Printable Format16a-1-102. (UCCC) Purposes; rules of construction. (1) K.S.A. 16a-1-101 et seq., and amendments thereto, shall be liberally construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of this act are:
(a) To simplify, clarify and modernize the law governing consumer credit transactions;
(b) to protect consumers against unfair practices; and
(c) to facilitate sound consumer credit practices.
(3) A reference to a requirement imposed by K.S.A. 16a-1-101 et seq., and amendments thereto, includes reference to a rule and regulation adopted by the administrator pursuant to this act.
History: L. 1973, ch. 85, § 2; L. 1981, ch. 93, § 2; L. 1988, ch. 85, § 1; L. 2024, ch. 6, § 29; January 1, 2025.
KANSAS COMMENT, 2000
One of the primary purposes of the U3C is to provide a unified, functional framework for the entire subject of consumer credit. To this end, the U3C places all aspects of consumer credit under a single statutory umbrella. It replaces widely scattered pieces of legislation which were enacted by different Kansas legislatures, at different times, for different reasons: the 1955 consumer loan act, those portions of the 1958 sales finance act dealing with motor vehicles and those dealing with non-motor vehicles, the 1969 truth in lending act, part of the 1929 credit union law, various installment loan provisions, and part of the 1968 buyer protection act. In addition, the U3C alters several provisions in the UCC for transactions involving consumers. For a more detailed listing of statutes affected by the enactment of the U3C in Kansas, see the Kansas comment to K.S.A. 16a-9-101.
Law Review and Bar Journal References:
The uniform commercial code, the statute of frauds, and the farmer, 25 K.L.R. 318, 323 (1977).
"History & Overview of the Uniform Consumer Credit Code," Ryan E. Hodge, J.K.T.L.A. Vol. XXVI, No. 3, 8 (2003).
Attorney General's Opinions:
Interest and charges; usury. 79-252.
Limitations on consumer's liability; balloon payments; denial of right to refinance. 82-143.
Consumer loans; finance charge; exemption of adjustable rate loans from maximum finance charge limits. 82-227.
Property insurance; damage to property unrelated to credit transaction. 86-42.
Attorney fees; national direct student loans. 86-113.
Disclosure; discounts for cash purchases. 86-115.
Authority of legislature to transfer money from special revenue funds into state general fund. 2002-45.
CASE ANNOTATIONS
1. Public utilities are specifically excluded from application of this section. Jones v. Kansas Gas and Electric Co., 222 Kan. 390, 397, 565 P.2d 597 (1977).
2. States not granted authority to remove federal court jurisdiction merely by codifying traditional common-law cause. Federal Deposit Ins. Corp. v. Gates, 594 F. Supp. 36, 38 (1984).
3. Cited in holding parties to business loans may agree to subject themselves to UCCC (K.S.A. 16a-1-109). Farmers State Bank v. Haflich, 10 Kan. App. 2d 333, 336, 699 P.2d 553 (1985).
4. Federal constitution's supremacy clause prohibits state from requiring licensure of FDIC under UCCC. Thompson v. Federal Deposit Ins. Corp., 241 Kan. 328, 332, 736 P.2d 914 (1987).
5. Unlicensed assignee of a supervised loan has no authority to collect loan or enforce its terms. Independent Financial, Inc. v. Wanna, 39 Kan. App. 2d 733, 186 P.3d 196 (2008).