Section 28-45-201 – EFFECT OF VIOLATIONS ON RIGHTS OF PARTIES.
28-45-201. EFFECT OF VIOLATIONS ON RIGHTS OF PARTIES. (1) If a creditor has violated any provision of this act applying to collection of an excess charge or amount or enforcement of rights, subsection (4) of section 28-41-201, Idaho Code, authority to make regulated consumer loans, section 28-46-301, Idaho Code, restrictions on interests in land as […]
Section 28-45-202 – DAMAGES OR PENALTIES AS SETOFF TO OBLIGATION.
28-45-202. DAMAGES OR PENALTIES AS SETOFF TO OBLIGATION. Damages or penalties to which a debtor is entitled pursuant to this part may be set off against the debtor’s obligation, and may be raised as a defense to an action on the obligation without regard to the time limitations prescribed by this part. History: [28-45-202, added […]
Section 28-45-203 – CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS.
28-45-203. CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS. (1) Except as otherwise provided in this section, a creditor who, in violation of the provisions of the Federal Consumer Credit Protection Act other than the provisions concerning advertising of credit terms, fails to disclose information to a person entitled to the information under this act is […]
Section 28-45-301 – LIMITATION ON DEFAULT CHARGES.
28-45-301. LIMITATION ON DEFAULT CHARGES. Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a regulated consumer credit transaction may not provide for any charges as a result of default by the debtor except those authorized by this act. A provision in violation of this section is unenforceable. […]
Section 28-45-302 – ASSIGNEE SUBJECT TO CLAIMS AND DEFENSES.
28-45-302. ASSIGNEE SUBJECT TO CLAIMS AND DEFENSES. (1) With respect to a regulated consumer credit sale, an assignee of the rights of the seller is subject to all claims and defenses of the debtor against the seller arising from the sale of property or services, notwithstanding that: (a) There is an agreement to the contrary; […]
Section 28-45-401 – WILLFUL AND KNOWING VIOLATIONS.
28-45-401. WILLFUL AND KNOWING VIOLATIONS. (1) A regulated lender who willfully and knowingly makes charges in excess of those permitted by the chapter on finance charges and related provisions, chapter 42, title 28, Idaho Code, applying to regulated consumer loans is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine […]
Section 28-45-402 – DISCLOSURE VIOLATIONS.
28-45-402. DISCLOSURE VIOLATIONS. (1) A person is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding five thousand dollars ($5,000), or to imprisonment not exceeding one (1) year, or both, if he willfully and knowingly: (a) Gives false or inaccurate information or fails to provide information which he […]
Section 28-45-101 – SHORT TITLE.
28-45-101. SHORT TITLE. This chapter shall be known and may be cited as Idaho Credit Code — Remedies and Penalties. History: [28-45-101, added 1983, ch. 119, sec. 3, p. 294.]
Section 28-45-102 – SCOPE.
28-45-102. SCOPE. This part applies to actions or other proceedings to enforce rights arising from regulated consumer credit transactions, to extortionate extensions of credit, section 28-45-109, Idaho Code, and to unconscionability, section 28-45-106, Idaho Code. History: [28-45-102, added 1983, ch. 119, sec. 3, p. 294.]
Section 28-45-103 – RESTRICTIONS ON DEFICIENCY JUDGMENTS.
28-45-103. RESTRICTIONS ON DEFICIENCY JUDGMENTS. (1) This section applies to a regulated consumer credit sale of goods or services. (2) If the seller repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest and the cash price of the goods repossessed or surrendered […]