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Bounded electronic-rescission application clarification

S_KS · pass-14Captured 2026-10-264 tables · 4 claim records · 5 source recordsScoped coordinator review completed

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SettleADebt.com — S_KS, PASS-14

Bounded PASS-05 electronic-rescission application clarification

Fresh targeted research date: October 26, 2026, Pacific / October 26, 2026, UTC Character: Same-coordinator bounded correction; not an independent review. PASS-05 remains unchanged except for the replacement and qualification cells below.

1. Replacement and affected cells

Affected PASS-05 cell	Exact correction
A4.2 — delete this sentence	“A provider also cannot manufacture nonreceipt by using a notice system that the consumer cannot reasonably use or by contradicting the agreement’s designated route.”
A4.2 — replacement text	“Whether an electronic rescission notice was sent and received depends on the parties’ actual agreement and the actual transmission facts. Kansas UETA applies only where each party agreed to conduct the relevant transaction electronically. Unless the sender and recipient agreed otherwise, K.S.A. 16-1615 treats an electronic record as sent only when it is properly directed to an information-processing system that the recipient designated or uses for records of that type, the recipient can retrieve it, it is processable by that system, and it leaves the sender’s control or enters the recipient-controlled portion of the system. It is received only when it enters such a designated or used, retrievable system in processable form. Individual awareness of receipt is unnecessary.” Kansas Legislature+1 “If a person knows that a record purportedly sent or received was not actually sent or received, K.S.A. 16-1615(g) does not deem the record sent or received. It leaves the legal effect to other applicable law and provides that subsection (g)’s rule cannot be varied by agreement except to the extent that other law permits. The reviewed provisions do not themselves establish a general notice-system ‘reasonable usability’ standard, invalidate a conflicting notice clause, deem an unsuccessfully transmitted notice received, or create automatic rescission or provider liability.” Kansas Legislature
Reason K.S.A. 16-1608 does not preserve the deleted sentence	K.S.A. 16-1608 protects the recipient’s ability to retain information that a sender is legally required to provide, send, or deliver electronically. It makes an electronic record unenforceable against the recipient if the sender or its system inhibits printing or storage. On its face, it does not establish that a consumer’s attempted rescission is deemed received because a provider’s inbound notice route was inaccessible, inconvenient, contradictory, or difficult to use. Its anti-inhibition provision therefore does not supply the broader deleted assertion. Kansas Legislature
KCSOA application preserved	K.S.A. 50-1120(c)(4) still requires the agreement to disclose that the consumer may rescind at any time by giving the licensee written notice of rescission. K.S.A. 50-1122(c)’s ten-calendar-day return period still runs from the licensee’s receipt of rescission. PASS-14 changes neither rule; it clarifies that the electronic-receipt predicate must be proved rather than presumed. Kansas Legislature+1
PASS-05 Example E06 qualification	E06 remains unchanged on its express hypothetical assumptions: the parties agreed to transact electronically, the agreement designated the email address for written notices, the message entered that designated system, the system could process it, and the licensee could retrieve it. Add: “E06 does not establish that a notice sent through a different, inaccessible, disabled, contradictory, or unsuccessfully reached channel is deemed received. The result in such a branch depends on the parties’ agreement, actual system and transmission evidence, K.S.A. 16-1615(g), and other applicable law.”

2. Corrected claim cells

PASS-14 claim ID	Prior alias	Precise corrected assertion	Source and pinpoint	Conditions, consequence, and confidence
S_KS-P14-C001	Replaces the overbroad portion of S_KS-P05-C043	Where Kansas UETA applies and the parties have not agreed otherwise, an electronic rescission notice is sent and received only under K.S.A. 16-1615’s system-direction, processability, control, entry, retrieval, and designated-or-used-system predicates. Receipt can occur without an individual’s actual awareness.	S_KS-P14-S001, K.S.A. 16-1615(a)–(e); S_KS-P14-S002, K.S.A. 16-1605(a)–(e). Kansas Legislature+1	High for the default statutory rules. Actual electronic-transaction assent, agreed variation, system designation or use, processability, retrieval, entry, and control remain factual.
S_KS-P14-C002	New qualification to S_KS-P05-C043	When a person knows that a record purportedly sent or received under K.S.A. 16-1615 was not actually sent or received, subsection (g) leaves the legal effect to other applicable law. It does not itself deem receipt, cancellation, breach, waiver, estoppel, or liability. Subsection (g)’s rule may not be varied by agreement except as that other law permits.	S_KS-P14-S001, K.S.A. 16-1615(g). Kansas Legislature	High for the text; application held. No “other applicable law” was established on unsupplied facts. Knowledge of nonreceipt is not the same as statutory receipt.
S_KS-P14-C003	Narrows A4.2’s former application claim	The Kansas provisions reviewed do not independently establish that a provider “manufactures nonreceipt” merely by offering an inconvenient, contradictory, inaccessible, or poorly designed electronic notice route. Nor do they establish that such a notice is ineffective or that provider evasion is permissible. The legal effect remains dependent on actual agreement language, transmission facts, and independently applicable law.	S_KS-P14-S001–S004. Kansas Legislature+4	High as a bounded evidence-scope correction. A controlling Kansas KCSOA/UETA application decision was not located in the bounded searches described below.
S_KS-P14-C004	Preserves S_KS-P05-C015, C031, and related coverage	The substantive rescission right remains ongoing and requires written notice to the licensee; funds then held for the consumer remain subject to the separate ten-calendar-day return rule measured from receipt of rescission. PASS-14 adds no deemed-receipt rule and changes no calendar computation.	S_KS-P14-S004, K.S.A. 50-1120(c)(4) and 50-1122(c). Kansas Legislature+1	High. Actual receipt, amount then held, and calendar facts remain unsupplied.

3. Corrected coverage cell

PASS-05 coverage item	Corrected status	Supporting claims	Exact remaining evidence and next action
Electronic rescission notice and receipt	Partial — statutory default clarified; application unresolved	S_KS-P14-C001–C004; prior P5 electronic-writing claims otherwise preserved	Establish: (1) whether both parties agreed to conduct the relevant transaction electronically; (2) the complete agreement and any designated notice route; (3) whether the parties validly varied K.S.A. 16-1615’s default rules; (4) the address, portal, or system actually used; (5) whether it was a system the licensee designated or used for that type of record; (6) processability and retrievability; (7) actual entry and whether the record left the sender’s control; (8) acknowledgments, bounce notices, disabled accounts, portal logs, or contradictory instructions; (9) whether anyone knew the record was not actually sent or received; and (10) what independently applicable law supplies the legal effect. No current published Kansas opinion was located in the bounded search that applies K.S.A. 16-1615 to a KCSOA rescission or establishes a general unusable-notice-system or anti-evasion rule. That search result is not proof that no unpublished, trial-level, private, or later authority exists.

4. PASS-14 source-access register

Source ID	Title, issuer, and full literal URL	Exact provision or read bounds	Access, version, status, and limitations
S_KS-P14-S001	Kansas Revisor, K.S.A. 16-1615 — Time and place of sending and receipt https://www.kslegislature.gov/b2025_26/laws/016_000_0000_chapter/016_016_0000_article/016_016_0015_section/016_016_0015_k/	Complete subsections (a)–(g), including designated-or-used systems, retrieval, processability, sender control, receipt without awareness, acknowledgment, purported-but-not-actual sending or receipt, other-applicable-law qualification, and nonvariation limit. HTML lines 57–60; no printed page or PDF index.	Fresh read October 26, 2026 Pacific/UTC. Official page labeled 2026 Kansas Statutes. Website update metadata is not an enactment date. No complete UETA history audit. Kansas Legislature
S_KS-P14-S002	Kansas Revisor, K.S.A. 16-1605 — Use of electronic records and signatures https://www.kslegislature.gov/b2025_26/laws/016_000_0000_chapter/016_016_0000_article/016_016_0005_section/016_016_0005_k/	Complete materially relevant subsections (a)–(e): no compelled electronic use, party agreement, context and conduct, right to refuse other electronic transactions, variation by agreement, and other-applicable-law qualification. HTML lines 57–60; no printed page or PDF index.	Fresh read October 26, 2026 Pacific/UTC. Current official HTML. State-agency digital-signature subsections were read but are not material to this correction. Kansas Legislature
S_KS-P14-S003	Kansas Revisor, K.S.A. 16-1608 — Provision of information in writing; presentation of records https://www.kslegislature.gov/b2025_26/laws/016_000_0000_chapter/016_016_0000_article/016_016_0008_section/016_016_0008_k/	Complete subsections (a)–(d), including retainability, printing/storage inhibition, required method and format, unenforceability against recipient, and nonvariation limits. HTML lines 57–58; no printed page or PDF index.	Fresh read October 26, 2026 Pacific/UTC. Current official HTML. Its relevance is limited: it does not on its face supply an inbound rescission-channel usability or deemed-receipt rule. Kansas Legislature
S_KS-P14-S004	Kansas Revisor, K.S.A. 50-1120 and 50-1122 https://www.kslegislature.gov/b2025_26/laws/050_000_0000_chapter/050_011_0000_article/050_011_0020_section/050_011_0020_k/ https://www.kslegislature.gov/b2025_26/laws/050_000_0000_chapter/050_011_0000_article/050_011_0022_section/050_011_0022_k/	K.S.A. 50-1120(c)(4): ongoing rescission right through written notice to licensee. K.S.A. 50-1122(c): return of funds then held within ten calendar days from receipt of rescission. HTML lines 59–60 and 57–58 respectively; no printed page or PDF index.	Fresh narrow read October 26, 2026 Pacific/UTC. Current official HTML. No agreement, platform, notice, receipt, fund, or calendar facts supplied. Kansas Legislature+1
S_KS-P14-S005	Kansas Judicial Branch, Cases & Decisions and Search Kansas decisions https://kscourts.gov/Cases-Decisions https://searchdro.kscourts.gov/	Bounded searches for 16-1615, K.S.A. 16-1615, electronic record is received, purportedly sent, electronic rescission, designated-system receipt, and unusable or contradictory electronic notice routes. No responsive published Kansas opinion applying the section to KCSOA rescission was located.	Fresh bounded search October 26, 2026 Pacific/UTC. Search route only, not substantive authority. No complete citator, trial-court docket, unpublished-order archive, private case, or subscription database search. The result must not be stated as universal absence. Kansas Courts+1

5. Preserved findings and remaining hold

The following PASS-05 findings remain unchanged:

Education must be provided before covered services; no consumer examination-completion requirement is added.
The written agreement, both parties’ signatures and dates, 12-point type, signed consumer copy, pre-service conditions, and all twelve mandatory clauses remain preserved.
The rescission right remains ongoing and requires written notice.
The ten-calendar-day funds-return obligation remains measured from receipt of rescission and concerns funds then held.
No mail-service addition, court-filing rule, fee earning, blanket refund, or deemed-receipt rule is added.
PASS-05’s E-SIGN and 15 U.S.C. §7002 qualifications remain unchanged.
All ten PASS-05 examples remain preserved, subject only to the E06 qualification stated above.
The noncustodial clauses (c)(5), (c)(6), and (c)(11), current NMLS checklist, actual entity, contract, consent, platform, state, local, tribal, country, and sector facts remain held.

Remaining application gap: The reviewed statutes define default electronic sending and receipt, but they do not resolve the legal effect of an allegedly inaccessible, contradictory, disabled, misleading, or intentionally obstructive notice channel on unsupplied facts. K.S.A. 16-1615(g) directs that question to other applicable law; PASS-14 does not identify a controlling current Kansas published decision supplying that application.

END S_KS PASS-14.

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Captured table 01

Affected PASS-05 cell · Exact correction · 5 data rows

Affected PASS-05 cell	Exact correction
A4.2 — delete this sentence	“A provider also cannot manufacture nonreceipt by using a notice system that the consumer cannot reasonably use or by contradicting the agreement’s designated route.”
A4.2 — replacement text	“Whether an electronic rescission notice was sent and received depends on the parties’ actual agreement and the actual transmission facts. Kansas UETA applies only where each party agreed to conduct the relevant transaction electronically. Unless the sender and recipient agreed otherwise, K.S.A. 16-1615 treats an electronic record as sent only when it is properly directed to an information-processing system that the recipient designated or uses for records of that type, the recipient can retrieve it, it is processable by that system, and it leaves the sender’s control or enters the recipient-controlled portion of the system. It is received only when it enters such a designated or used, retrievable system in processable form. Individual awareness of receipt is unnecessary.” Kansas Legislature +1 “If a person knows that a record purportedly sent or received was not actually sent or received, K.S.A. 16-1615(g) does not deem the record sent or received. It leaves the legal effect to other applicable law and provides that subsection (g)’s rule cannot be varied by agreement except to the extent that other law permits. The reviewed provisions do not themselves establish a general notice-system ‘reasonable usability’ standard, invalidate a conflicting notice clause, deem an unsuccessfully transmitted notice received, or create automatic rescission or provider liability.” Kansas Legislature
Reason K.S.A. 16-1608 does not preserve the deleted sentence	K.S.A. 16-1608 protects the recipient’s ability to retain information that a sender is legally required to provide, send, or deliver electronically. It makes an electronic record unenforceable against the recipient if the sender or its system inhibits printing or storage. On its face, it does not establish that a consumer’s attempted rescission is deemed received because a provider’s inbound notice route was inaccessible, inconvenient, contradictory, or difficult to use. Its anti-inhibition provision therefore does not supply the broader deleted assertion. Kansas Legislature
KCSOA application preserved	K.S.A. 50-1120(c)(4) still requires the agreement to disclose that the consumer may rescind at any time by giving the licensee written notice of rescission. K.S.A. 50-1122(c)’s ten-calendar-day return period still runs from the licensee’s receipt of rescission. PASS-14 changes neither rule; it clarifies that the electronic-receipt predicate must be proved rather than presumed. Kansas Legislature +1
PASS-05 Example E06 qualification	E06 remains unchanged on its express hypothetical assumptions: the parties agreed to transact electronically, the agreement designated the email address for written notices, the message entered that designated system, the system could process it, and the licensee could retrieve it. Add: “E06 does not establish that a notice sent through a different, inaccessible, disabled, contradictory, or unsuccessfully reached channel is deemed received. The result in such a branch depends on the parties’ agreement, actual system and transmission evidence, K.S.A. 16-1615(g), and other applicable law.”

Source links captured in this table

Captured table 02

PASS-14 claim ID · Prior alias · Precise corrected assertion · 4 data rows

PASS-14 claim ID	Prior alias	Precise corrected assertion	Source and pinpoint	Conditions, consequence, and confidence
S_KS-P14-C001	Replaces the overbroad portion of S_KS-P05-C043	Where Kansas UETA applies and the parties have not agreed otherwise, an electronic rescission notice is sent and received only under K.S.A. 16-1615’s system-direction, processability, control, entry, retrieval, and designated-or-used-system predicates. Receipt can occur without an individual’s actual awareness.	S_KS-P14-S001, K.S.A. 16-1615(a)–(e); S_KS-P14-S002, K.S.A. 16-1605(a)–(e). Kansas Legislature +1	High for the default statutory rules. Actual electronic-transaction assent, agreed variation, system designation or use, processability, retrieval, entry, and control remain factual.
S_KS-P14-C002	New qualification to S_KS-P05-C043	When a person knows that a record purportedly sent or received under K.S.A. 16-1615 was not actually sent or received, subsection (g) leaves the legal effect to other applicable law. It does not itself deem receipt, cancellation, breach, waiver, estoppel, or liability. Subsection (g)’s rule may not be varied by agreement except as that other law permits.	S_KS-P14-S001, K.S.A. 16-1615(g). Kansas Legislature	High for the text; application held. No “other applicable law” was established on unsupplied facts. Knowledge of nonreceipt is not the same as statutory receipt.
S_KS-P14-C003	Narrows A4.2’s former application claim	The Kansas provisions reviewed do not independently establish that a provider “manufactures nonreceipt” merely by offering an inconvenient, contradictory, inaccessible, or poorly designed electronic notice route. Nor do they establish that such a notice is ineffective or that provider evasion is permissible. The legal effect remains dependent on actual agreement language, transmission facts, and independently applicable law.	S_KS-P14-S001–S004. Kansas Legislature +4	High as a bounded evidence-scope correction. A controlling Kansas KCSOA/UETA application decision was not located in the bounded searches described below.
S_KS-P14-C004	Preserves S_KS-P05-C015, C031, and related coverage	The substantive rescission right remains ongoing and requires written notice to the licensee; funds then held for the consumer remain subject to the separate ten-calendar-day return rule measured from receipt of rescission. PASS-14 adds no deemed-receipt rule and changes no calendar computation.	S_KS-P14-S004, K.S.A. 50-1120(c)(4) and 50-1122(c). Kansas Legislature +1	High. Actual receipt, amount then held, and calendar facts remain unsupplied.

Source links captured in this table

Captured table 03

PASS-05 coverage item · Corrected status · Supporting claims · 1 data rows

PASS-05 coverage item	Corrected status	Supporting claims	Exact remaining evidence and next action
Electronic rescission notice and receipt	Partial — statutory default clarified; application unresolved	S_KS-P14-C001–C004; prior P5 electronic-writing claims otherwise preserved	Establish: (1) whether both parties agreed to conduct the relevant transaction electronically; (2) the complete agreement and any designated notice route; (3) whether the parties validly varied K.S.A. 16-1615’s default rules; (4) the address, portal, or system actually used; (5) whether it was a system the licensee designated or used for that type of record; (6) processability and retrievability; (7) actual entry and whether the record left the sender’s control; (8) acknowledgments, bounce notices, disabled accounts, portal logs, or contradictory instructions; (9) whether anyone knew the record was not actually sent or received; and (10) what independently applicable law supplies the legal effect. No current published Kansas opinion was located in the bounded search that applies K.S.A. 16-1615 to a KCSOA rescission or establishes a general unusable-notice-system or anti-evasion rule. That search result is not proof that no unpublished, trial-level, private, or later authority exists.

Captured table 04

Source ID · Title, issuer, and full literal URL · Exact provision or read bounds · 5 data rows

Source ID	Title, issuer, and full literal URL	Exact provision or read bounds	Access, version, status, and limitations
S_KS-P14-S001	Kansas Revisor, K.S.A. 16-1615 — Time and place of sending and receipt https://www.kslegislature.gov/b2025_26/laws/016_000_0000_chapter/016_016_0000_article/016_016_0015_section/016_016_0015_k/	Complete subsections (a)–(g), including designated-or-used systems, retrieval, processability, sender control, receipt without awareness, acknowledgment, purported-but-not-actual sending or receipt, other-applicable-law qualification, and nonvariation limit. HTML lines 57–60; no printed page or PDF index.	Fresh read October 26, 2026 Pacific/UTC. Official page labeled 2026 Kansas Statutes. Website update metadata is not an enactment date. No complete UETA history audit. Kansas Legislature
S_KS-P14-S002	Kansas Revisor, K.S.A. 16-1605 — Use of electronic records and signatures https://www.kslegislature.gov/b2025_26/laws/016_000_0000_chapter/016_016_0000_article/016_016_0005_section/016_016_0005_k/	Complete materially relevant subsections (a)–(e): no compelled electronic use, party agreement, context and conduct, right to refuse other electronic transactions, variation by agreement, and other-applicable-law qualification. HTML lines 57–60; no printed page or PDF index.	Fresh read October 26, 2026 Pacific/UTC. Current official HTML. State-agency digital-signature subsections were read but are not material to this correction. Kansas Legislature
S_KS-P14-S003	Kansas Revisor, K.S.A. 16-1608 — Provision of information in writing; presentation of records https://www.kslegislature.gov/b2025_26/laws/016_000_0000_chapter/016_016_0000_article/016_016_0008_section/016_016_0008_k/	Complete subsections (a)–(d), including retainability, printing/storage inhibition, required method and format, unenforceability against recipient, and nonvariation limits. HTML lines 57–58; no printed page or PDF index.	Fresh read October 26, 2026 Pacific/UTC. Current official HTML. Its relevance is limited: it does not on its face supply an inbound rescission-channel usability or deemed-receipt rule. Kansas Legislature
S_KS-P14-S004	Kansas Revisor, K.S.A. 50-1120 and 50-1122 https://www.kslegislature.gov/b2025_26/laws/050_000_0000_chapter/050_011_0000_article/050_011_0020_section/050_011_0020_k/ https://www.kslegislature.gov/b2025_26/laws/050_000_0000_chapter/050_011_0000_article/050_011_0022_section/050_011_0022_k/	K.S.A. 50-1120(c)(4): ongoing rescission right through written notice to licensee. K.S.A. 50-1122(c): return of funds then held within ten calendar days from receipt of rescission. HTML lines 59–60 and 57–58 respectively; no printed page or PDF index.	Fresh narrow read October 26, 2026 Pacific/UTC. Current official HTML. No agreement, platform, notice, receipt, fund, or calendar facts supplied. Kansas Legislature +1
S_KS-P14-S005	Kansas Judicial Branch, Cases & Decisions and Search Kansas decisions https://kscourts.gov/Cases-Decisions https://searchdro.kscourts.gov/	Bounded searches for 16-1615, K.S.A. 16-1615, electronic record is received, purportedly sent, electronic rescission, designated-system receipt, and unusable or contradictory electronic notice routes. No responsive published Kansas opinion applying the section to KCSOA rescission was located.	Fresh bounded search October 26, 2026 Pacific/UTC. Search route only, not substantive authority. No complete citator, trial-court docket, unpublished-order archive, private case, or subscription database search. The result must not be stated as universal absence. Kansas Courts +1

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S_KS-P14-C001 Saved research record

Replaces the overbroad portion of S_KS-P05-C043

Recorded check status: targeted checked with explicit application hold

PASS-14 claim ID: S_KS-P14-C001
Precise corrected assertion: Where Kansas UETA applies and the parties have not agreed otherwise, an electronic rescission notice is sent and received only under K.S.A. 16-1615’s system-direction, processability, control, entry, retrieval, and designated-or-used-system predicates. Receipt can occur without an individual’s actual awareness.
Source and pinpoint: S_KS-P14-S001, K.S.A. 16-1615(a)–(e); S_KS-P14-S002, K.S.A. 16-1605(a)–(e). Kansas Legislature +1
Conditions, consequence, and confidence: High for the default statutory rules. Actual electronic-transaction assent, agreed variation, system designation or use, processability, retrieval, entry, and control remain factual.

S_KS-P14-C002 Saved research record

When a person knows that a record purportedly sent or received under K.S.A. 16-1615 was not actually sent or received, subsection (g) leaves the legal effect to other applicable law. It does not itself deem receipt, cancellation, breach, waiver, estoppel, or liability. Subsection (g)’s rule may not be varied by agreement except as that other law permits.

Recorded check status: targeted checked with explicit application hold

PASS-14 claim ID: S_KS-P14-C002
Prior alias: New qualification to S_KS-P05-C043
Source and pinpoint: S_KS-P14-S001, K.S.A. 16-1615(g). Kansas Legislature
Conditions, consequence, and confidence: High for the text; application held. No “other applicable law” was established on unsupplied facts. Knowledge of nonreceipt is not the same as statutory receipt.

S_KS-P14-C003 Saved research record

Narrows A4.2’s former application claim

Recorded check status: targeted checked with explicit application hold

PASS-14 claim ID: S_KS-P14-C003
Precise corrected assertion: The Kansas provisions reviewed do not independently establish that a provider “manufactures nonreceipt” merely by offering an inconvenient, contradictory, inaccessible, or poorly designed electronic notice route. Nor do they establish that such a notice is ineffective or that provider evasion is permissible. The legal effect remains dependent on actual agreement language, transmission facts, and independently applicable law.
Source and pinpoint: S_KS-P14-S001–S004. Kansas Legislature +4
Conditions, consequence, and confidence: High as a bounded evidence-scope correction. A controlling Kansas KCSOA/UETA application decision was not located in the bounded searches described below.

S_KS-P14-C004 Saved research record

Preserves S_KS-P05-C015, C031, and related coverage

Recorded check status: targeted checked with explicit application hold

PASS-14 claim ID: S_KS-P14-C004
Precise corrected assertion: The substantive rescission right remains ongoing and requires written notice to the licensee; funds then held for the consumer remain subject to the separate ten-calendar-day return rule measured from receipt of rescission. PASS-14 adds no deemed-receipt rule and changes no calendar computation.
Source and pinpoint: S_KS-P14-S004, K.S.A. 50-1120(c)(4) and 50-1122(c). Kansas Legislature +1
Conditions, consequence, and confidence: High. Actual receipt, amount then held, and calendar facts remain unsupplied.

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S_KS-P14-S001 Saved research record