Printable Format16a-1-107. (UCCC) Waiver; agreement to forego rights; settlement of claims. (1) Except as otherwise provided in K.S.A. 16a-1-101 et seq., and amendments thereto, a consumer may not waive or agree to forego rights or benefits under this act.
(2) A claim by a consumer against a creditor for any violation of K.S.A. 16a-1-101 et seq., and amendments thereto, or civil penalty a claim against a consumer for default or breach of a duty imposed by this act, if disputed in good faith, may be settled by agreement.
(3) A claim against a consumer may be settled for less value than the amount claimed.
(4) A settlement in which the consumer waives or agrees to forego rights or benefits under K.S.A. 16a-1-101 et seq., and amendments thereto, is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the consumer, any deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of the consideration are relevant to the issue of unconscionability.
History: L. 1973, ch. 85, § 6; L. 2024, ch. 6, § 32; January 1, 2025.
KANSAS COMMENT, 2010
Unlike the UCC, which broadly permits variation by agreement (K.S.A. 84-1-302(a)), the U3C starts from the premise that a consumer generally may not waive or agree to forego rights or benefits under the U3C. This provision is typical of consumer protection legislation; a similar section is contained in the KCPA. See K.S.A. 50-625; compare K.S.A. 84-9-602. In the absence of a provision of the U3C specifically authorizing a waiver, any waiver or agreement to forego must be part of a settlement, and settlements are subject to review as provided in this section.
Law Review and Bar Journal References:
Cited as causing uncertainty as to repossession of collateral in "The New Kansas Consumer Legislation," Barkley Clark, 42 J.B.A.K. 147, 197 (1973).
"Creditor Beware: From Default Through Deficiency Judgment," Wanda M. Temm, 60 J.K.B.A. No. 8, 17, 18 (1991).
Attorney General's Opinions:
Limitations on consumer's liability; balloon payments; denial of right to refinance. 82-143.