50-1121.Same; prohibited acts.No person required to be registered under this act shall:(a) Delay payment of aconsumer's debt for the purpose of increasing interest, costs, fees or chargespayable by theconsumer.
(b) Make any misrepresentation of any material fact or false promise intendedto:
(1) Influence, persuade or induce a consumer to enter into a debt managementservicesagreement; or
(2) cause or contribute to any misrepresentation by any other person actingon suchperson's behalf.
(c) Make or use any false or misleading representation in the offer or saleof the services of a debtmanagement services agreement or credit services organization business,including, but notlimited to, guaranteeing to "erase bad credit" or words to that effect unlessthe representationclearly discloses that guaranteed action can be done only if the consumer'scredit history isinaccurate or obsolete.
(d) Engage, directly or indirectly, in any fraudulent or deceptive act,practice or course ofbusiness in connection with the offer or sale of the services of a creditservices organization.
(e) Make, or advise a consumer to make, any statement with respect to aconsumer's credit worthiness, credit standing or credit capacity that is falseor misleading, or that should be knownby the exercise of reasonable care to be false or misleading, to a consumerreporting agency or toa person who has extended credit to a consumer or to whom a consumer isapplying for anextension of credit.
(f) Advertise or cause to be advertised, in any manner whatsoever, theservices of a creditservices organization to Kansas consumers without first obtaining properregistration from thecommissioner.
(g) Receive compensation for rendering debt management services where theperson hasotherwise acted as a creditor for the consumer.
(h) Transfer, assign or attempt to transfer or assign, a registration to anyother person.
(i) Conduct credit services organization activities using any name other thanthe name or namesapproved by the commissioner.
(j) Operate as a collection agency.
(k) Receive or charge any fee in the form of a promissory note or otherpromise to pay.
(l) Accept or receive any reward, bonus, premium, commission or any otherconsideration forreferring a consumer to any person or related interest.
(m) Give a reward, bonus, premium, commission or any other considerationfor the referral of a consumer tothe registrant's creditservices organization business.
(n) Lend money or provide credit to a consumer.
(o) Obtain a mortgage or other security interest in real or personal propertyowned by aconsumer.
(p) Structure a debt management services agreement in any manner that wouldresult in anegative amortization of any of the consumer's debts.
(q) Charge for or provide credit insurance.
(r) Purchase any debt or obligation of a consumer.
(s) Use any communication which simulates in any manner a legal or judicialprocess, or whichgives the false appearance of being authorized, issued or approved by agovernment,governmental agency or attorney-at-law.
(t) While operating as a registrant, or a director, manager or officer ofsuch registrant or anyrelated interest of such registrant, be a director, manager, officer, owner orrelated interest of anycreditor or a subsidiary of any such creditor, that is receiving or willreceive payments from theregistrant on behalf of a consumer with whom the registrant has entered into adebt managementservices agreement.
(u) Attempt to cause a consumer to waive or agree to forego rights orbenefits under this act.
50-1121.Same; prohibited acts.No person required to be registered under this act shall:(a) Delay payment of aconsumer's debt for the purpose of increasing interest, costs, fees or chargespayable by theconsumer.
(b) Make any misrepresentation of any material fact or false promise intendedto:
(1) Influence, persuade or induce a consumer to enter into a debt managementservicesagreement; or
(2) cause or contribute to any misrepresentation by any other person actingon suchperson's behalf.
(c) Make or use any false or misleading representation in the offer or saleof the services of a debtmanagement services agreement or credit services organization business,including, but notlimited to, guaranteeing to "erase bad credit" or words to that effect unlessthe representationclearly discloses that guaranteed action can be done only if the consumer'scredit history isinaccurate or obsolete.
(d) Engage, directly or indirectly, in any fraudulent or deceptive act,practice or course ofbusiness in connection with the offer or sale of the services of a creditservices organization.
(e) Make, or advise a consumer to make, any statement with respect to aconsumer's credit worthiness, credit standing or credit capacity that is falseor misleading, or that should be knownby the exercise of reasonable care to be false or misleading, to a consumerreporting agency or toa person who has extended credit to a consumer or to whom a consumer isapplying for anextension of credit.
(f) Advertise or cause to be advertised, in any manner whatsoever, theservices of a creditservices organization to Kansas consumers without first obtaining properregistration from thecommissioner.
(g) Receive compensation for rendering debt management services where theperson hasotherwise acted as a creditor for the consumer.
(h) Transfer, assign or attempt to transfer or assign, a registration to anyother person.
(i) Conduct credit services organization activities using any name other thanthe name or namesapproved by the commissioner.
(j) Operate as a collection agency.
(k) Receive or charge any fee in the form of a promissory note or otherpromise to pay.
(l) Accept or receive any reward, bonus, premium, commission or any otherconsideration forreferring a consumer to any person or related interest.
(m) Give a reward, bonus, premium, commission or any other considerationfor the referral of a consumer tothe registrant's creditservices organization business.
(n) Lend money or provide credit to a consumer.
(o) Obtain a mortgage or other security interest in real or personal propertyowned by aconsumer.
(p) Structure a debt management services agreement in any manner that wouldresult in anegative amortization of any of the consumer's debts.
(q) Charge for or provide credit insurance.
(r) Purchase any debt or obligation of a consumer.
(s) Use any communication which simulates in any manner a legal or judicialprocess, or whichgives the false appearance of being authorized, issued or approved by agovernment,governmental agency or attorney-at-law.
(t) While operating as a registrant, or a director, manager or officer ofsuch registrant or anyrelated interest of such registrant, be a director, manager, officer, owner orrelated interest of anycreditor or a subsidiary of any such creditor, that is receiving or willreceive payments from theregistrant on behalf of a consumer with whom the registrant has entered into adebt managementservices agreement.
(u) Attempt to cause a consumer to waive or agree to forego rights orbenefits under this act.
50-1121.Same; prohibited acts.No person required to be registered under this act shall:(a) Delay payment of aconsumer's debt for the purpose of increasing interest, costs, fees or chargespayable by theconsumer.
(b) Make any misrepresentation of any material fact or false promise intendedto:
(1) Influence, persuade or induce a consumer to enter into a debt managementservicesagreement; or
(2) cause or contribute to any misrepresentation by any other person actingon suchperson's behalf.
(c) Make or use any false or misleading representation in the offer or saleof the services of a debtmanagement services agreement or credit services organization business,including, but notlimited to, guaranteeing to "erase bad credit" or words to that effect unlessthe representationclearly discloses that guaranteed action can be done only if the consumer'scredit history isinaccurate or obsolete.
(d) Engage, directly or indirectly, in any fraudulent or deceptive act,practice or course ofbusiness in connection with the offer or sale of the services of a creditservices organization.
(e) Make, or advise a consumer to make, any statement with respect to aconsumer's credit worthiness, credit standing or credit capacity that is falseor misleading, or that should be knownby the exercise of reasonable care to be false or misleading, to a consumerreporting agency or toa person who has extended credit to a consumer or to whom a consumer isapplying for anextension of credit.
(f) Advertise or cause to be advertised, in any manner whatsoever, theservices of a creditservices organization to Kansas consumers without first obtaining properregistration from thecommissioner.
(g) Receive compensation for rendering debt management services where theperson hasotherwise acted as a creditor for the consumer.
(h) Transfer, assign or attempt to transfer or assign, a registration to anyother person.
(i) Conduct credit services organization activities using any name other thanthe name or namesapproved by the commissioner.
(j) Operate as a collection agency.
(k) Receive or charge any fee in the form of a promissory note or otherpromise to pay.
(l) Accept or receive any reward, bonus, premium, commission or any otherconsideration forreferring a consumer to any person or related interest.
(m) Give a reward, bonus, premium, commission or any other considerationfor the referral of a consumer tothe registrant's creditservices organization business.
(n) Lend money or provide credit to a consumer.
(o) Obtain a mortgage or other security interest in real or personal propertyowned by aconsumer.
(p) Structure a debt management services agreement in any manner that wouldresult in anegative amortization of any of the consumer's debts.
(q) Charge for or provide credit insurance.
(r) Purchase any debt or obligation of a consumer.
(s) Use any communication which simulates in any manner a legal or judicialprocess, or whichgives the false appearance of being authorized, issued or approved by agovernment,governmental agency or attorney-at-law.
(t) While operating as a registrant, or a director, manager or officer ofsuch registrant or anyrelated interest of such registrant, be a director, manager, officer, owner orrelated interest of anycreditor or a subsidiary of any such creditor, that is receiving or willreceive payments from theregistrant on behalf of a consumer with whom the registrant has entered into adebt managementservices agreement.
(u) Attempt to cause a consumer to waive or agree to forego rights orbenefits under this act.
