Section 28-41-101 – SHORT TITLE.
28-41-101. SHORT TITLE. This act shall be known and may be cited as the "Idaho Credit Code." History: [28-41-101, added 1983, ch. 119, sec. 3, p. 265.]
Section 28-41-102 – PURPOSES — RULES OF CONSTRUCTION.
28-41-102. PURPOSES — RULES OF CONSTRUCTION. (1) This act shall be liberally construed and applied to promote its underlying purposes and policies. (2) The underlying purposes and policies of this act are: (a) To simplify, clarify and modernize the law governing installment sales, credit, loans and usury; (b) To further understanding of the terms of […]
Section 28-41-103 – SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE.
28-41-103. SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE. Unless displaced by the particular provisions of this act, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement the provisions of […]
Section 28-41-104 – CONSTRUCTION AGAINST IMPLICIT REPEAL.
28-41-104. CONSTRUCTION AGAINST IMPLICIT REPEAL. This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. History: [28-41-104, added 1983, ch. 119, sec. 3, p. 265.]
Section 28-41-105 – SEVERABILITY.
28-41-105. SEVERABILITY. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. History: […]
Section 28-41-106 – WAIVER — AGREEMENT TO FORGO RIGHTS — SETTLEMENT OF CLAIMS.
28-41-106. WAIVER — AGREEMENT TO FORGO RIGHTS — SETTLEMENT OF CLAIMS. (1) Except as otherwise provided in this act, a debtor may not waive or agree to forgo rights or benefits under this act. (2) A claim by a debtor against a creditor for an excess charge, other violation of this act, or civil penalty, […]
Section 28-41-107 – EFFECT OF ACT ON POWERS OF ORGANIZATIONS.
28-41-107. EFFECT OF ACT ON POWERS OF ORGANIZATIONS. (1) This act prescribes maximum charges for all creditors, except those excluded under section 28-41-202, Idaho Code, extending credit as a regular business, including regulated credit sales, as defined in section 28-41-301, Idaho Code, and regulated loans, as defined in section 28-41-301, Idaho Code, and displaces existing […]
Section 28-41-108 – TRANSACTIONS SUBJECT TO ACT BY AGREEMENT.
28-41-108. TRANSACTIONS SUBJECT TO ACT BY AGREEMENT. Parties to a credit transaction or modification thereof that is not a regulated consumer credit transaction, as defined in section 28-41-301, Idaho Code, may agree in a writing signed by them that the transaction is subject to the provisions of this act applying to regulated consumer credit transactions. […]