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. […]
Section 28-41-201 – TERRITORIAL APPLICATION.
28-41-201. TERRITORIAL APPLICATION. (1) Except as otherwise provided in this section, this act applies to sales and loans made in this state and to modifications, including refinancings, consolidations, and deferrals made in this state, of sales and loans, wherever made. For purposes of this act, a sale, loan or modification of a sale or loan […]
Section 28-41-202 – EXCLUSIONS.
28-41-202. EXCLUSIONS. This act does not apply to: (1) Extensions of credit to government or governmental agencies or instrumentalities; (2) The sale of insurance by an insurer, except as otherwise provided in the chapter on insurance, chapter 44, title 28, Idaho Code; (3) Transactions under public utility or common carrier tariffs if a subdivision or […]
Section 28-41-203 – JURISDICTION.
28-41-203. JURISDICTION. The courts of this state may exercise jurisdiction over any creditor with respect to any conduct of the creditor subject to this act or with respect to any claim arising from a transaction subject to this act. History: [28-41-203, added 1983, ch. 119, sec. 3, p. 268.]
Section 28-41-204 – APPLICABILITY.
28-41-204. APPLICABILITY. This act shall apply only to credit transactions for a consumer purpose, except for the following parts, chapters and sections, which shall apply to credit transactions for any and all purposes: (1) Part 1, chapter 41, title 28, Idaho Code; (2) Section 28-41-202, Idaho Code; (3) Section 28-41-203, Idaho Code; (4) Section 28-41-204, […]
Section 28-41-301 – GENERAL DEFINITIONS.
28-41-301. GENERAL DEFINITIONS. (1) "Actuarial method" means the method, defined by rules adopted by the administrator, of allocating payments made on a debt between principal or amount financed and loan finance charge or credit service charge pursuant to which a payment is applied first to the accumulated loan finance charge or credit service charge and […]
Section 28-41-302 – FEDERAL CONSUMER CREDIT PROTECTION ACT — DEFINED.
28-41-302. FEDERAL CONSUMER CREDIT PROTECTION ACT — DEFINED. In this act "Federal Consumer Credit Protection Act" means the consumer credit protection act, Public Law 90-321; 82 Stat. 146, as amended, to and including January 1, 2005, or a subsequent date if so defined by administrative rule, and includes regulations issued pursuant to that act, as […]