Section 103 – Investigatory powers — Evidence.
70C-8-103. Investigatory powers — Evidence. (1) The department shall conduct studies and examinations of parties subject to this title it deems necessary and appropriate to monitor the kinds and amounts of credit that are being extended to consumers in this state to determine whether violations of this title and other applicable laws, rules, and regulations […]
Section 104 – Enforcement proceedings.
70C-8-104. Enforcement proceedings. (1) (a) The department may take an action described in Subsection (1)(b) if the department determines that any party engaging in activities subject to this title is violating or has violated or the department has reasonable cause to believe is about to violate: (i) any applicable provision of this title; (ii) any […]
Section 201 – Effect of violations by creditors — Penalties — Debtor’s rights.
70C-7-201. Effect of violations by creditors — Penalties — Debtor’s rights. (1) A debtor is not obligated to pay a charge in excess of that allowed by this title, and if he has paid an excess charge he has a right to a refund. A refund may be made in whole or in part by […]
Section 202 – Assignees of creditor.
70C-7-202. Assignees of creditor. Except as otherwise specifically provided in this title, or unless the assignment is involuntary, any civil action for violation of this title which may be brought against the original creditor in any consumer credit transaction may be maintained against any subsequent assignee of the original creditor where the violation from which […]
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 302 – Insurance on creditor’s interest only.
70C-6-302. Insurance on creditor’s interest only. If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not willfully caused by the debtor is on the debtor only to the extent of any deficiency in the effective coverage of the insurance, […]
Section 303 – Liability insurance.
70C-6-303. Liability insurance. A creditor may not contract for or receive a separate charge for insurance against liability arising out of the ownership or use of property related to the credit transaction, unless the insurance covers a significant risk of liability. Enacted by Chapter 159, 1985 General Session
Section 304 – Cancellation by creditor.
70C-6-304. Cancellation by creditor. A creditor may 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 101 – Restriction on deficiency judgments in consumer credit sales.
70C-7-101. Restriction on deficiency judgments in consumer credit sales. (1) If a seller repossesses or voluntarily accepts the surrender or return of goods that were the subject of a consumer credit sale and in which the seller has a security interest to secure a debt arising from the sale of goods or services or a […]
Section 102 – No garnishment before judgment.
70C-7-102. No garnishment before judgment. Prior to entry of judgment in an action against a debtor relating to a consumer credit agreement, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings. Enacted by Chapter 159, 1985 General Session