§ 7-3-32. Locations; Written Approval; Approval Process; Exemption
A licensee shall not engage in the business of installment lending at a location in this state unless the licensee has first received written approval from the department. Applications or renewals for such additional locations shall be made in writing on a form prescribed by the department and accompanied by a nonrefundable fee in an […]
§ 7-3-33. Unreasonable Collection Tactics
No licensee or employee or agent thereof shall willfully use any unreasonable collection tactics. Unreasonable collection tactics shall include, but not be limited to, any conduct by the licensee or any employee or agent thereof which: Causes the borrower or any member of his or her family to suffer bodily injury or physical harm; Constitutes […]
§ 7-3-40. Investigations and Examinations; Payment of Fees; Cooperation by Licensee
The department is authorized to investigate and examine the affairs, businesses, premises, and records of any applicant, licensee, or any other installment lender as often as it deems necessary to carry out the purposes of this chapter, regardless of whether such applicant, licensee, or other installment lender acts or claims to act under any other […]
§ 7-3-41. Subpoena Powers and Procedures
A subpoena issued pursuant to Code Section 7-3-40 may be served by: Registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee’s business or personal mailing address; Examiners appointed by the department; or The sheriff of the county where such witness resides or is found or where the person in custody […]
§ 7-3-42. Impact of Felony Convictions of Licensee; Criminal Background Checks
The department shall not issue a license and may revoke a license if it finds that the applicant or licensee or any director, trustee, agent, owner, executive officer, or covered employee of the applicant or licensee has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, […]
§ 7-3-43. Suspension or Revocation of Licenses
The department may suspend or revoke a license if it finds that any ground exists which would require or warrant the denial of an application for the issuance or renewal of a license. The department may deny an application or suspend or revoke a license upon a finding that an applicant or a licensee has: […]
§ 7-3-44. Obligation to Provide Notice; Hearings; Compliance
Notice of the department’s intention to enter an order denying an application or suspending or revoking a license shall be sent to the applicant or licensee in writing by registered or certified mail or statutory overnight delivery addressed to the principal business address of such applicant or licensee. If a person refuses to accept service […]
§ 7-3-45. Cease and Desist Orders; Hearings; Reviews
The department may issue an order requiring a person to cease and desist immediately from unauthorized activities whenever it shall appear to the department that: Except as provided in paragraphs (2) and (3) of this subsection, a person has violated any law of this state or any rule, regulation, or order of the department. This […]
§ 7-3-46. Petitioning for State Court Jurisdiction; Civil Penalty; Other Penalties
Whenever a person fails to comply with the terms of a final order or decision of the department issued pursuant to this chapter, the department may, through the Attorney General, petition any superior court of this state having jurisdiction over one or more defendants for an order directing such person to obey the order of […]
§ 7-3-47. Confidentiality; Disclosure Limitations
Except as provided in this Code section, information obtained by the department pursuant to this chapter, which shall include any information disclosed through the Nationwide Multistate Licensing System and Registry, is confidential as provided in Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is […]