Section 105 – Judicial review.
70C-8-105. Judicial review. (1) Any party aggrieved by any rule, order, temporary order, decision, ruling, or other act or failure to act by the department under this title is entitled to judicial review. Within 30 days after receiving notice of a rule, order, temporary order, decision, or other ruling, or within 120 days after the […]
Section 106 – Debtor’s remedies not affected.
70C-8-106. Debtor’s remedies not affected. The grant of powers to the department in this chapter does not affect any remedies available to debtors under this title or under other principles of law or equity. Enacted by Chapter 159, 1985 General Session
Section 107 – Temporary or injunctive relief against unconscionable and fraudulent conduct.
70C-8-107. Temporary or injunctive relief against unconscionable and fraudulent conduct. (1) The department may bring a civil action to enjoin a person subject to this title from: (a) making or enforcing a term of consumer credit transactions that is unconscionable; (b) engaging in fraudulent conduct in inducing consumers to enter into a consumer credit transaction; […]
Section 202 – Notification.
70C-8-202. Notification. (1) (a) A party who is subject to this part shall file notification with the department at least 30 days before commencing business in this state. (b) After filing the notification required by Subsection (1)(a), a party shall file a notification on or before January 31 of each year. (c) A notification required […]
Section 203 – Fees — Examinations.
Effective 5/13/2014 70C-8-203. Fees — Examinations. (1) A party required to file notification under Section 70C-8-202 shall, on or before January 31 of each year, pay to the department an annual fee of $100. (2) In addition to filing notification, a party subject to this part, and a depository institution subject to this title: (a) […]
Section 203 – Refunds and penalties as setoff to obligation.
70C-7-203. Refunds and penalties as setoff to obligation. Refunds or penalties to which the debtor is entitled under this part may be set off against the debtor’s obligation and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this part. Enacted by Chapter 159, […]
Section 204 – Attorney’s fees.
70C-7-204. Attorney’s fees. In any case where it is found that a creditor has violated this title or its agreement with the debtor, the court may award reasonable attorney’s fees to the debtor. Enacted by Chapter 159, 1985 General Session
Section 205 – Statute of limitations.
70C-7-205. Statute of limitations. No action under this title may be brought more than one year after the date of the occurrence of the violation. This section does not bar a person from asserting a violation of this title in an action to collect the debt which is brought more than one year after the […]
Section 206 – Creditor’s defenses.
70C-7-206. Creditor’s defenses. (1) If a creditor establishes by a preponderance of evidence that a violation of this title is unintentional or the result of a bona fide error, no penalty as specified in Sections 70C-7-201 and 70C-7-204 may be imposed and the validity of the transaction is not affected. (2) A creditor or assignee […]
Section 101 – Administration of title.
70C-8-101. Administration of title. (1) As used in this chapter, “department” means the Department of Financial Institutions. (2) This title shall be administered by the department. Enacted by Chapter 159, 1985 General Session