50-1116.
Citation and scope of act.
(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 individual's law firm, shall be exempt from the provisions of this act.
History:
L. 2004, ch. 22, § 1; L. 2012, ch. 161, § 16; May 31.
CASE ANNOTATIONS
1. The statutory exemption from regulation by the office of Kansas state bank commissioner does not apply to a limited liability company or any other entity not licensed to practice law by the Kansas supreme court. Consumer Law Associates v. Stork, 47 Kan. App. 2d 208, 276 P.3d 226 (2012).
2. Out-of-state consumer debt settlement service would not qualify for exemption in the Kansas credit services organization act. In re Kinderknecht, 470 B.R. 149 (Bkrtcy. D. Kan. 2012).
3. The law firm of an attorney who is exempt from the statutory requirements is also exempt. Hays v. Ruther, 298 Kan. 402, 313 P.3d 782 (2013).
Parks v. Persels & Assocs., LLC (In Re Kinderknecht), 470 B.R. 149 (Bankr. D. Kan. 2012). · cites it 11ד, not a party to this proceeding, is a national company registered with the Kansas Bank Commissioner under the Kansas Credit Services Organization Act (KCSOA), Kan. Stat. Ann. § 50-1116 et seq. to provide debt management services to Kansas consumers.”
Hays v. Ruther, 313 P.3d 782 (Kan. 2013). · cites it 5דThe Kansas plaintiffs brought an action against the limited liability company, its managing member, and other entities for asserted violations of the Kansas Credit Services Organization Act (KCSOA), K.”
Schmidt v. Persels & Assocs., LLC (In re Parks), 509 B.R. 345 (D. Kan. 2014). · cites it 2ד” K.S.A. 50-1116(b). Under K.S.A. 50-1117(f), a person is “any individual, corporation, partnership, association, unincorporated organization or other form of entity, however organized, including a nonprofit enti *352 ty.”
Consum. Law Assocs., LLC v. Stork, 276 P.3d 226 (Kan. Ct. App. 2012). · cites it 5ד” K.S.A. 50-1116(b). The field attorneys work for CLA and Persels, and the clients they serve are CLA’s and Persel’s clients.”
Kisor v. Advantage 2000 Consultants, Inc., 799 F. Supp. 2d 1204 (D. Kan. 2011). · cites it 2דK.S.A. § 50-1116. The court notes that the four categories of state laws that “relate to” a benefit plan set out in Woodworker’s are not present in the case at hand.”
— K.S.A. § 50-1116(b) — 4 cases
Parks v. Persels & Assocs., LLC (In Re Kinderknecht), 470 B.R. 149 (Bankr. D. Kan. 2012). “, not a party to this proceeding, is a national company registered with the Kansas Bank Commissioner under the Kansas Credit Services Organization Act (KCSOA), Kan. Stat. Ann. § 50-1116 et seq. to provide debt management services to Kansas consumers.”
Schmidt v. Persels & Assocs., LLC (In re Parks), 509 B.R. 345 (D. Kan. 2014). “” K.S.A. 50-1116(b). Under K.S.A. 50-1117(f), a person is “any individual, corporation, partnership, association, unincorporated organization or other form of entity, however organized, including a nonprofit enti *352 ty.”
Hays v. Ruther, 313 P.3d 782 (Kan. 2013). “The Kansas plaintiffs brought an action against the limited liability company, its managing member, and other entities for asserted violations of the Kansas Credit Services Organization Act (KCSOA), K.”
Consum. Law Assocs., LLC v. Stork, 276 P.3d 226 (Kan. Ct. App. 2012). “” K.S.A. 50-1116(b). The field attorneys work for CLA and Persels, and the clients they serve are CLA’s and Persel’s clients.”
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