16a-5-203.(UCCC) Civil liability for violation of
disclosure provisions.
(1) Except as otherwise provided in this section, a creditor who, in
violation of the provisions of the rules and regulations adopted
by the administrator pursuant to K.S.A. 16a-6-117, and amendments
thereto, fails to disclose
information
to a person entitled to the information under the provisions of K.S.A.
16a-1-101
through 16a-9-102, and amendments thereto, is liable to
that person in an amount equal to the sum of:
(a) Twice the amount of the finance charge in connection with the
transaction, but the liability pursuant to this paragraph shall be not
less than $200 or more than $2,000; and
(b) in the case of a successful action to enforce the liability
under paragraph (a), the costs of the action together with reasonable
attorney's fees as determined by the court.
(2) A creditor has no liability under this section if within 15 days after
discovering an error, and prior to the institution of an
action under this section or the receipt of written notice of the error,
the creditor notifies the person concerned of the error and makes
whatever adjustments in the appropriate account are necessary to assure
that the person will not be required to pay a credit service charge or
loan finance charge in excess of the amount or percentage rate actually
disclosed.
(3) A creditor may not be held liable in any action brought under
this section for a violation of the provisions of K.S.A. 16a-1-101 through
16a-9-102, and amendments thereto,
if the creditor shows by a
preponderance of evidence that the violation was not intentional and
resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adapted to avoid the error.
(4) Any action which may be brought under this section against the
original creditor in any credit transaction involving a security
interest in land may be maintained against any subsequent assignee of
the original creditor where the assignee, its subsidiaries, or
affiliates were in a continuing business relationship with the original
creditor either at the time the credit was extended or at the time of
the assignment, unless the assignment was involuntary, or the assignee
shows by a preponderance of evidence that it did not have reasonable
grounds to believe that the original creditor was engaged in violations
of this act and that it maintained procedures reasonably adapted to
apprise it of the existence of the violations.
(5) No action pursuant to this section may be brought more than one
year after the date of the occurrence of the violation.
(6) The liability of the creditor under this section is in lieu of
and not in addition to the creditor's liability under the federal truth in
lending
act; no action with respect to the same violation may be maintained
pursuant to both this section and the federal truth in lending act.
History: L. 1973, ch. 85, § 91; L. 1981, ch. 93, § 15;
L. 1988, ch. 85, § 10;
L. 1999, ch. 107, § 26; July 1.
16a-5-203.(UCCC) Civil liability for violation of
disclosure provisions.
(1) Except as otherwise provided in this section, a creditor who, in
violation of the provisions of the rules and regulations adopted
by the administrator pursuant to K.S.A. 16a-6-117, and amendments
thereto, fails to disclose
information
to a person entitled to the information under the provisions of K.S.A.
16a-1-101
through 16a-9-102, and amendments thereto, is liable to
that person in an amount equal to the sum of:
(a) Twice the amount of the finance charge in connection with the
transaction, but the liability pursuant to this paragraph shall be not
less than $200 or more than $2,000; and
(b) in the case of a successful action to enforce the liability
under paragraph (a), the costs of the action together with reasonable
attorney's fees as determined by the court.
(2) A creditor has no liability under this section if within 15 days after
discovering an error, and prior to the institution of an
action under this section or the receipt of written notice of the error,
the creditor notifies the person concerned of the error and makes
whatever adjustments in the appropriate account are necessary to assure
that the person will not be required to pay a credit service charge or
loan finance charge in excess of the amount or percentage rate actually
disclosed.
(3) A creditor may not be held liable in any action brought under
this section for a violation of the provisions of K.S.A. 16a-1-101 through
16a-9-102, and amendments thereto,
if the creditor shows by a
preponderance of evidence that the violation was not intentional and
resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adapted to avoid the error.
(4) Any action which may be brought under this section against the
original creditor in any credit transaction involving a security
interest in land may be maintained against any subsequent assignee of
the original creditor where the assignee, its subsidiaries, or
affiliates were in a continuing business relationship with the original
creditor either at the time the credit was extended or at the time of
the assignment, unless the assignment was involuntary, or the assignee
shows by a preponderance of evidence that it did not have reasonable
grounds to believe that the original creditor was engaged in violations
of this act and that it maintained procedures reasonably adapted to
apprise it of the existence of the violations.
(5) No action pursuant to this section may be brought more than one
year after the date of the occurrence of the violation.
(6) The liability of the creditor under this section is in lieu of
and not in addition to the creditor's liability under the federal truth in
lending
act; no action with respect to the same violation may be maintained
pursuant to both this section and the federal truth in lending act.
History: L. 1973, ch. 85, § 91; L. 1981, ch. 93, § 15;
L. 1988, ch. 85, § 10;
L. 1999, ch. 107, § 26; July 1.
16a-5-203.(UCCC) Civil liability for violation of
disclosure provisions.
(1) Except as otherwise provided in this section, a creditor who, in
violation of the provisions of the rules and regulations adopted
by the administrator pursuant to K.S.A. 16a-6-117, and amendments
thereto, fails to disclose
information
to a person entitled to the information under the provisions of K.S.A.
16a-1-101
through 16a-9-102, and amendments thereto, is liable to
that person in an amount equal to the sum of:
(a) Twice the amount of the finance charge in connection with the
transaction, but the liability pursuant to this paragraph shall be not
less than $200 or more than $2,000; and
(b) in the case of a successful action to enforce the liability
under paragraph (a), the costs of the action together with reasonable
attorney's fees as determined by the court.
(2) A creditor has no liability under this section if within 15 days after
discovering an error, and prior to the institution of an
action under this section or the receipt of written notice of the error,
the creditor notifies the person concerned of the error and makes
whatever adjustments in the appropriate account are necessary to assure
that the person will not be required to pay a credit service charge or
loan finance charge in excess of the amount or percentage rate actually
disclosed.
(3) A creditor may not be held liable in any action brought under
this section for a violation of the provisions of K.S.A. 16a-1-101 through
16a-9-102, and amendments thereto,
if the creditor shows by a
preponderance of evidence that the violation was not intentional and
resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adapted to avoid the error.
(4) Any action which may be brought under this section against the
original creditor in any credit transaction involving a security
interest in land may be maintained against any subsequent assignee of
the original creditor where the assignee, its subsidiaries, or
affiliates were in a continuing business relationship with the original
creditor either at the time the credit was extended or at the time of
the assignment, unless the assignment was involuntary, or the assignee
shows by a preponderance of evidence that it did not have reasonable
grounds to believe that the original creditor was engaged in violations
of this act and that it maintained procedures reasonably adapted to
apprise it of the existence of the violations.
(5) No action pursuant to this section may be brought more than one
year after the date of the occurrence of the violation.
(6) The liability of the creditor under this section is in lieu of
and not in addition to the creditor's liability under the federal truth in
lending
act; no action with respect to the same violation may be maintained
pursuant to both this section and the federal truth in lending act.
History: L. 1973, ch. 85, § 91; L. 1981, ch. 93, § 15;
L. 1988, ch. 85, § 10;
L. 1999, ch. 107, § 26; July 1.