reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-103 - RESTRICTIONS ON DEFICIENCY JUDGMENTS.

28-45-103. RESTRICTIONS ON DEFICIENCY JUDGMENTS. (1) This section applies to a regulated consumer credit sale of goods or services.
(2) If the seller repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest and the cash price of the goods repossessed or surrendered was one thousand dollars ($1,000) or less, the buyer is not personally liable to the seller for the unpaid balance of the debt arising from the sale of the goods, and the seller is not obligated to resell the collateral.
(3) If the seller repossesses or voluntarily accepts surrender of goods which were not the subject of the sale but in which he has a security interest to secure a debt arising from a sale of goods or services or a combined sale of goods and services and the cash price of the sale was one thousand dollars ($1,000) or less, the buyer is not personally liable to the seller for the unpaid balance of the debt arising from the sale.
(4) For the purpose of determining the unpaid balance of consolidated debts or debts pursuant to open-end consumer credit, the allocation of payments to a debt shall be determined in the same manner as provided for determining the amount of debt secured by various security interests[,] section 28-43-303, Idaho Code.
(5) The buyer may be liable in damages to the seller if the buyer has wrongfully damaged the collateral or if, after default and demand, the buyer has wrongfully failed to make the collateral available to the seller.
(6) If the seller elects to bring an action against the buyer for a debt arising from a regulated consumer credit sale of goods or services, when under this section he would not be entitled to a deficiency judgment if he repossessed the collateral, and obtains judgment:
(a) He may not repossess the collateral; and
(b) The collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment.
History:
[28-45-103, added 1983, ch. 119, sec. 3, p. 294.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-104 - LIMITATION ON GARNISHMENT.

28-45-104. LIMITATION ON GARNISHMENT. (1) For the purposes of this part:
(a) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and
(b) "Garnishment" means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.
(2) The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment to enforce payment of a judgment arising from a regulated consumer credit sale or regulated consumer loan may not exceed the lesser of:
(a) Twenty-five percent (25%) of his disposable earnings for that week; or
(b) The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. title 29, section 206(a)(1), in effect at the time the earnings are payable.
(c) In the case of earnings for a pay period other than a week, the director of the department of labor shall prescribe by rule a multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (b).
(3) No court may make, execute, or enforce an order or process in violation of this section.
History:
[28-45-104, added 1983, ch. 119, sec. 3, p. 295; am. 1996, ch. 421, sec. 22, p. 1421; am. 2000, ch. 267, sec. 1, p. 754.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-105 - NO DISCHARGE FROM EMPLOYMENT FOR GARNISHMENT.

28-45-105. NO DISCHARGE FROM EMPLOYMENT FOR GARNISHMENT. No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a regulated consumer credit transaction.
History:
[28-45-105, added 1983, ch. 119, sec. 3, p. 295.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-106 - UNCONSCIONABILITY.

28-45-106. UNCONSCIONABILITY. (1) With respect to a regulated consumer credit sale, or regulated consumer loan, if the court as a matter of law finds the agreement or any clause 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, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) If it is claimed or appears to the court that the agreement or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
(3) For the purpose of this section, a charge or practice expressly permitted by this act is not in itself unconscionable.
History:
[28-45-106, added 1983, ch. 119, sec. 3, p. 295.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-107 - DEFAULT.

28-45-107. DEFAULT. An agreement of the parties to a regulated consumer credit transaction with respect to default on the part of the debtor is enforceable only to the extent that:
(1) The debtor fails to make a payment as required by agreement; or
(2) The prospect of payment, performance, or realization of collateral is significantly impaired; the burden of establishing the prospect of significant impairment is on the creditor.
History:
[28-45-107, added 1983, ch. 119, sec. 3, p. 296.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-108 - CREDITOR’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

28-45-108. CREDITOR’S RIGHT TO TAKE POSSESSION AFTER DEFAULT. Upon default by a debtor with respect to a regulated consumer credit transaction, unless the debtor voluntarily surrenders possession of the collateral to the creditor, the creditor may take possession of the collateral without judicial process only if possession can be taken without entry into a dwelling and without the use of force or other breach of the peace.
History:
[28-45-108, added 1983, ch. 119, sec. 3, p. 296.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-109 - EXTORTIONATE EXTENSIONS OF CREDIT.

28-45-109. 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 of the debtor(s) or of another person, the repayment of the extension of credit is unenforceable through civil judicial processes against the debtor.
History:
[28-45-109, added 1983, ch. 119, sec. 3, p. 296.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-110 - RESTRICTION ON ACTIONS ARISING FROM A REGULATED CREDIT TRANSACTION PRIMARILY SECURED BY A MORTGAGE OR DEED OF TRUST ON RESIDENTIAL REAL PROPERTY.

28-45-110. RESTRICTION ON ACTIONS ARISING FROM A REGULATED CREDIT TRANSACTION PRIMARILY SECURED BY A MORTGAGE OR DEED OF TRUST ON RESIDENTIAL REAL PROPERTY. (1) The provisions of this section shall apply to a regulated credit transaction made on or after July 1, 2022, that is secured by a subordinate lien on real property that is improved with a residence consisting of one (1) to four (4) family dwelling units, one (1) of which the owner occupies as the owner’s principal place of residency.
(2) If a senior mortgage or other senior secured interest on the real property is foreclosed and a consumer is in default under the terms of an existing obligation as described in subsection (1) of this section:
(a) Within ninety (90) days after the date of a foreclosure sale, a creditor or assignee of a lien described in subsection (1) of this section must send to the consumer’s last known address written notice to the consumer of the consumer’s liability under the outstanding regulated credit transaction. A notice required under this paragraph must include the following statement:
"Your liability under this account is subject to a statute of limitations, which may bar recovery after a date certain. This notification is not intended to provide legal advice, and you should seek your own legal counsel to determine your rights and obligations."; and
(b) Upon sale or assignment of an account subject to the notice requirement in paragraph (a) of this subsection, a creditor or assignee must send written notice to the consumer, at the consumer’s last known address, notifying the consumer of his obligation under the outstanding regulated credit transaction. A notice delivered under this paragraph must contain the statement required in paragraph (a) of this subsection.
(3) The failure to provide the notification required by subsection (2) of this section shall not invalidate or otherwise alter or impair a creditor’s right to attempt to collect the obligation owed by the consumer.
History:
[28-45-110, added 2022, ch. 168, sec. 1, p. 561.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 2 - DEBTORS’ REMEDIES › Section 28-45-202 - DAMAGES OR PENALTIES AS SETOFF TO OBLIGATION.

28-45-202. DAMAGES OR PENALTIES AS SETOFF TO OBLIGATION. Damages or penalties to which a debtor is entitled pursuant to this part may be set off against the debtor’s obligation, and may be raised as a defense to an action on the obligation without regard to the time limitations prescribed by this part.
History:
[28-45-202, added 1983, ch. 119, sec. 3, p. 298.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 2 - DEBTORS’ REMEDIES › Section 28-45-203 - CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS.

28-45-203. CIVIL LIABILITY FOR VIOLATION OF DISCLOSURE PROVISIONS. (1) Except as otherwise provided in this section, a creditor who, in violation of the provisions of the Federal Consumer Credit Protection Act other than the provisions concerning advertising of credit terms, fails to disclose information to a person entitled to the information under this act is liable to that person to the same extent to which said creditor is liable to such person under the Federal Consumer Credit Protection Act.
(2) An obligor or debtor has all rights under this act that he has under the Federal Consumer Credit Protection Act concerning a right of rescission as to certain transactions. A creditor or other person has all liabilities and defenses under this section that he had under the Federal Consumer Credit Protection Act.
(3) An action may not be brought under this section more than one (1) year after the date of the occurrence of the violation.
(4) The liability of a creditor under this section is in lieu of and not in addition to his liability under the Federal Consumer Credit Protection Act. An action by a person with respect to a violation may not be maintained pursuant to this section if a final judgment has been rendered for or against that person with respect to the same violation pursuant to the Federal Consumer Credit Protection Act. If a final judgment has been rendered in favor of a person pursuant to this section and thereafter a final judgment with respect to the same violation is rendered in favor of the same person pursuant to the Federal Consumer Credit Protection Act, a creditor liable under both judgments has a cause of action against that person for appropriate relief to the extent necessary to avoid double liability with respect to the same violation.
History:
[28-45-203, added 1983, ch. 119, sec. 3, p. 298.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 3 - LIMITATIONS ON DEBTORS’ LIABILITIES › Section 28-45-301 - LIMITATION ON DEFAULT CHARGES.

28-45-301. LIMITATION ON DEFAULT CHARGES. Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a regulated consumer credit transaction may not provide for any charges as a result of default by the debtor except those authorized by this act. A provision in violation of this section is unenforceable.
History:
[28-45-301, added 1983, ch. 119, sec. 3, p. 298.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 3 - REGULATED LENDERS — LICENSING AND RELATED PROVISIONS › Section 28-46-303 - REVOCATION OR SUSPENSION OF LICENSE.

28-46-303. REVOCATION OR SUSPENSION OF LICENSE. (1) The administrator may issue to a person licensed to make regulated consumer loans an order to show cause why his license should not be revoked or suspended for a period not in excess of six (6) months. The order shall state the place for a hearing and set a time for the hearing that is no less than ten (10) days from the date of the order. After the hearing, the administrator shall revoke or suspend the license if he finds that:
(a) The licensee has repeatedly and willfully violated this act or any rule or order lawfully made pursuant to this act; or
(b) Facts or conditions exist which would clearly have justified the administrator in refusing to grant a license had these facts or conditions existed or been known to exist at the time the application for the license was made.
(2) No revocation or suspension of a license is lawful unless prior to institution of revocation or suspension proceedings by the administrator, notice is given to the licensee of the facts or conduct which warrant the intended action, and the licensee is given an opportunity to show compliance with all lawful requirements for retention of the license.
(3) If the administrator finds that probable cause for revocation of a license exists and that enforcement of this act requires immediate suspension of the license pending investigation, he may, after a hearing upon five (5) days’ written notice, enter an order suspending the license for not more than thirty (30) days.
(4) Whenever the administrator revokes or suspends a license, he shall enter an order to that effect and forthwith notify the licensee of the revocation or suspension. Within five (5) days after the entry of the order, he shall deliver to the licensee a copy of the order and the findings supporting the order.
(5) Any person holding a license to make regulated consumer loans may relinquish the license by notifying the administrator in writing of its relinquishment, but this relinquishment shall not affect his liability for acts previously committed.
(6) No revocation, suspension, or relinquishment of a license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any debtor.
(7) The administrator may reinstate a license, terminate a suspension, or grant a new license to a person whose license has been revoked or suspended if no fact or condition then exists which clearly would have justified the administrator in refusing to grant a license.
History:
[28-46-303, added 1983, ch. 119, sec. 3, p. 308; am. 2006, ch. 122, sec. 9, p. 352.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 3 - REGULATED LENDERS — LICENSING AND RELATED PROVISIONS › Section 28-46-304 - RECORDS — ANNUAL REPORTS.

28-46-304. RECORDS — ANNUAL REPORTS. (1) Every regulated lender shall maintain records in conformity with generally accepted accounting principles and practices in a manner that will enable the administrator to determine whether the regulated lender is complying with the provisions of this act. The recordkeeping system of a regulated lender shall be sufficient if he makes the required information reasonably available. The records need not be kept in the place of business where regulated consumer loans are made, if the administrator is given free access to the records wherever located. The records pertaining to any loan need not be preserved for more than two (2) years after making the final entry relating to the loan, but in the case of an open-end account, the two (2) years is measured from the date of each entry.
(2) Concurrent with license renewal, on or before May 31 of each year, every licensee shall file with the administrator a composite annual report for the prior calendar year in the form prescribed by the administrator relating to all regulated consumer loans made by him. Information contained in annual reports shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and may be published only in composite form.
History:
[28-46-304, added 1983, ch. 119, sec. 3, p. 309; am. 1990, ch. 213, sec. 25, p. 504; am. 2006, ch. 122, sec. 10, p. 352; am. 2015, ch. 141, sec. 49, p. 417.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 3 - REGULATED LENDERS — LICENSING AND RELATED PROVISIONS › Section 28-46-305 - EXAMINATIONS AND INVESTIGATIONS.

28-46-305. EXAMINATIONS AND INVESTIGATIONS. (1) The administrator may examine periodically at intervals he deems appropriate, the loans and business records of every regulated lender. In addition, for the purpose of discovering violations of this act or securing information lawfully required, the administrator may at any time investigate the loans, business, and records of any regulated lender. For these purposes, he shall have free and reasonable access to the offices, places of business, and records of the lender. The administrator, for purposes of examination of licensees herein, shall be paid the cost of examination by the licensee, within thirty (30) days of demand for payment. The administrator shall, on July 1 of each year, fix such per diem examination cost.
(2) If the regulated lender’s records are located outside this state, the regulated lender, 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 at the place where they are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on his behalf.
(3) For the purposes of this section, the administrator may administer oaths or affirmations, and upon his own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is 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.
(4) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the administrator may apply to the district court for an order compelling compliance.
History:
[28-46-305, added 1983, ch. 119, sec. 3, p. 309; am. 2006, ch. 122, sec. 11, p. 353.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 3 - REGULATED LENDERS — LICENSING AND RELATED PROVISIONS › Section 28-46-306 - APPLICATION OF ADMINISTRATIVE PROCEDURE ACT TO PART.

28-46-306. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT TO PART. Except as otherwise provided, the state Administrative Procedure Act, chapter 52, title 67, Idaho Code, applies to and governs all administrative action taken by the administrator pursuant to this part.
History:
[28-46-306, added 1983, ch. 119, sec. 3, p. 310.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-401 - DEFINITIONS.

28-46-401. DEFINITIONS. (1) As used in this act, unless the context otherwise requires, "payday loan" means a transaction pursuant to a written agreement between a creditor and the maker of a check whereby the creditor:
(a) Accepts a check from the maker;
(b) Agrees to hold the check for a period of time prior to negotiation, deposit or presentment; and
(c) Pays to the maker of the check the amount of the check, less the fee permitted by this chapter.
(2) Payday loans are regulated consumer credit transactions, and all provisions of the Idaho credit code relating to regulated loans apply to payday loans and to persons engaged in the business of payday loans except for part 3, chapter 46, title 28, Idaho Code.
(3) As used in this part, "check" refers to a check or the electronic equivalent of a check, including an authorization given by a borrower to a creditor to withdraw an agreed upon amount from any account held by the borrower.
(4) As used in this part, unless the context otherwise requires, "licensee" means a person licensed under this part and all persons required to be licensed under this part.
History:
[28-46-401, added 2003, ch. 182, sec. 1, p. 491; am. 2014, ch. 270, sec. 1, p. 674.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-402 - LICENSE REQUIRED.

28-46-402. LICENSE REQUIRED. (1) No person shall engage in the business of payday loans, offer or make a payday loan, or arrange a payday loan for a third party lender in a payday loan transaction without having first obtained a license under this chapter. A separate license shall be required for each location from which such business is conducted.
(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) A payday loan made in this state in violation of the licensing requirement of this section is void, uncollectible and unenforceable. For any such payday loan the debtor is not obligated to pay the principal or any fee associated with such payday loan. If a debtor has paid any part of the principal or fee, the debtor has a right to recover the payment from the person violating the provisions of this section or from an assignee of that person’s rights who undertakes direct collection of payments or enforcement of rights arising from the debt. In the event the administrator initiates an administrative or civil action against a person who has violated the provisions of this section, the administrator shall be entitled to recover the principal and fees received by such person in a payday loan transaction made in violation of the provisions of this section.
(4) If the administrator finds that a person subject to this part has violated, is violating, or that there is reasonable cause to believe that a person is about to violate the provisions of this part, or any rule promulgated under this act and pertinent to this part, the administrator may, in his discretion, order the person to cease and desist from the violations.
History:
[28-46-402, added 2003, ch. 182, sec. 1, p. 491; am. 2006, ch. 122, sec. 12, p. 354; am. 2009, ch. 175, sec. 1, p. 555; am. 2013, ch. 54, sec. 14, p. 121.]