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KANSAS COMMENT, 2010

The disclosure requirements of the TILA (15 U.S.C. § 1601 et seq.) are incorporated by reference pursuant to rules and regulations adopted by the administrator under K.S.A. 16a-6-117 and this section. See K.A.R. 75-6-26. The purpose is to obtain dual administrative enforcement of the TILA. See K.S.A. 16a-5-203(6). The U3C does contain a few disclosure requirements that go beyond federal law. See K.S.A. 16a-3-202, 16a-2-404(4), and 16a-3-207.

Law Review and Bar Journal References:

"The New Kansas Consumer Legislation," Barkley Clark, 42 J.B.A.K. 147, 200 (1973).

"Summary Repossession, Replevin, and Foreclosure of Security Interests," Thomas V. Murray, 46 J.B.A.K. 93, 94 (1977).

"Survey of Kansas Law: Consumer Law," John C. Maloney, 27 K.L.R. 197, 199 (1979).

"Interest Rates in Kansas: The Decline and Fall of Ezekiel," Barkley Clark, 49 J.B.A.K. 81, 87 (1980).

"The U.C.C.C. and Real Estate Financing: A Square Peg in a Round Hole," Thomas L. Griswold, 28 K.L.R. 601, 612, 615 (1980).

"Farmers and the Law: Exemptions and Exceptions," J. W. Looney, 50 J.B.A.K. 7, 16 (1981).

Attorney General's Opinions:

Arrests; citations, procedures and penalties; appearance bonds; use of credit cards. 82-165.

CASE ANNOTATIONS

1. Failure to include the term unpaid balance constitutes a violation of truth in leading. Ed Marling Stores, Inc. v. Miracle, 6 Kan. App. 2d 175, 176, 177, 627 P.2d 352 (1981).

2. When remedies are pursued under federal truth in lending act, questions concerning statute of limitations must be determined under federal law. United Missouri Bank of Kansas City v. Robinson, 7 Kan. App. 2d 120, 122, 638 P.2d 372 (1982).

3. The disclosures made by plaintiff did not meet the requirements of the federal truth in lending act; affirmed. Forbes Credit Union v. Mewhinney, 7 Kan. App. 2d 165, 166, 638 P.2d 383 (1982).