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 28-46-110 – INJUNCTIONS AGAINST VIOLATIONS OF ACT.
28-46-110. INJUNCTIONS AGAINST VIOLATIONS OF ACT. The administrator may bring a civil action to restrain any person from violating this act and for other appropriate relief including, but not limited to, the following: to prevent a person from using or employing practices prohibited by this act, to reform contracts to conform to this act and […]
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 28-46-111 – INJUNCTIONS AGAINST UNCONSCIONABLE AGREEMENTS AND FRAUDULENT OR UNCONSCIONABLE CONDUCT INCLUDING DEBT COLLECTION.
28-46-111. INJUNCTIONS AGAINST UNCONSCIONABLE AGREEMENTS AND FRAUDULENT OR UNCONSCIONABLE CONDUCT INCLUDING DEBT COLLECTION. (1) The administrator may bring a civil action to restrain a person to whom this part applies from engaging in a course of: (a) Making or enforcing unconscionable terms or provisions of regulated consumer credit transactions; (b) Fraudulent or unconscionable conduct in […]
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 28-46-112 – TEMPORARY RELIEF.
28-46-112. TEMPORARY RELIEF. With respect to an action brought to enjoin violations of the act, section 28-46-110, Idaho Code, or unconscionable agreements or fraudulent or unconscionable conduct, section 28-46-111, Idaho Code, the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after […]
Section 28-44-303 – LIABILITY INSURANCE.
28-44-303. LIABILITY INSURANCE. A creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability arising out of the ownership or use of property related to the credit transaction. History: [28-44-303, added 1983, ch. 119, sec. 3, p. 293.]
Section 28-44-304 – CANCELLATION BY CREDITOR.
28-44-304. CANCELLATION BY CREDITOR. A creditor shall not request cancellation of a policy of property or liability insurance except after the debtor’s default or in accordance with a written authorization by the debtor, and in either case the cancellation does not take effect until written notice is delivered to the debtor or mailed to him […]
Section 28-44-401 – CANCELLATION OF INSURANCE PURSUANT TO A PREMIUM FINANCE LOAN.
28-44-401. CANCELLATION OF INSURANCE PURSUANT TO A PREMIUM FINANCE LOAN. (1) With respect to a premium finance loan, the debtor may give the lender authority to cancel insurance contracts obtained for the debtor pursuant to the premium finance loan agreement. (2) A lender may not cancel unless he gives the debtor fifteen (15) days’ written […]
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.]