
(a) A signed writing evidencing the obligation or offer of the
consumer is received by the creditor in this state; or
(b) the creditor induces the consumer who is a resident of this
state to enter into the transaction by solicitation in this
state 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 into
pursuant to open end credit (subsection (31) of K.S.A.
16a-1-301, and amendments thereto),
this
act applies if the consumer's communication or indication of intention
to establish the arrangement is received by the creditor in this state.
If no communication or indication of intention is given by the consumer
before the first transaction, this act applies if the creditor's
communication notifying the consumer of the privilege of using the
arrangement is mailed or personally delivered in this state.
(3) The part on limitations on creditors' remedies (part 1) of the
article on remedies and penalties (article 5) applies to actions or
other proceedings brought in this state to enforce rights arising from
consumer credit sales, consumer leases, or consumer loans, or
extortionate extensions of credit, wherever made.
(4) A consumer credit transaction made in another state to a person
who is a resident of this state at the time of the transaction is valid
and enforceable in this state to the extent that it is valid and
enforceable under the laws of the state applicable to the transaction,
but the following provisions apply as though the transaction occurred in
this state:
(a) A creditor may not collect charges through actions or other
proceedings in excess of those permitted by the article on finance
charges and related provisions (article 2); and
(b) a creditor may not enforce rights against the consumer with
respect to the provisions of agreements which violate the provisions on
limitations on agreements and practices (part 3) and limitations on
consumer's liability (part 4) of the article on regulation of agreements
and practices (article 3).
(5) Except as provided in subsection (3), a consumer credit
transaction made in another state to a person who was not a resident of
this state when the sale, lease, loan, or modification was made is valid
and enforceable in this state according to its terms to the extent that
it is valid and enforceable under the laws of the state applicable to
the transaction.
(6) For the purposes of K.S.A. 16a-1-101 through 16a-9-102, and
amendments thereto, the residence of a consumer is the address given by
the consumer as the consumer's residence in any writing signed by the
consumer in connection with a credit transaction. Until the
consumer notifies the creditor of a new or different address, the given
address 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 through
16a-9-102, and amendments thereto, do not apply if the consumer is not a
resident of this state at the time of a credit transaction and the
parties 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 a
credit transaction and the parties have agreed that the law of the
consumer's residence applies.
(8) Except as provided in subsection (7) the following agreements by
a buyer, lessee, or debtor are invalid with respect to consumer credit
transaction to which K.S.A. 16a-1-101 through 16a-9-102, and amendments
thereto, 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 law
governing certain cases:
(a) Applicability (K.S.A. 16a-6-102, and amendments thereto) of the
part on powers and
functions of administrator (part 1) of the article on administration
(article 6); and
(b) applicability (K.S.A. 16a-6-201, and amendments thereto) of the
part on notification and
fees (part 2) of the article on administration (article 6).
(10) With respect to a consumer credit sale or consumer loan to
which K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, does
not otherwise apply by reason of the foregoing provisions of this
section, if, pursuant to a solicitation relating to a consumer credit
sale or loan received in this state, a person who is a resident of this
state sends a signed writing evidencing the obligation or offer of the
person to a creditor in another state, and the person receives the goods
or services purchased or the cash proceeds of the loan in this state:
(a) The creditor may not contract for or receive charges exceeding
those permitted by this code, and such charges as do exceed those
permitted are excess charges for purposes of subsections (3) and (4) of
K.S.A. 16a-5-201 and 16a-6-113, and amendments thereto, and such sections
shall
apply as though the consumer
credit sale or consumer loan were made in this state; and
(b) the part on powers and functions of administrator (part 1) of
the article on administration (article 6) shall apply as though the
consumer 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.
16a-1-201.(UCCC) Territorial application.
(1) Except as otherwise provided in this section, K.S.A. 16a-1-101
through 16a-9-102, and amendments thereto, apply to consumer credit
transactions made in this state. For purposes of such sections of this
act, a consumer credit transaction is made in this state if:
(a) A signed writing evidencing the obligation or offer of the
consumer is received by the creditor in this state; or
(b) the creditor induces the consumer who is a resident of this
state to enter into the transaction by solicitation in this
state 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 into
pursuant to open end credit (subsection (31) of K.S.A.
16a-1-301, and amendments thereto),
this
act applies if the consumer's communication or indication of intention
to establish the arrangement is received by the creditor in this state.
If no communication or indication of intention is given by the consumer
before the first transaction, this act applies if the creditor's
communication notifying the consumer of the privilege of using the
arrangement is mailed or personally delivered in this state.
(3) The part on limitations on creditors' remedies (part 1) of the
article on remedies and penalties (article 5) applies to actions or
other proceedings brought in this state to enforce rights arising from
consumer credit sales, consumer leases, or consumer loans, or
extortionate extensions of credit, wherever made.
(4) A consumer credit transaction made in another state to a person
who is a resident of this state at the time of the transaction is valid
and enforceable in this state to the extent that it is valid and
enforceable under the laws of the state applicable to the transaction,
but the following provisions apply as though the transaction occurred in
this state:
(a) A creditor may not collect charges through actions or other
proceedings in excess of those permitted by the article on finance
charges and related provisions (article 2); and
(b) a creditor may not enforce rights against the consumer with
respect to the provisions of agreements which violate the provisions on
limitations on agreements and practices (part 3) and limitations on
consumer's liability (part 4) of the article on regulation of agreements
and practices (article 3).
(5) Except as provided in subsection (3), a consumer credit
transaction made in another state to a person who was not a resident of
this state when the sale, lease, loan, or modification was made is valid
and enforceable in this state according to its terms to the extent that
it is valid and enforceable under the laws of the state applicable to
the transaction.
(6) For the purposes of K.S.A. 16a-1-101 through 16a-9-102, and
amendments thereto, the residence of a consumer is the address given by
the consumer as the consumer's residence in any writing signed by the
consumer in connection with a credit transaction. Until the
consumer notifies the creditor of a new or different address, the given
address 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 through
16a-9-102, and amendments thereto, do not apply if the consumer is not a
resident of this state at the time of a credit transaction and the
parties 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 a
credit transaction and the parties have agreed that the law of the
consumer's residence applies.
(8) Except as provided in subsection (7) the following agreements by
a buyer, lessee, or debtor are invalid with respect to consumer credit
transaction to which K.S.A. 16a-1-101 through 16a-9-102, and amendments
thereto, 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 law
governing certain cases:
(a) Applicability (K.S.A. 16a-6-102, and amendments thereto) of the
part on powers and
functions of administrator (part 1) of the article on administration
(article 6); and
(b) applicability (K.S.A. 16a-6-201, and amendments thereto) of the
part on notification and
fees (part 2) of the article on administration (article 6).
(10) With respect to a consumer credit sale or consumer loan to
which K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, does
not otherwise apply by reason of the foregoing provisions of this
section, if, pursuant to a solicitation relating to a consumer credit
sale or loan received in this state, a person who is a resident of this
state sends a signed writing evidencing the obligation or offer of the
person to a creditor in another state, and the person receives the goods
or services purchased or the cash proceeds of the loan in this state:
(a) The creditor may not contract for or receive charges exceeding
those permitted by this code, and such charges as do exceed those
permitted are excess charges for purposes of subsections (3) and (4) of
K.S.A. 16a-5-201 and 16a-6-113, and amendments thereto, and such sections
shall
apply as though the consumer
credit sale or consumer loan were made in this state; and
(b) the part on powers and functions of administrator (part 1) of
the article on administration (article 6) shall apply as though the
consumer 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.
16a-1-201.(UCCC) Territorial application.
(1) Except as otherwise provided in this section, K.S.A. 16a-1-101
through 16a-9-102, and amendments thereto, apply to consumer credit
transactions made in this state. For purposes of such sections of this
act, a consumer credit transaction is made in this state if:
(a) A signed writing evidencing the obligation or offer of the
consumer is received by the creditor in this state; or
(b) the creditor induces the consumer who is a resident of this
state to enter into the transaction by solicitation in this
state 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 into
pursuant to open end credit (subsection (31) of K.S.A.
16a-1-301, and amendments thereto),
this
act applies if the consumer's communication or indication of intention
to establish the arrangement is received by the creditor in this state.
If no communication or indication of intention is given by the consumer
before the first transaction, this act applies if the creditor's
communication notifying the consumer of the privilege of using the
arrangement is mailed or personally delivered in this state.
(3) The part on limitations on creditors' remedies (part 1) of the
article on remedies and penalties (article 5) applies to actions or
other proceedings brought in this state to enforce rights arising from
consumer credit sales, consumer leases, or consumer loans, or
extortionate extensions of credit, wherever made.
(4) A consumer credit transaction made in another state to a person
who is a resident of this state at the time of the transaction is valid
and enforceable in this state to the extent that it is valid and
enforceable under the laws of the state applicable to the transaction,
but the following provisions apply as though the transaction occurred in
this state:
(a) A creditor may not collect charges through actions or other
proceedings in excess of those permitted by the article on finance
charges and related provisions (article 2); and
(b) a creditor may not enforce rights against the consumer with
respect to the provisions of agreements which violate the provisions on
limitations on agreements and practices (part 3) and limitations on
consumer's liability (part 4) of the article on regulation of agreements
and practices (article 3).
(5) Except as provided in subsection (3), a consumer credit
transaction made in another state to a person who was not a resident of
this state when the sale, lease, loan, or modification was made is valid
and enforceable in this state according to its terms to the extent that
it is valid and enforceable under the laws of the state applicable to
the transaction.
(6) For the purposes of K.S.A. 16a-1-101 through 16a-9-102, and
amendments thereto, the residence of a consumer is the address given by
the consumer as the consumer's residence in any writing signed by the
consumer in connection with a credit transaction. Until the
consumer notifies the creditor of a new or different address, the given
address 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 through
16a-9-102, and amendments thereto, do not apply if the consumer is not a
resident of this state at the time of a credit transaction and the
parties 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 a
credit transaction and the parties have agreed that the law of the
consumer's residence applies.
(8) Except as provided in subsection (7) the following agreements by
a buyer, lessee, or debtor are invalid with respect to consumer credit
transaction to which K.S.A. 16a-1-101 through 16a-9-102, and amendments
thereto, 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 law
governing certain cases:
(a) Applicability (K.S.A. 16a-6-102, and amendments thereto) of the
part on powers and
functions of administrator (part 1) of the article on administration
(article 6); and
(b) applicability (K.S.A. 16a-6-201, and amendments thereto) of the
part on notification and
fees (part 2) of the article on administration (article 6).
(10) With respect to a consumer credit sale or consumer loan to
which K.S.A. 16a-1-101 through 16a-9-102, and amendments thereto, does
not otherwise apply by reason of the foregoing provisions of this
section, if, pursuant to a solicitation relating to a consumer credit
sale or loan received in this state, a person who is a resident of this
state sends a signed writing evidencing the obligation or offer of the
person to a creditor in another state, and the person receives the goods
or services purchased or the cash proceeds of the loan in this state:
(a) The creditor may not contract for or receive charges exceeding
those permitted by this code, and such charges as do exceed those
permitted are excess charges for purposes of subsections (3) and (4) of
K.S.A. 16a-5-201 and 16a-6-113, and amendments thereto, and such sections
shall
apply as though the consumer
credit sale or consumer loan were made in this state; and
(b) the part on powers and functions of administrator (part 1) of
the article on administration (article 6) shall apply as though the
consumer 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.