16a-1-201. (UCCC) Territorial application.
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/ks/16a-1-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
16a-1-201.
(UCCC)Territorial application.
(1)Except as otherwise provided in this section, K.S.A. 16a-1-101 et seq., and amendments thereto, apply to consumer credit transactions made in Kansas. For purposes of such sections of this act, a consumer credit transaction is made in Kansas if:
(a)A written agreement executed by electronic or physical signature evidencing the obligation or offer of the consumer is received by the creditor from a consumer in Kansas; or
(b)the creditor induces the consumer who is a resident of Kansas to enter into the transaction by solicitation in Kansas by any means, including, but not limited to: Mail, telephone, radio, television, electronic mail, internet or any other electronic means.
(2)Except as provided in subsection (5), a consumer credit transaction made in a state outside of Kansas to a person who was not a resident of Kansas when the sale, lease, loan or modification was made is valid and enforceable in Kansas according to its terms to the extent that it is valid and enforceable under the laws of the state applicable to the transaction.
(3)Notwithstanding other provisions of this section, except as provided in subsection (5), K.S.A. 16a-1-101 et seq., and amendments thereto, do not apply if the consumer is not a resident of Kansas at the time of a consumer credit transaction and the parties have agreed that the law of the consumer's residence applies.
(4)With respect to consumer credit transactions entered into pursuant to open-end credit, this act shall apply if the consumer's communication or indication of intention to establish the agreement is received by the creditor conducting business in Kansas. If no communication or indication of intention is given by the consumer before the first transaction, this act applies if the creditor's communication notifying the consumer of the privilege of using open-end credit is provided to the consumer in Kansas.
(5)The part addressing limitations on creditors' remedies of the article on remedies and penalties applies to actions or other proceedings brought in this state to enforce rights arising from consumer credit transactions or extortionate extensions of credit, wherever made.
(6)For the purposes of K.S.A. 16a-1-101 et seq., and amendments thereto, the residence of a consumer is the address provided by the consumer as the consumer's residence in any written agreement signed by the consumer in connection with a consumer credit transaction. Until the consumer notifies the creditor of a new or different address, the address provided by the consumer shall be presumed to be unchanged.
(7)Except as provided in subsection (3), the following agreements by a buyer, lessee or debtor are invalid with respect to a consumer credit transaction to which K.S.A. 16a-1-101 et seq., and amendments thereto, apply:
(a)That the law of another state shall apply;
(b)that the consumer consents to the jurisdiction of another state; and
(c)that fixes venue.