reglab/housing_qa huggingface dataset:
ID Code § 28-45-302 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 45 - REMEDIES AND PENALTIES|Part 3 - LIMITATIONS ON DEBTORS’ LIABILITIES|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; or (b) The assignee is a holder in due course of a negotiable instrument issued in violation of the provisions on prohibition of certain negotiable instruments, section 28-43-306, Idaho Code. (2) The assignee’s liability under subsection (1) of this section may not exceed the amount owing to the assignee with respect to the sale at the time the assignee has notice of a claim or defense of the buyer. If debts arising from two (2) or more regulated consumer credit sales, other than pursuant to an open-end credit account, are consolidated, payments received after the consolidation are deemed, for the purpose of determining the amount owing the assignee with respect to a sale, to have been first applied to the payment of debts arising from the sales first made; if the debts consolidated arose from sales made on the same day, payments are deemed to have been first applied to the smallest debt. Payments received upon an open-end consumer credit account are deemed, for the purpose of determining the amount owing the assignee with respect to a sale, to have been first applied to the payment of finance charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made. (3) An agreement may not provide for greater rights for an assignee than this section permits.  History: [28-45-302, added 1983, ch. 119, sec. 3, p. 299.]
ID Code § 28-45-401 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 45 - REMEDIES AND PENALTIES|Part 4 - CRIMINAL PENALTIES|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 not exceeding five hundred dollars ($500) or to imprisonment not exceeding one (1) year, or both. (2) A person who, in violation of the provisions of this act applying to authority to make regulated consumer loans, section 28-46-301, Idaho Code, willfully and knowingly engages in the business of making regulated consumer loans, or of taking assignments of and undertaking direct collection of payments from and enforcement of rights against debtors arising from regulated consumer loans, is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding five hundred dollars ($500), or to imprisonment not exceeding one (1) year, or both.  History: [28-45-401, added 1983, ch. 119, sec. 3, p. 299; am. 2006, ch. 122, sec. 3, p. 347.]
ID Code § 28-45-402 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 45 - REMEDIES AND PENALTIES|Part 4 - CRIMINAL PENALTIES|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 is required to disclose under the Federal Consumer Credit Protection Act; (b) Uses any rate table or chart, the use of which is authorized by the provisions of the Federal Consumer Credit Protection Act, in a manner which consistently understates the annual percentage rate determined according to those provisions; or (c) Otherwise fails to comply with any requirement of the provisions on disclosure of the Federal Consumer Credit Protection Act. (2) The criminal liability of a person under this section is in lieu of and not in addition to his criminal liability under the Federal Consumer Credit Protection Act; no prosecution of a person with respect to the same violation may be maintained pursuant to both this section and the Federal Consumer Credit Protection Act.  History: [28-45-402, added 1983, ch. 119, sec. 3, p. 300.]
ID Code § 28-46-101 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|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.]
ID Code § 28-46-102 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|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 (3) Are designated in this act as regulated lenders.  History: [28-46-102, added 1983, ch. 119, sec. 3, p. 300; am. 2013, ch. 54, sec. 13, p. 121.]
ID Code § 28-46-103 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|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.]
ID Code § 28-46-104 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|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) Counsel persons and groups on their rights and duties under this act; (c) Establish programs for the education of debtors with respect to credit practices and problems; (d) Make studies appropriate to effectuate the purposes and policies of this act and make the results available to the public; (e) Adopt, amend, and repeal rules to carry out the specific provisions of this act, but not with respect to unconscionable agreements or fraudulent or unconscionable conduct; and (f) Appoint any necessary attorneys, hearing examiners, clerks, and other employees and agents and fix their compensation, and authorize attorneys appointed under this section to appear for and represent the administrator in court. (2) In addition to other powers granted by this act, the administrator shall have the power to enforce the Federal Consumer Credit Protection Act, except to the extent otherwise provided by law. (3) Except for refund of an excess charge, no liability is imposed under this act for an act done or omitted in conformity with a rule, interpretation, or declaratory ruling of the administrator, notwithstanding that after the act or omission, the rule, interpretation, or ruling is amended or repealed or is determined by judicial or other authority to be invalid for any reason.  History: [28-46-104, added 1983, ch. 119, sec. 3, p. 300.]
ID Code § 28-46-105 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|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 administrator under this act may be exercised by him with respect to a supervised financial organization including nationally chartered financial organizations. (2) If the administrator receives a complaint or other information concerning noncompliance with this act by a supervised financial organization, he shall inform the official or agency having supervisory authority over the organization concerned. The administrator may request information about supervised financial organizations from the officials or agencies supervising them. (3) The administrator and any official or agency of this state having supervisory authority over a supervised financial organization are authorized and directed to consult and assist one another in maintaining compliance with this act. They may jointly pursue investigations, prosecute suits, and take other official action, as they deem appropriate, if either of them otherwise is empowered to take the action.  History: [28-46-105, added 1983, ch. 119, sec. 3, p. 301.]
ID Code § 28-46-106 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-106 - INVESTIGATORY POWERS.

28-46-106. INVESTIGATORY POWERS. (1) If the administrator has cause to believe that a person has engaged in conduct or committed an act that is subject to action by the administrator, he may make an investigation to determine whether the person has engaged in the conduct or committed the act. To the extent necessary for this purpose, he may administer oaths or affirmations, and, upon his own motion or upon request of any party, subpoena witnesses, compel their attendance, adduce evidence, and require the production of, or testimony as to, any matter relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. (2) If the person’s records are located outside this state, the person at his option shall make them available to the administrator at a convenient location within this state or pay the reasonable and necessary expenses for the administrator or his representative to examine them where they are located. The administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on his behalf. (3) Upon application by the administrator showing failure without lawful excuse to obey a subpoena or to give testimony, and upon reasonable notice to all persons affected thereby, the court shall grant an order compelling compliance. (4) The name or identity of a person whose acts or conduct the administrator investigates pursuant to this section or the facts disclosed in the investigation shall be subject to disclosure according to chapter 1, title 74, Idaho Code, but this subsection does not apply to disclosures in actions or enforcement proceedings pursuant to this act.  History: [28-46-106, added 1983, ch. 119, sec. 3, p. 301; am. 1990, ch. 213, sec. 24, p. 504; am. 2015, ch. 141, sec. 48, p. 417.]
ID Code § 28-46-107 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-107 - APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

28-46-107. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. Except as otherwise provided, the Administrative Procedure Act applies to and governs all administrative action taken by the administrator pursuant to this chapter.  History: [28-46-107, added 1983, ch. 119, sec. 3, p. 302.]
ID Code § 28-46-109 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-109 - ASSURANCE OF DISCONTINUANCE.

28-46-109. ASSURANCE OF DISCONTINUANCE. If it is claimed that a person has engaged in conduct which could be subject to an order by the administrator, sections 28-46-108 and 28-46-303, Idaho Code, or by a court, sections 28-46-110, 28-46-111 and 28-46-112, Idaho Code, the administrator may accept an assurance in writing that the person will not engage in the same or similar conduct in the future. The assurance may include any of the following: stipulations for the voluntary payment by the creditor of the costs of investigation or of an amount to be held in escrow as restitution to debtors aggrieved by past or future conduct of the creditor or to cover costs of future investigation, or admissions of past specific acts by the creditor or that those acts violated this act or other statutes. A violation of an assurance of discontinuance is a violation of this act. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that prior to the assurance he engaged in the conduct described in the assurance.  History: [28-46-109, added 1983, ch. 119, sec. 3, p. 303.]
ID Code § 28-46-110 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-110 - INJUNCTIONS AGAINST VIOLATIONS OF ACT.

28-46-110. INJUNCTIONS AGAINST VIOLATIONS OF ACT. The administrator may bring a civil action to restrain any person from violating this act and for other appropriate relief including, but not limited to, the following: to prevent a person from using or employing practices prohibited by this act, to reform contracts to conform to this act and to rescind contracts into which a creditor has induced a debtor to enter by conduct violating this act, even though a debtor is not a party to the action. An action under this section may be joined with an action under the provisions on civil actions by the administrator, section 28-46-113, Idaho Code.  History: [28-46-110, added 1983, ch. 119, sec. 3, p. 303.]
ID Code § 28-46-111 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-111 - INJUNCTIONS AGAINST UNCONSCIONABLE AGREEMENTS AND FRAUDULENT OR UNCONSCIONABLE CONDUCT INCLUDING DEBT COLLECTION.

28-46-111. INJUNCTIONS AGAINST UNCONSCIONABLE AGREEMENTS AND FRAUDULENT OR UNCONSCIONABLE CONDUCT INCLUDING DEBT COLLECTION. (1) The administrator may bring a civil action to restrain a person to whom this part applies from engaging in a course of: (a) Making or enforcing unconscionable terms or provisions of regulated consumer credit transactions; (b) Fraudulent or unconscionable conduct in inducing debtors to enter into regulated consumer credit transactions; (c) Conduct of any of the types specified in paragraph (a) or (b) of this subsection, with respect to transactions that give rise to or that lead persons to believe will give rise to regulated consumer credit transactions; or (d) Fraudulent or unconscionable conduct in the collection of debts arising from regulated consumer credit transactions. (2) In an action brought pursuant to this section, the court may grant relief only if it finds: (a) That the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct; (b) That the respondent’s agreements have caused or are likely to cause, or the conduct of the respondent has caused or is likely to cause, injury to debtors; and (c) That the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are consumer credit transactions. (3) In applying this section, consideration shall be given to each of the following factors, among others: (a) Belief by the creditor at the time regulated consumer credit transactions are made that there was no reasonable probability of payment in full of the obligation by the debtor; (b) In the case of regulated consumer credit sales, knowledge by the seller at the time of the sale of the inability of the buyer to receive substantial benefits from the property or services sold; (c) In the case of regulated consumer credit sales, gross disparity between the price of the property or services sold and the value of the property or services measured by the price at which similar property or services are readily obtainable in credit transactions by like buyers; (d) The fact that the creditor contracted for or received separate charges for insurance with respect to regulated consumer credit sales or regulated consumer loans with the effect of making the sales or loans, considered as a whole, unconscionable; and (e) The fact that the respondent has knowingly taken advantage of the inability of the debtor reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy or inability to understand the language of the agreement, or similar factors. (4) In an action brought pursuant to this section, a charge or practice expressly permitted by this act is not in itself unconscionable.  History: [28-46-111, added 1983, ch. 119, sec. 3, p. 304.]
ID Code § 28-46-112 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-112 - TEMPORARY RELIEF.

28-46-112. TEMPORARY RELIEF. With respect to an action brought to enjoin violations of the act, section 28-46-110, Idaho Code, or unconscionable agreements or fraudulent or unconscionable conduct, section 28-46-111, Idaho Code, the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.  History: [28-46-112, added 1983, ch. 119, sec. 3, p. 305.]
ID Code § 28-46-113 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|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 recovered by the administrator. The court shall order amounts recovered under this subsection to be paid to each debtor or set off against his obligation. A debtor’s action, except a class action, takes precedence over a prior or subsequent action by the administrator with respect to the claim of that debtor. A debtor’s class action takes precedence over a subsequent action by the administrator with respect to claims common to both actions, but the administrator may intervene. An administrator’s action on behalf of a class of debtors takes precedence over a debtor’s subsequent class action with respect to claims common to both actions. Whenever an action takes precedence over another action under this subsection, the latter action may be stayed to the extent appropriate while the precedent action is pending and dismissed if the precedent action is dismissed with prejudice or results in a final judgment granting or denying the claim asserted in the precedent action. A defense available to a creditor in a civil action brought by a debtor is available to him in a civil action brought under this subsection. (2) The administrator may bring a civil action against a creditor or a person acting in his behalf to recover a civil penalty of no more than five thousand dollars ($5,000) for repeatedly and intentionally violating this act. A civil penalty pursuant to this subsection may not be imposed for a violation of this act occurring more than two (2) years before the action is brought.  History: [28-46-113, added 1983, ch. 119, sec. 3, p. 305; am. 2002, ch. 301, sec. 5, p. 863; am. 2006, ch. 122, sec. 5, p. 349.]
ID Code § 28-46-114 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-114 - JURY TRIAL.

28-46-114. JURY TRIAL. The administrator has no right to trial by jury in an action brought by him under this act.  History: [28-46-114, added 1983, ch. 119, sec. 3, p. 305.]
ID Code § 28-46-115 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-115 - DEBTORS’ REMEDIES NOT AFFECTED.

28-46-115. DEBTORS’ REMEDIES NOT AFFECTED. The grant of powers to the administrator in this chapter does not affect remedies available to debtors under this act or under other principles of law or equity.  History: [28-46-115, added 1983, ch. 119, sec. 3, p. 306.]
ID Code § 28-46-116 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 1 - POWERS AND FUNCTIONS OF ADMINISTRATOR|Section 28-46-116 - VENUE.

28-46-116. VENUE. The administrator may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which the respondent resides or transacts business.  History: [28-46-116, added 1983, ch. 119, sec. 3, p. 306.]
ID Code § 28-46-301 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 46 - ADMINISTRATION|Part 3 - REGULATED LENDERS — LICENSING AND RELATED PROVISIONS|Section 28-46-301 - AUTHORITY TO MAKE REGULATED CONSUMER LOANS — EXEMPTION FROM LICENSING.

28-46-301. AUTHORITY TO MAKE REGULATED CONSUMER LOANS — EXEMPTION FROM LICENSING. (1) The administrator shall receive and act on all applications for licenses to make regulated consumer loans under this act. Applications shall be filed in the manner prescribed by the administrator and shall contain such information as the administrator may reasonably require. Unless a person is exempt under federal law or under this section or has first obtained a license from the administrator authorizing him to make regulated consumer loans, he shall not engage in the business of: (a) Making regulated consumer loans; or (b) Taking assignments of and undertaking direct collection of payments from or enforcement of rights against debtors arising from regulated consumer loans. (2) Any "supervised financial organization," as defined in section 28-41-301, Idaho Code, or any person organized, chartered, or holding an authorization certificate under the laws of another state to engage in making loans and receiving deposits, including a savings, share, certificate, or deposit account and who is subject to supervision by an official or agency of the other state, shall be exempt from the licensing requirements of this section. (3) Mortgage lenders licensed under the Idaho residential mortgage practices act, chapter 31, title 26, Idaho Code, shall be exempt from the licensing requirements of this section as to mortgage lending activities defined in chapter 31, title 26, Idaho Code. (4) Agencies of the United States and agencies of this state and its political subdivisions shall be exempt from the licensing requirements of this section.  History: [28-46-301, added 1983, ch. 119, sec. 3, p. 307; am. 1995, ch. 99, sec. 27, p. 324; am. 2006, ch. 122, sec. 7, p. 350; am. 2008, ch. 312, sec. 1, p. 861; am. 2013, ch. 54, sec. 3, p. 114.]