16a-5-301. (UCCC) Intentional violations; penalties. (1) It is unlawful for any person to violate any of the provisions of this act, any rule and regulation adopted or order issued under this act. A conviction for an intentional violation is a class A nonperson misdemeanor. A second or subsequent conviction of this subsection is severity level 7 nonperson felony. No person may be imprisoned for the violation of this section if such person proves that such person had no knowledge of the rule and regulation or order.
(2) The criminal liability of a person under this section is in lieu of and not in addition to the creditor's criminal liability under the federal truth in lending act. No prosecution of a person with respect to the same violation may be maintained pursuant to both this section and the federal truth in lending act.
(3) A person, other than a supervised financial organization or an attorney or collection agency who does not purchase the credit obligation, who willfully engages in the business of entering into consumer credit transactions, or of taking assignments of rights against consumers arising therefrom and undertakes direct collection of payments or enforcement of these rights, without complying with the provisions of this act concerning notification (K.S.A. 16a-6-202, and amendments thereto) or payment of fees (K.S.A. 16a-6-203, and amendments thereto), is guilty of a class A misdemeanor and upon conviction thereof shall be punished in the manner provided by law.
History: L. 1973, ch. 85, § 92; L. 1999, ch. 107, § 27; July 1.
Structure Kansas Statutes
Chapter 16a - Consumer Credit Code
Article 5 - Remedies And Penalties
16a-5-103 (UCCC) Restrictions on deficiency judgments.
16a-5-107 (UCCC) Extortionate extensions of credit.
16a-5-108 (UCCC) Unconscionability; inducement by unconscionable conduct.
16a-5-110 (UCCC) Notice of consumer's right to cure.
16a-5-111 (UCCC) Cure of default.
16a-5-112 (UCCC) Creditor's right to take possession after default.
16a-5-201 (UCCC) Effect of violations on rights of parties.
16a-5-202 (UCCC) Refunds and penalties as setoff to obligation.
16a-5-203 (UCCC) Civil liability for violation of disclosure provisions.