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
Section 102 – Powers of department — Conformity with federal law — Reliance on rules.
70C-8-102. Powers of department — Conformity with federal law — Reliance on rules. (1) In addition to other powers granted by this title, the department, within the limitations provided by law, may: (a) receive and act on complaints, take action designed to obtain voluntary compliance with this title, or commence administrative or judicial proceedings on […]
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 104 – No discharge from employment for garnishment.
70C-7-104. No discharge from employment for garnishment. No employer may discharge any employee because his earnings have been subject to garnishment in connection with any one judgment. Enacted by Chapter 159, 1985 General Session
Section 105 – Extortionate extensions of credit.
70C-7-105. Extortionate extensions of credit. If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property […]
Section 106 – Unconscionability.
70C-7-106. Unconscionability. (1) With respect to a consumer credit agreement, if the court finds the agreement or any part of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause if that […]
Section 107 – Notice of negative credit report required.
Effective 5/12/2020 70C-7-107. Notice of negative credit report required. (1) As used in this section: (a) “Creditor,” in addition to its definition under Section 70C-1-302, includes an agent of a creditor engaged in administering or collecting the creditor’s accounts. (b) “Credit reporting agency” means any credit bureau, consumer reporting agency, association of lending institutions, association […]
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, […]