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Section 5-19-30 – Penalty for Violations.

Section 5-19-30 Penalty for violations. A creditor who willfully makes charges in excess of those permitted by Section 5-19-3 or a creditor who willfully engages in the business of making loans in violation of subsection (a) of Section 5-19-22, or both, is guilty of a misdemeanor and, upon conviction, shall be sentenced to pay a […]

Section 5-19-32 – Service Contracts.

Section 5-19-32 Service contracts. Any creditor who extends credit with respect to a consumer credit sale, may sell or finance, or both, a service contract covering tangible goods which are the subject of the consumer credit sale. Any other person who was not the creditor with regard to the initial sale of the tangible goods […]

Section 5-19-33 – Account Maintenance Fee.

Section 5-19-33 Account maintenance fee. (a) In addition to other lawful charges permitted under various state or federal laws, except under open-end credit plans, a creditor may, if provided in the contract, charge an account maintenance fee of not more than three dollars ($3) for each month of the scheduled period of repayment of the […]

Section 5-19-5 – Acceptance of Negotiable Instruments as Evidence of Consumer Debt.

Section 5-19-5 Acceptance of negotiable instruments as evidence of consumer debt. In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the […]

Section 5-19-6 – Copies of Instruments Signed by Debtors to Be Furnished to Debtors; Required Statement in Contracts, etc.; Limitation on Disclosure Requirements; Intent, Applicability of Limitation.

Section 5-19-6 Copies of instruments signed by debtors to be furnished to debtors; required statement in contracts, etc.; limitation on disclosure requirements; intent, applicability of limitation. (a) Any creditor, when extending credit with respect to a consumer credit transaction, other than under an open-end credit plan, shall at that time furnish to the debtor a […]

Section 5-19-7 – Right to Refinance Amount of Certain Scheduled Payments.

Section 5-19-7 Right to refinance amount of certain scheduled payments. With respect to a consumer credit transaction, if any scheduled payment is more than one and one-half times as large as the average of earlier scheduled payments, the debtor has the right to refinance the amount of that payment at the time it is due […]

Section 5-19-8 – Assignee of Seller Subject to Claims and Defenses of Buyer.

Section 5-19-8 Assignee of seller subject to claims and defenses of buyer. With respect to a consumer credit sale, an assignee of the rights of the seller is subject to all claims and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee’s liability […]