Section 28-49-105 – OVERRIDE OF FEDERAL PREEMPTION.
28-49-105. OVERRIDE OF FEDERAL PREEMPTION. The legislature of the state of Idaho hereby declares and states that it does not want any of the provisions of Title V, Part A – Mortgage Usury Laws, Mortgages, Section 501(a)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980 (Public Law 96-221; 94 Stat. 132), to […]
Section 28-49-107 – CHAPTER 22, TITLE 26, UNAFFECTED.
28-49-107. CHAPTER 22, TITLE 26, UNAFFECTED. No provision of this act shall be construed to amend or repeal any of the provisions of chapter 22, title 26, Idaho Code, as the same is now enacted or as it may be hereafter amended, reenacted or substituted. History: [28-49-107, added 1983, ch. 119, sec. 3, p. 312.]
Section 28-46-412 – PAYDAY LOAN PROCEDURES.
28-46-412. PAYDAY LOAN PROCEDURES. (1) Each payday loan must be documented in a written agreement signed by the borrower. The loan agreement must include the name of the licensee, the loan date, the principal amount of the loan, and a statement of the total amount of fees charged as a condition of making the loan, […]
Section 28-50-101 – SHORT TITLE.
28-50-101. SHORT TITLE. This act may be cited as the "Uniform Electronic Transactions Act." History: [28-50-101, added 2000, ch. 286, sec. 1, p. 960.]
Section 28-46-413 – PAYDAY LOAN BUSINESS PRACTICES.
28-46-413. PAYDAY LOAN BUSINESS PRACTICES. (1) No licensee or person related to a licensee by common control may have outstanding at any time to a single borrower a loan or loans with an aggregate principal balance exceeding one thousand dollars ($1,000), plus allowable fees. (2) A payday lender shall not make a payday loan that […]
Section 28-50-102 – DEFINITIONS.
28-50-102. DEFINITIONS. In this chapter: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (2) "Automated transaction" means a transaction conducted or performed, in whole […]
Section 28-46-414 – EXTENDED PAYMENT PLANS.
28-46-414. EXTENDED PAYMENT PLANS. A payday lender shall allow the borrower, upon request, to enter into an extended payment plan that meets the requirements of this section once during any consecutive twelve (12) month period, subject to the following provisions: (1) A payday lender is not required to enter into an extended payment plan with […]
Section 28-50-103 – SCOPE.
28-50-103. SCOPE. (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils or testamentary […]
Section 28-46-415 – DISCLOSURES.
28-46-415. DISCLOSURES. Before disbursing funds pursuant to a payday loan, a payday lender shall provide written notice in not less than twelve (12) point bold type and in all capitalized letters to the borrower stating the following: "1. Payday loans are intended to address short-term, not long-term, financial needs. 2. You will be required to […]
Section 28-50-104 – PROSPECTIVE APPLICATION.
28-50-104. PROSPECTIVE APPLICATION. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the initial effective date of this chapter. History: [28-50-104, added 2000, ch. 286, sec. 1, p. 962.]