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 28-46-113 – CIVIL ACTIONS BY ADMINISTRATOR.
28-46-113. CIVIL ACTIONS BY ADMINISTRATOR. (1) After demand, the administrator may bring a civil action against a creditor to recover actual damages sustained and excess charges paid by one (1) or more debtors who have a right to recover explicitly granted by this act. In a civil action under this subsection, penalties may not be […]
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 28-46-101 – SHORT TITLE.
28-46-101. SHORT TITLE. This chapter shall be known and may be cited as Idaho Credit Code – Administration. History: [28-46-101, added 1983, ch. 119, sec. 3, p. 300.]
Section 28-46-102 – APPLICABILITY.
28-46-102. APPLICABILITY. This part applies to persons who in this state: (1) Make or solicit regulated consumer credit transactions, as defined in section 28-41-301, Idaho Code; or (2) Directly collect payments from or enforce rights against debtors arising from regulated consumer credit transactions, as defined in section 28-41-301, Idaho Code, wherever they are made; or […]
Section 28-46-103 – ADMINISTRATOR.
28-46-103. ADMINISTRATOR. "Administrator" means the director of the department of finance of the state of Idaho. History: [28-46-103, added 1983, ch. 119, sec. 3, p. 300.]
Section 28-46-104 – POWERS OF ADMINISTRATOR — RELIANCE ON RULES — DUTY TO REPORT.
28-46-104. POWERS OF ADMINISTRATOR — RELIANCE ON RULES — DUTY TO REPORT. (1) In addition to other powers granted by this act, the administrator within the limitations provided by law may: (a) Receive and act on complaints, take action designed to obtain voluntary compliance with this act, or commence proceedings on his own initiative; (b) […]
Section 28-46-105 – ADMINISTRATIVE POWERS WITH RESPECT TO SUPERVISED FINANCIAL ORGANIZATIONS.
28-46-105. ADMINISTRATIVE POWERS WITH RESPECT TO SUPERVISED FINANCIAL ORGANIZATIONS. (1) With respect to supervised financial organizations, the powers of examination and investigation, sections 28-46-106 and 28-46-305, Idaho Code, and administrative enforcement, section 28-46-108, Idaho Code, shall be exercised by the official or agency to whose supervision the organization is subject. All other powers of the […]