16a-1-107. (UCCC) Waiver; agreement to forego rights; settlement of claims.
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16a-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.