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GONZALES v. ASSOCIATES FINANCIAL SERV. CO. OF KANSAS

No. 78,944.

266 Kan. 141 (1998)

967 P.2d 312

HENRY GONZALES, Individually and on Behalf of All Others Similarly Situated, Appellant, v. ASSOCIATES FINANCIAL SERVICE COMPANY OF KANSAS, INC., Appellee.

Supreme Court of Kansas.

Opinion filed November 6, 1998.

Attorney(s) appearing for the Case

Arden J. Bradshaw, of Bradshaw, Johnson & Hund, of Wichita, argued the cause, and Ryan Hodge, of Ray Hodge & Associates, L.L.C., of Wichita, was with him on the briefs for appellant.

James D. Oliver, of Foulston & Siefkin, L.L.P., of Topeka, argued the cause, and Martha Aaron Ross, of the same firm, of Wichita, was with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This first impression consumer loan case, before us on summary judgment, focuses on K.S.A. 16a-2-401(9)(b) of the Kansas Uniform Consumer Credit Code (UCCC). K.S.A. 16a-2-401(9)(b) is not contained in the Model Uniform Act. It authorizes, in addition to the permitted finance charge, a nonrefundable origination fee legislatively named a "nonrefundable prepaid finance...

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