16a-2-404. Payday loans; finance fees; legal rights and duties. (1) On customer loan deals by which money is advanced:
(a) With a term that is short
(b) a solitary repayment repayment is anticipated, and
(c) such advance loan is add up to or significantly less than $500, an authorized or supervised loan provider may charge a quantity to not ever exceed 15% associated with number of the bucks advance.
(2) The minimum term of every loan under this area will be 1 week and also the maximum term of any loan made under this part will be thirty days.
(3) a loan provider and associated interest shall maybe not have a lot more than two loans made under this area outstanding towards the exact same debtor at any one some time shall perhaps not make a lot more than three loans to virtually any one debtor within a 30 calendar time duration. Each loan provider shall keep a log of loan deals for each debtor which shall consist of at the least the information that is following
(a) Name, target and phone number of every borrower; and
(b) date made and due date of each and every loan.
(4) Each loan contract made under this area shall support the following notice in at least 10 point bold face type: NOTICE TO BORROWER: KANSAS LAW PROHIBITS THIS LENDER AND THEIR RELATED INTEREST FROM HAVING SIGNIFICANTLY MORE THAN TWO LOANS GREAT TO YOU PERSONALLY AT a ONETIME. A LENDER CANNOT DIVIDE THE QUANTITY YOU NEED TO BORROW TOWARDS SEVERAL LOANS TO BE ABLE TO BOOST THE COSTS YOU PAY.
Ahead of consummation associated with the loan deal, the loan provider must:
(a) supply the notice established in this subsection both in English and Spanish; and
(b) receive the debtor’s signature or initials beside the English form of the notice or, then next to the Spanish version of the notice if the borrower advises the lender that the borrower is more proficient in Spanish than in English.
(5) The agreement price of any loan made under this area shall not be much more than 3% per of the loan proceeds after the maturity date month. No insurance coverage costs or other fees of any nature whatsoever will be allowed, except as mentioned in subsection (7), including any prices for cashing the mortgage profits if they’re provided in balance kind.
(6) Any loan made under this part shall never be repaid by profits of some other loan made under this part because of the same lender or associated interest. The arises from any loan made under this part shall never be put on virtually any loan through the exact same loan provider or interest that is related.
(7) for a customer loan transaction in which money is advanced in return for a check that is personal one return check fee can be charged in the event that check is regarded as insufficient as defined in paragraph ( ag e) of subsection (1) of K.S.A. 16a-2-501, and amendments thereto. Upon receipt associated with the check through the customer, the financial institution shall immediately stamp the rear of the seek advice from an recommendation that states: “Negotiated as an element of a loan made under K.S.A. 16a-2-404. Holder takes at the mercy of claims and defenses of maker. No unlawful prosecution.”
(8) In determining whether a consumer loan deal made beneath the conditions for this section is unconscionable conduct under K.S.A. 16a-5-108, and amendments thereto, consideration will probably be offered, among other facets, to:
(a) the capability of this debtor to settle inside the regards to the mortgage made under this part; or
(b) the request that is original of debtor for quantity and term associated with the loan are inside the restrictions under this part.
(9) a consumer may rescind any customer loan deal made beneath the conditions of the part without cost perhaps perhaps not later on compared to the end associated with the company immediately following the day on which the loan transaction was made day. To rescind the mortgage deal:
(a) a consumer shall notify the financial institution that the buyer desires to rescind the mortgage deal;
(b) the customer shall get back the money quantity of the key associated with loan deal into the loan provider; and
(c) the financial institution shall get back any fees which have been gathered in colaboration with the mortgage.
(10) someone shall not commit or reason to be committed some of the after functions or methods relating to a consumer loan transaction at the mercy of the conditions of this part:
(a) Use any unit or contract that could have the result of recharging or gathering more charges, charges or interest, or which results much more charges, fees, or interest being compensated by the customer, than permitted because of the conditions with this part, including, yet not limited by:
(i) getting into a different style of deal with all the customer;
(ii) stepping into a sales/leaseback or rebate arrangement;
(iii) catalog sales; or
(iv) getting into some other transaction with all the customer or virtually any individual that was created to evade the applicability with this part;
(b) usage, or threaten to make use of the unlawful process in any state to gather in the loan;
(c) sell just about any item of any sort associated with the making or collecting associated with loan;
(d) consist of some of the after conditions in a loan document:
(i) A hold benign clause;
(ii) a confession of judgment clause;
(iii) a supply where the customer agrees not to ever assert a claim or defense arising out of the contract.
(11) As utilized in this section, “related interest” shall have the exact same meaning as “person linked to” in K.S.A. 16a-1-301, and amendments thereto.
(12) Any one who facilitates, allows or will act as a conduit or representative for just about any 3rd party who comes into into a customer loan deal because of the characteristics lay out in paragraphs (a) and (b) of subsection (1) will be necessary to get yourself a supervised loan permit pursuant to K.S.A. 16a-2-301, and amendments thereto, no matter whether the 3rd celebration could be exempt from licensure conditions of this Kansas consumer credit code that is uniform.
(13) Notwithstanding that the person might be exempted by virtue of federal legislation from the rate of interest, finance fee and licensure provisions associated with the Kansas consumer that is uniform rule, all the other conditions for the rule shall connect with both the person together with loan deal.
(14) This part will probably be supplemental to and an integral part of the uniform credit rating rule.
History: L. 1993, ch. 75, § 1; L. 1999, ch. 107, § 20; L. 2001, ch. 50, § 1; L. 2004, ch. 29, § 1; L. 2005, ch. 144, § 12; July 1.