44-1701. Definitions In this article, unless the context otherwise requires: 1. " Buyer" means any natural person who is solicited to purchase or who purchases the services of a credit services organization. 2. " Credit services organization" means a person who, with respect to the extension of credit by others, sells, provides, performs or represents […]
44-1702. Exemptions This article does not apply to: 1. A person who is organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States and who is subject to regulation and supervision by an official or agency of this […]
44-1703. Credit services organizations; prohibited activities A credit services organization and its salespersons, agents and representatives who sell or attempt to sell the services of a credit services organization shall not do any of the following: 1. Charge or receive monies or other valuable consideration before full and complete performance of the services the credit […]
44-1704. Information statement; necessity and time of delivery to buyer; acknowledgment of delivery; retention on file Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of monies or other valuable consideration, whichever occurs first, the credit services organization shall […]
44-1705. Information statement; contents The information statement shall include all of the following: 1. A complete and accurate statement of the buyer’s right to review any file on the buyer maintained by a consumer credit reporting agency and the right of the buyer to receive a copy of that file, as provided by section 44-1693. […]
44-1706. Contracts; requirements; contents A. Every contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, be dated, be signed by the buyer and include all of the following: 1. A conspicuous statement in size equal to at least ten point […]
44-1707. Credit service organization’s breach of contract or obligation; violation of article The credit services organization’s breach of a contract under this article or of any obligation arising from the contract constitutes a violation of this article.
44-1708. Surety bond; procedures to obtain or establish; claim by action at law; limit of liability A. If a credit services organization is required to obtain a surety bond pursuant to section 44-1703, the following procedures apply: 1. A copy of the bond shall be filed with the corporation commission. 2. The bond required shall […]
44-1709. Waiver of rights by buyer; prohibition; burden of proof on exemption or exception from article A. A waiver by a buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable. An attempt by a credit services organization to have a buyer waive rights given by this […]
44-1710. Violation; classification; enforcement A. A person who violates section 44-1703, 44-1704, 44-1705, 44-1706 or section 44-1709, subsection A, is guilty of a class 1 misdemeanor. B. The superior court has jurisdiction to restrain and enjoin any violation of this article. C. The duty to institute actions for violations of this article, including proceedings to […]
44-1711. Action for recovery of damages by buyer A buyer injured by a violation of this article or by the credit services organization’s breach of a contract subject to this article may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid […]
44-1712. Application of other laws; remedies as additional A. The provisions of this article are not exclusive and do not relieve the parties or the contracts subject to this article from compliance with any other applicable provision of law. B. The remedies provided in this article for a violation of this article are in addition […]
