Gonzales v. Associates Financial Service Co. of Kansas, Inc.

I respectfully dissent from the majority’s finding that the lender’s acts were not unconscionable or deceptive, that the lender’s charge of an origination fee for a refinanced loan is permitted, and that the district court’s grant of summary judgment to the lender was proper.

The majority acknowledges that whether a deceptive act or practice has occurred under the Kansas Consumer Protection Act is not a question of law for the court, but rather a question of fact for the jury to decide. Manley v. Wichita Business College, 237 Kan. 427, Syl. ¶ 2, 701 P.2d 893 (1985). It also notes that in the…