50-1133 Same; private remedies.
50-1133. Same; private remedies. (a) Any consumer injured by a violation of this act or any rule and regulation promulgated thereunder may bring an action for recovery of damages. The damages awarded may not be less than the amount paid by the consumer to the credit services organization plus reasonable attorney fees and court costs. […]
50-1134 Same; injunction.
50-1134. Same; injunction. The commissioner, attorney general, county or district attorney or a consumer may bring an action in a district court to enjoin any violation of this act or any rule and regulation promulgated thereunder. History: L. 2004, ch. 22, § 19; July 1.
50-1135 Same; fees collected by commissioner.
50-1135. Same; fees collected by commissioner. All fees collected by the commissioner pursuant to this act shall be subject to the provisions of K.S.A. 75-1308 and amendments thereto. History: L. 2004, ch. 22, § 20; July 1.
50-1116 Kansas credit services organization act; citation; scope.
50-1116. Kansas credit services organization act; citation; scope. (a) K.S.A. 50-1116 through 50-1135, and amendments thereto, shall be known and may be cited as the Kansas credit services organization act. (b) Any individual licensed to practice law in this state acting within the course and scope of such individual’s practice as an attorney, and such […]
50-1117 Same; definitions.
50-1117. Same; definitions. Definitions as used in this act: (a) “Commissioner” means the state bank commissioner or designee, who shall be the deputy commissioner of the consumer and mortgage lending division of the office of the state bank commissioner. (b) “Consumer” means an individual who is a resident of this state. (c) “Credit services organization” […]
50-1118 Same; licensing required to conduct credit services organization business; application.
50-1118. Same; licensing required to conduct credit services organization business; application. (a) No person shall engage in, or hold such person out as willing to engage in any credit services organization business with a resident of this state without first obtaining licensing from the commissioner. Any person required to be licensed as a credit services […]
50-1119 Same; bond; requirements.
50-1119. Same; bond; requirements. Each applicant or licensee shall file with the commissioner a surety bond in a form acceptable to the commissioner. The surety bond shall be issued by a surety or insurance company authorized to conduct business in this state, securing the applicant’s or licensee’s faithful performance of all duties and obligations of […]
50-1120 Same; duties of licensee.
50-1120. Same; duties of licensee. No person required to be licensed by this act shall engage in debt management services unless: (a) The licensee has provided the consumer with a credit education program designed to improve the financial literacy of the consumer. (b) The licensee has: (1) (A) Taken reasonable steps to identify all creditors […]
50-1121 Same; prohibited acts.
50-1121. Same; prohibited acts. No person required to be licensed under this act shall: (a) Delay payment of a consumer’s debt for the purpose of increasing interest, costs, fees or charges payable by the consumer. (b) Make any misrepresentation of any material fact or false promise to: (1) Influence, persuade or induce a consumer to […]
50-1122 Same; registrant’s duties regarding certain funds paid to licensee.
50-1122. Same; registrant’s duties regarding certain funds paid to licensee. (a) Within four calendar days after receipt of any funds paid to the licensee by or on behalf of a consumer for disbursement to such consumer’s creditors, a licensee shall deposit such funds in a trust account established for the benefit of consumers. (b) A […]