Debt Collection Problems

Debt Collection Laws

Kansas Fair Debt Collection Practices Act

The pressure that a debt collector can put on a person can be unbearable.  Sometimes it is hard to make ends meet, and the added stress of collectors coming for their money is unnecessary.  Consumers are provided protection from harassment and abuse through the Fair Debt Collection Practices Act.

Some states have enacted additional protections with state laws designed to further protect consumers from unfair and harassing conduct. In Kansas, consumers are protected by a few different state laws.  The laws cover creditors and the extensions of consumer credit.  The Kansas debt law prohibits "extortionate" extensions of credit wherein it is understood that if repayment is delayed, there may be violent or criminal means to harm the person or property of the debtor.

Kansas also has enacted the Kansas Consumer Protection Act (KSA 50-623 to 50-636).  This statute also applies to "suppliers" which has been held to include creditors and collectors. The KCPA prohibits conduct which would be deemed an "unconscionable" collection practice.   A consumer who is a victim to a violation of this Act may obtain injunctive relief, and may recover statutory damages of up to $10,000 plus attorneys fees.