16a-3-204. (UCCC) Change in terms of open end credit accounts. (1) If a creditor makes a change in the terms of an open end credit account without complying with this section any additional cost or charge to the consumer resulting from the change is an excess charge and subject to the remedies available to consumers (section 16a-5-201) and to the administrator (section 16a-6-113).
(2) A creditor may change the terms, including the finance charge, of an open end credit account whether or not the change is authorized by prior agreement. Except as provided in subsection (3), the lender shall give to the consumer written notice of any change at least 30 days before the effective date of the change.
(3) The notice specified in subsection (2) is not required if:
(a) The consumer elects to pay an amount designated on a billing statement as including a new charge for a benefit offered to the consumer when the benefit and charge constitute the change in terms and when the billing statement also states the amount payable if the new charge is excluded;
(b) the change involves no significant cost to the consumer; or
(c) the change applies only to debts incurred after a date specified in a notice of the change.
(4) The notice provided for in this section is given to the consumer when mailed to the consumer at the address used by the creditor for sending periodic billing statements.
History: L. 1973, ch. 85, § 44; L. 1980, ch. 77, § 4; L. 1981, ch. 94, § 4; L. 1982, ch. 93, § 5; L. 1983, ch. 79, § 4; L. 1985, ch. 82, § 4; L. 1987, ch. 81, § 1; L. 1993, ch. 49, § 1; July 1.
Structure Kansas Statutes
Chapter 16a - Consumer Credit Code
Article 3 - Regulation Of Agreements And Practices
16a-3-201 (UCCC) Consumer leases.
16a-3-202 (UCCC) Notice to consumer.
16a-3-203 (UCCC) Notice of assignment.
16a-3-203a Receipt of payment by assignor.
16a-3-204 (UCCC) Change in terms of open end credit accounts.
16a-3-205 (UCCC) Receipts; statements of account; evidence of payment.
16a-3-206 (UCCC) Compliance with rules and regulations; truth in lending.
16a-3-207 Consumer loans secured by certain real estate mortgages; appraisals and notice.
16a-3-208 Advertising; prohibited conduct.
16a-3-209 Calendar days used for computing time.
16a-3-301 (UCCC) Security in sales or leases.
16a-3-302 (UCCC) Cross-collateral.
16a-3-303 (UCCC) Debt secured by cross-collateral.
16a-3-304 (UCCC) Use of multiple agreements.
16a-3-305 (UCCC) No assignment of earnings.
16a-3-306 (UCCC) Authorization to confess judgment prohibited.
16a-3-307 (UCCC) Certain negotiable instruments prohibited.
16a-3-308 (UCCC) Balloon payments.
16a-3-309 (UCCC) Referral sales.
16a-3-401 (UCCC) Restriction on liability in consumer lease.
16a-3-402 (UCCC) Limitation on default charges.
16a-3-403 (UCCC) Credit card issuer subject to defenses.
16a-3-405 (UCCC) Lender subject to defenses arising from sales and leases.