17-5571.Prohibitions; injunctive relief; damages; definitions.
(a) An association shall not in any manner extend credit,
lease or sell property of any kind, or furnish any service, or fix or vary
the consideration for any of the foregoing, on the condition or requirement
that the customer: (1) Shall obtain additional credit, property or service
from such association, or from any service corporation or affiliate of such
association, other than a loan, discount, deposit or trust service; (2)
provide additional credit, property or service to such associations or to
any service corporation or affiliate of such association, other than those
related to and usually provided in connection with a similar loan, discount,
deposit or trust service; or (3) shall not obtain some other credit, property
or services from a competitor of such association, or from a competitor
of any service corporation or affiliate of such association, other than
a condition or requirement that such association shall reasonably impose
in connection with credit transactions to assure the soundness of credit.
(b) Any person may sue for and have injunctive relief in the courts of
this state having jurisdiction over the parties against threatened loss
or damage by reason of a violation of this section under the same conditions
and principles as injunctive relief against threatened conduct that will
cause loss or damage is granted by courts of this state under the rules
governing such proceedings. Upon the execution of proper bond as provided
in K.S.A. 60-905, and amendments thereto, and after a showing the danger
of irreparable loss or damage is immediate, a temporary injunction may be issued.
(c) Any person who is injured in such person's business or property by
reason of anything forbidden in this section, may sue in any district court
of this state where the defendant resides or is found or has an agent and
shall be entitled to recover three times the amount of the damages sustained
by such person and the cost of the suit, including reasonable attorney fees.
(d) Nothing contained in this section shall be construed as affecting
in any manner the right of this state or any other party to bring an action
under any other law of the United States or of any state, including any
right which may exist in addition to specific statutory authority challenging
the legality of any act or practice which may be proscribed by this section.
No regulation or order issued by the state savings and loan board shall
in any manner constitute a defense to such action.
(e) For the purposes of this section: (1) "Affiliate of an association"
means any individual or company, including any corporation, partnership,
trust, joint-stock company or similar organization which controls, is controlled
by or is under common control with such association; and (2) "loan" includes
obligations and extensions or advances of credit.
17-5571.Prohibitions; injunctive relief; damages; definitions.
(a) An association shall not in any manner extend credit,
lease or sell property of any kind, or furnish any service, or fix or vary
the consideration for any of the foregoing, on the condition or requirement
that the customer: (1) Shall obtain additional credit, property or service
from such association, or from any service corporation or affiliate of such
association, other than a loan, discount, deposit or trust service; (2)
provide additional credit, property or service to such associations or to
any service corporation or affiliate of such association, other than those
related to and usually provided in connection with a similar loan, discount,
deposit or trust service; or (3) shall not obtain some other credit, property
or services from a competitor of such association, or from a competitor
of any service corporation or affiliate of such association, other than
a condition or requirement that such association shall reasonably impose
in connection with credit transactions to assure the soundness of credit.
(b) Any person may sue for and have injunctive relief in the courts of
this state having jurisdiction over the parties against threatened loss
or damage by reason of a violation of this section under the same conditions
and principles as injunctive relief against threatened conduct that will
cause loss or damage is granted by courts of this state under the rules
governing such proceedings. Upon the execution of proper bond as provided
in K.S.A. 60-905, and amendments thereto, and after a showing the danger
of irreparable loss or damage is immediate, a temporary injunction may be issued.
(c) Any person who is injured in such person's business or property by
reason of anything forbidden in this section, may sue in any district court
of this state where the defendant resides or is found or has an agent and
shall be entitled to recover three times the amount of the damages sustained
by such person and the cost of the suit, including reasonable attorney fees.
(d) Nothing contained in this section shall be construed as affecting
in any manner the right of this state or any other party to bring an action
under any other law of the United States or of any state, including any
right which may exist in addition to specific statutory authority challenging
the legality of any act or practice which may be proscribed by this section.
No regulation or order issued by the state savings and loan board shall
in any manner constitute a defense to such action.
(e) For the purposes of this section: (1) "Affiliate of an association"
means any individual or company, including any corporation, partnership,
trust, joint-stock company or similar organization which controls, is controlled
by or is under common control with such association; and (2) "loan" includes
obligations and extensions or advances of credit.
17-5571.Prohibitions; injunctive relief; damages; definitions.
(a) An association shall not in any manner extend credit,
lease or sell property of any kind, or furnish any service, or fix or vary
the consideration for any of the foregoing, on the condition or requirement
that the customer: (1) Shall obtain additional credit, property or service
from such association, or from any service corporation or affiliate of such
association, other than a loan, discount, deposit or trust service; (2)
provide additional credit, property or service to such associations or to
any service corporation or affiliate of such association, other than those
related to and usually provided in connection with a similar loan, discount,
deposit or trust service; or (3) shall not obtain some other credit, property
or services from a competitor of such association, or from a competitor
of any service corporation or affiliate of such association, other than
a condition or requirement that such association shall reasonably impose
in connection with credit transactions to assure the soundness of credit.
(b) Any person may sue for and have injunctive relief in the courts of
this state having jurisdiction over the parties against threatened loss
or damage by reason of a violation of this section under the same conditions
and principles as injunctive relief against threatened conduct that will
cause loss or damage is granted by courts of this state under the rules
governing such proceedings. Upon the execution of proper bond as provided
in K.S.A. 60-905, and amendments thereto, and after a showing the danger
of irreparable loss or damage is immediate, a temporary injunction may be issued.
(c) Any person who is injured in such person's business or property by
reason of anything forbidden in this section, may sue in any district court
of this state where the defendant resides or is found or has an agent and
shall be entitled to recover three times the amount of the damages sustained
by such person and the cost of the suit, including reasonable attorney fees.
(d) Nothing contained in this section shall be construed as affecting
in any manner the right of this state or any other party to bring an action
under any other law of the United States or of any state, including any
right which may exist in addition to specific statutory authority challenging
the legality of any act or practice which may be proscribed by this section.
No regulation or order issued by the state savings and loan board shall
in any manner constitute a defense to such action.
(e) For the purposes of this section: (1) "Affiliate of an association"
means any individual or company, including any corporation, partnership,
trust, joint-stock company or similar organization which controls, is controlled
by or is under common control with such association; and (2) "loan" includes
obligations and extensions or advances of credit.