reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-403 - QUALIFICATIONS FOR PAYDAY LOAN LICENSE.

28-46-403. QUALIFICATIONS FOR PAYDAY LOAN LICENSE. (1) To qualify for a license, an applicant shall satisfy the following requirements:
(a) The applicant shall have liquid assets of at least thirty thousand dollars ($30,000) determined in accordance with generally accepted accounting principles, provided that applicants seeking to engage in the business of payday loans at more than one (1) location in the state shall have liquid assets of at least an additional five thousand dollars ($5,000) for each additional location in the state up to a maximum of seventy-five thousand dollars ($75,000) for all locations in the state; and
(b) The financial responsibility, financial condition, business experience, character and general fitness of the applicant shall reasonably warrant the administrator’s belief that the applicant’s business will be conducted lawfully and fairly. In determining whether this qualification has been met, and for the purpose of investigating compliance with this act, the administrator may review:
(i) The relevant business records and the capital adequacy of the applicant;
(ii) The competence, experience, integrity and financial ability of any applicant, and if the applicant is an entity, of any person who is a member, partner, director, senior officer or twenty-five percent (25%) or more equity owner of the applicant; and
(iii) Any record of conviction, on the part of the applicant, or any person referred to in subparagraph (ii) of this paragraph, of any criminal activity; any fraud or other act of personal dishonesty; any act, omission or practice which constitutes a breach of a fiduciary duty; or any suspension, revocation, removal or administrative action by any agency or department of the United States or any state, from participation in the conduct of any business.
(2) The requirements set forth in subsection (1) of this section are continuing in nature. A licensee shall meet the requirements of this section at all times while licensed pursuant to this part 4.
History:
[28-46-403, added 2003, ch. 182, sec. 1, p. 491; am. 2006, ch. 122, sec. 13, p. 354.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-405 - DENIAL OF LICENSE.

28-46-405. DENIAL OF LICENSE. (1) If the administrator determines that an applicant is not qualified to receive a license, the administrator shall notify the applicant in writing that the application has been denied, and shall state the basis for denial.
(2) If the administrator denies an application, or if the administrator fails to act on an application within sixty (60) days after the filing of a properly completed application, the applicant may make written demand to the administrator for a hearing on the question of whether the license should be granted. Written demand for a hearing may not be made more than fifteen (15) days after the administrator has mailed a writing to the applicant notifying him that the application has been denied and stating the basis for denial. In the event of a hearing, the administrator shall reconsider the application and, after the hearing, issue a written order granting or denying the application.
History:
[28-46-405, added 2003, ch. 182, sec. 1, p. 492.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-406 - NONTRANSFERABILITY — CHANGE IN CONTROL.

28-46-406. NONTRANSFERABILITY — CHANGE IN CONTROL. (1) Other than the transfer of a license to a new location as set forth in subsection (3) of this section, a license issued pursuant to this chapter is not transferable or assignable.
(2) The prior written approval of the administrator is required for the continued operation of a payday loan business whenever a change in control of a licensee is proposed. Control in the case of an entity means direct or indirect ownership, or the right to vote or otherwise control, twenty-five percent (25%) or more of the governance interests of the entity, or the ability of any person to elect a majority of the directors. The administrator may require information deemed necessary to determine whether a new application is required. Costs incurred by the administrator in investigating a change of control request shall be paid by the licensee requesting such approval.
(3) A licensee shall notify the administrator in writing at least fifteen (15) days before any proposed changes in the licensee’s business location or name.
History:
[28-46-406, added 2003, ch. 182, sec. 1, p. 493.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-407 - SUSPENSION OR REVOCATION OF LICENSE.

28-46-407. SUSPENSION OR REVOCATION OF LICENSE. (1) The administrator may, after notice and hearing, suspend or revoke any license if the administrator finds that the licensee:
(a) Has knowingly or through the lack of due care failed to pay any fee imposed by the administrator under the authority of this act;
(b) Has committed any fraud, engaged in any dishonest activities or made any misrepresentations;
(c) Has violated any provision of this act or any rule or order lawfully made pursuant to this act or has violated any other law in the course of the licensee’s dealing as a licensee;
(d) Has made a materially false statement in the application for the license or failed to give a true reply to a question in the application; or
(e) Has demonstrated incompetence or untrustworthiness to act as a licensee.
(2) If the reason for revocation or suspension of a licensee’s license at any one (1) location is of general application to all locations operated by a licensee, the administrator may revoke or suspend all licenses issued to a licensee.
History:
[28-46-407, added 2003, ch. 182, sec. 1, p. 493; am. 2006, ch. 122, sec. 15, p. 355.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-408 - REPORTS TO ADMINISTRATOR.

28-46-408. REPORTS TO ADMINISTRATOR. Within fifteen (15) days of the occurrence of any of the events listed below, a licensee shall file a written report with the administrator describing such events and their expected impact on the activities of the licensee in the state:
(1) The filing for bankruptcy or reorganization by the licensee;
(2) The institution of revocation or suspension proceedings against the licensee by any state or governmental authority;
(3) Any felony indictment of the licensee and, if the licensee is an entity, of any of its members, partners, directors, senior officers or twenty-five percent (25%) or more equity owners;
(4) Any felony conviction of the licensee and, if the licensee is an entity, of any of its members, partners, directors, senior officers or twenty-five percent (25%) or more equity owners; and
(5) Such other events as the administrator may determine and identify by rule.
History:
[28-46-408, added 2003, ch. 182, sec. 1, p. 493.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-409 - RECORDS — ANNUAL REPORTS.

28-46-409. RECORDS — ANNUAL REPORTS. (1) Every licensee shall maintain records in conformity with generally accepted accounting principles and practices in a manner that will enable the administrator to determine whether the licensee is complying with the provisions of this act. The recordkeeping system of a licensee shall be sufficient if he makes the required information reasonably available. The records need not be kept in the place of business where payday 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 the due date of the loan.
(2) 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 payday 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:
[28-46-409, added 2003, ch. 182, sec. 1, p. 494; am. 2015, ch. 141, sec. 50, p. 417.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-410 - EXAMINATIONS AND INVESTIGATIONS.

28-46-410. EXAMINATIONS AND INVESTIGATIONS. (1) The administrator shall examine periodically, at intervals he deems appropriate, the loans and business records of every payday 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 payday lender. For these purposes, the administrator 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 lender’s records are located outside this state, the 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 the attendance of witnesses, 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 items 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:
[28-46-410, added 2003, ch. 182, sec. 1, p. 494.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-411 - APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

28-46-411. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. Except as otherwise provided, the Idaho administrative procedure act, as set forth in chapter 52, title 67, Idaho Code, applies to and governs all administrative action taken by the administrator pursuant to this act.
History:
[28-46-411, added 2003, ch. 182, sec. 1, p. 495.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-412 - PAYDAY LOAN PROCEDURES.

28-46-412. PAYDAY LOAN PROCEDURES. (1) Each payday loan must be documented in a written agreement signed by the borrower. The loan agreement must include the name of the licensee, the loan date, the principal amount of the loan, and a statement of the total amount of fees charged as a condition of making the loan, expressed both as a dollar amount and as an annual percentage rate (APR).
(2) The maximum principal amount of any payday loan is one thousand dollars ($1000).
(3) A licensee may charge a fee for each payday loan. Such fee shall be deemed fully earned as of the date of the transaction and shall not be deemed interest for any purpose of law. No other fee or charges may be charged or collected for the payday loan except as specifically set forth in this act.
(4) Each licensee shall conspicuously post in each licensed location a notice of the fees, expressed as a dollar amount per one hundred dollars ($100), charged for payday loans.
(5) (a) A payday loan may be made pursuant to a transaction whereby the licensee:
(i) Accepts a check from a borrower who is the maker of the check; and
(ii) Agrees not to negotiate, deposit or present the check for an agreed upon period of time and pays to the maker the amount of the check, less the fees permitted by this act.
(b) In such a transaction, the licensee may accept only one (1) postdated check for each loan as security for the loan. Before the licensee may negotiate or present a check for payment, the check shall be endorsed with the actual name under which the licensee is doing business. The borrower shall have the right to redeem the check from the licensee at any time prior to the presentment or deposit of the check by making payment to the licensee of the full amount of the check in cash or immediately available funds.
(6) The amount advanced to the borrower by the licensee in a payday loan may be paid to the borrower in the form of cash, the licensee’s business check, a money order, an electronic funds transfer to the borrower’s account, or other reasonable electronic payment mechanism, provided however, that no additional fee may be charged to the borrower by a licensee to access the proceeds of the payday loan.
(7) A payday loan may be repaid by the borrower in cash, by negotiation of the borrower’s check in a transaction pursuant to subsection (5) of this section or, with the agreement of the licensee, a debit card, a cashier’s check, an electronic funds transfer from the borrower’s bank account, or any other reasonable electronic payment mechanism to which the parties may agree.
(8) A payday lender shall not make more than two (2) electronic representments of a borrower’s check to a depository institution.
History:
[28-46-412, added 2003, ch. 182, sec. 1, p. 495; am. 2014, ch. 270, sec. 2, p. 675.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-414 - EXTENDED PAYMENT PLANS.

28-46-414. EXTENDED PAYMENT PLANS. A payday lender shall allow the borrower, upon request, to enter into an extended payment plan that meets the requirements of this section once during any consecutive twelve (12) month period, subject to the following provisions:
(1) A payday lender is not required to enter into an extended payment plan with a borrower more than one (1) time during any consecutive twelve (12) month period.
(2) An extended payment plan shall be in writing and must be executed not later than the day the payday loan is due. The plan shall provide a payment schedule that allows at least four (4) equal payments over a time period of not less than sixty (60) days and shall include the disclosures required under section 28-46-415, Idaho Code.
(3) A borrower’s obligations under an extended payment plan shall be not greater than the amount owed under the terms of the original payday loan.
(4) A payday lender shall not charge interest or additional fees as part of an extended payment plan, except as permitted in section 28-46-413(6), Idaho Code. If a borrower defaults under the extended payment plan, the payday lender may terminate the extended payment plan and accelerate the requirement to pay the amount owed.
(5) A payday lender shall not initiate collection activities against a borrower for a payday loan that is subject to an extended payment plan so long as the borrower is in compliance with the terms of the extended payment plan.
History:
[28-46-414, added 2014, ch. 270, sec. 4, p. 676.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 4 - PAYDAY LOANS › Section 28-46-415 - DISCLOSURES.

28-46-415. DISCLOSURES. Before disbursing funds pursuant to a payday loan, a payday lender shall provide written notice in not less than twelve (12) point bold type and in all capitalized letters to the borrower stating the following:
"1. Payday loans are intended to address short-term, not long-term, financial needs.
2. You will be required to pay additional fees if the payday loan is renewed rather than paid in full when due.
3. You have the right to rescind the payday loan at no cost no later than the end of the next business day following the day on which the payday loan is made.
4. Payday loans may contain high-cost features, and borrowers should consider alternative lower-cost loans.
5. If you believe that the lender has violated the law, you may file a written complaint with the Idaho Department of Finance. Filing a complaint does not limit nor impair any rights you may have against the lender.
6. You have a one-time right during any consecutive twelve (12) month period to convert a payday loan into an extended payment plan."
History:
[28-46-415, added 2014, ch. 270, sec. 5, p. 677.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-501 - SHORT TITLE.

28-46-501. SHORT TITLE. This part shall be known and may be cited as the "Title Loan Act."
History:
[28-46-501, added 2006, ch. 323, sec. 1, p. 1023.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-502 - DEFINITIONS.

28-46-502. DEFINITIONS. As used in this part, unless the context otherwise requires:
(1) "Title lender" means a regulated lender authorized pursuant to this part to make title loans.
(2) "Title loan" means a loan for a consumer purpose that is secured by a nonpurchase money security interest in titled personal property and that is scheduled to be repaid in either a single installment or in multiple installments that are not fully amortized. Title loans are regulated consumer loans and, except as otherwise provided in this part, all provisions of the Idaho credit code relating to regulated consumer loans apply to title loans and to persons engaged in the business of making title loans.
(3) "Title loan agreement" means a written agreement whereby a title lender agrees to make a title loan to a debtor, and the debtor agrees to give the title lender a security interest in unencumbered titled personal property owned by the debtor. Except as otherwise provided in this part, all provisions of chapter 9, title 28, Idaho Code, apply to title loans and to persons engaged in the business of making title loans.
(4) "Titled personal property" means any motor vehicle, the ownership of which is evidenced and delineated by a state issued certificate of title, but does not include a motor home, mobile home or manufactured home.
History:
[28-46-502, added 2006, ch. 323, sec. 1, p. 1024.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-503 - LICENSE REQUIRED.

28-46-503. LICENSE REQUIRED. (1) No person shall engage in the business of making title loans without having first obtained a license from the administrator pursuant to this chapter authorizing the person to make regulated consumer loans.
(2) Any title loan made without first having obtained a license is void, in which case the person making the loan forfeits the right to collect any moneys, including principal, interest, and any other fee paid by the debtor in connection with the title loan agreement. The person making the title loan shall release its security interest in the titled personal property used as security for the title loan and shall return to the debtor:
(a) The certificate of title for such titled personal property;
(b) Such titled personal property if the person making the loan took possession of such property;
(c) The fair market value of such titled personal property if the person making the loan took possession of such property and is not able to return such property; and
(d) All principal, interest, and any other fees paid by the debtor.
History:
[28-46-503, added 2006, ch. 323, sec. 1, p. 1024.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-504 - TITLE LOAN AGREEMENTS.

28-46-504. TITLE LOAN AGREEMENTS. (1) Every title lender shall keep a numbered record of each and every title loan agreement executed by the title lender and debtor. Such record, as well as the title loan agreement, shall include the following information:
(a) The make, model and year of the titled personal property;
(b) The vehicle identification number, or other comparable identification number, along with the license plate number, if applicable, of the titled personal property;
(c) The name, residential address and date of birth of the debtor;
(d) The date the title loan agreement is executed by the title lender and the debtor; and
(e) The maturity date of the title loan agreement.
(2) The following information shall also be printed on the title loan agreement:
(a) The name and physical address of the title loan office;
(b) In not less than twelve (12) point bold type, the name and address of the administrator as well as a telephone number to which consumers may address complaints;
(c) The following statement in not less than twelve (12) point bold type and in all capitalized letters:
"(1) This loan is not intended to meet long-term financial needs.
(2) You should use this loan only to meet short-term cash needs.
(3) You will be required to pay additional interest and fees if you renew this loan rather than pay the debt in full when due.
(4) This loan may be a higher interest loan. You should consider what other lower cost loans may be available to you.
(5) You are placing at risk your continued ownership of the titled personal property you are using as security for this loan.
(6) If you default under this loan the title lender may take possession of the titled personal property used as security for this loan and sell the property in the manner provided by law.
(7) If you enter into a title loan agreement, you have a legal right of rescission. This means you may cancel your contract at no cost to you by returning the money you borrowed by the next business day after the date of your loan.
(8) If you believe that the title lender has violated the provisions of the Idaho Title Loan Act, you have the right to file a written complaint with the Idaho Department of Finance and the Department will investigate your complaint."
(d) The statement that "The debtor represents and warrants, to the best of the debtor’s knowledge, that the titled personal property is not stolen and has no liens or encumbrances against it, the debtor has the right to enter into this transaction and will not apply for a duplicate certificate of title while the title loan agreement is in effect."
(3) The debtor shall sign the title loan agreement and shall be provided with a copy of such agreement. The title loan agreement shall also be signed by the title lender or the title lender’s employee or agent. If the debtor has been issued a social security number, the title lender shall keep on file the social security number of the debtor.
History:
[28-46-504, added 2006, ch. 323, sec. 1, p. 1024.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-505 - DISCLOSURE.

28-46-505. DISCLOSURE. (1) Notwithstanding the provisions of section 28-46-103, Idaho Code, or any other law to the contrary, in accordance with the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the administrator may promulgate rules requiring each title lender to issue a standardized consumer notification and disclosure form in compliance with federal truth-in-lending laws prior to entering into any title loan agreement. The required style, content and method of executing the form may be prescribed by the rule and shall be designed to ensure that the debtor, prior to entering into such agreement, receives and acknowledges an accurate and complete notification and disclosure of the itemized and total amounts of all interest, fees, charges and other costs that will or potentially could be imposed as a result of such agreement.
(2) A title lender shall conspicuously post in each licensed location the statements listed in section 28-46-504(2)(c), Idaho Code.
History:
[28-46-505, added 2006, ch. 323, sec. 1, p. 1025.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-506 - RENEWAL OF TITLE LOAN AGREEMENTS.

28-46-506. RENEWAL OF TITLE LOAN AGREEMENTS. (1) Title loan agreements shall not exceed thirty (30) days in length. However, such agreements may provide for renewals, which may occur automatically, unless one (1) of the following has occurred:
(a) The debtor has paid all principal and finance charges due in accordance with the title loan agreement;
(b) The debtor has surrendered possession, title and all other interest in and to the titled personal property to the title lender; or
(c) The title lender has notified the debtor in writing that the title loan agreement is not to be renewed.
(2) A debtor has the right to cancel the debtor’s obligation to make payments under a title loan agreement until the close of the next business day after the day when the debtor signs a title loan agreement if the debtor returns the original check or cash to the location where the loan was originated. For the purpose of this section, "business day" means any day that the title loan office is open for business.
(3) Notwithstanding any provision of this part 5 to the contrary, beginning with the third renewal or continuation and at each successive renewal or continuation thereafter, the debtor shall be required to make a payment of at least ten percent (10%) of the principal amount of the original title loan in addition to any finance charges that are due. Finance charges due at each successive renewal or continuation shall be calculated on the outstanding principal balance. Principal payments in excess of the ten percent (10%) required principal reduction shall be credited to the outstanding principal on the day received. If at the maturity of any renewal requiring a principal reduction, the debtor has not made previous principal reductions adequate to satisfy the current required principal reduction, and the debtor cannot repay at least ten percent (10%) of the original principal balance and any outstanding finance charges, the title lender may, but shall not be obligated to, defer any required principal payment until a future date. No further finance charges may accrue on any such principal amount thus deferred.
(4) Within fourteen (14) days after a title loan is automatically renewed, the title lender shall provide the debtor written notice of the renewal either by personal delivery to the debtor or by deposit in the regular mail to the debtor’s residential address listed in the title loan agreement. For the purpose of this section, a renewal is any extension of a title loan for an additional period without any change in the terms of the title loan other than extension of the maturity date and a reduction in principal.
History:
[28-46-506, added 2006, ch. 323, sec. 1, p. 1026.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-507 - DEFAULT.

28-46-507. DEFAULT. (1) Before exercising any of its rights upon a default by a debtor under a title loan agreement, the title lender shall mail a "Notice to Cure Default" to the debtor at the debtor’s last address shown in the title lender’s file, notifying the debtor that the debtor has ten (10) days from the date of the notice in which to cure the default.
(2) If the debtor does not cure the default within the ten (10) days, the title lender may proceed to exercise its rights under chapter 9, title 28, Idaho Code. There shall be no further finance charges assessed to the debtor after the title lender has obtained possession of the titled personal property.
(3) Upon voluntary surrender of the titled personal property used as security for a title loan, the title lender shall have no obligation to send any "Notice to Cure Default" to the debtor.
(4) Title lenders may assess and collect reasonable expenses of collection and enforcement as authorized by chapter 9, title 28, Idaho Code.
History:
[28-46-507, added 2006, ch. 323, sec. 1, p. 1026.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-508 - PROHIBITED ACTIONS.

28-46-508. PROHIBITED ACTIONS. No title lender licensee under this part or person required under this part to have such license shall:
(1) Enter into a title loan agreement with a person less than eighteen (18) years of age, or with anyone who appears to be intoxicated;
(2) Make any agreement giving the title lender any recourse against the debtor other than the title lender’s right to take possession of the titled personal property and certificate of title upon the debtor’s default, and to sell or otherwise dispose of the titled personal property in accordance with the provisions of chapter 9, title 28, Idaho Code, except where the debtor prevented repossession of the vehicle, damaged or committed or permitted waste on the vehicle or committed fraud;
(3) Enter into a title loan agreement in which the amount of money loaned, when combined with the outstanding balance of other outstanding title loan agreements the debtor has with the same lender secured by any single titled personal property, exceeds the retail value of the titled personal property as determined by common motor vehicle appraisal guides;
(4) Accept any waiver, in writing or otherwise, of any right or protection accorded a debtor under this chapter;
(5) Fail to exercise reasonable care to protect from loss or damage the certificate of title in the physical possession of the title lender;
(6) Purchase titled personal property used as security for a title loan made by the title lender;
(7) Enter into a title loan agreement unless the debtor presents a clear title to titled personal property at the time that the loan is made. If the title lender files a lien against such titled personal property without possession of a clear title to such property, the resulting lien shall be void;
(8) Capitalize or add any accrued interest or fee to the original principal of the title loan agreement during any renewal of the agreement;
(9) Require a debtor to provide any additional guaranty as a condition to entering into a title loan agreement;
(10) Use any device or agreement, including agreements with affiliated title lenders, with the intent to obtain greater charges than otherwise would be authorized by this part; or
(11) Violate the provisions of this part or any rule promulgated pursuant thereto.
History:
[28-46-508, added 2006, ch. 323, sec. 1, p. 1027; am. 2013, ch. 54, sec. 7, p. 118.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 46 - ADMINISTRATION › Part 5 - TITLE LOAN ACT › Section 28-46-509 - EXEMPTION.

28-46-509. EXEMPTION. The provisions of this part shall not apply to any person licensed or chartered under the laws of any state or of the United States as a bank, savings and loan association, credit union, insurance company, or industrial loan company. The terms "bank," "savings and loan association," "credit union," "insurance company" and "industrial loan company" shall include employees and agents of such organizations as well as wholly-owned subsidiaries of such organizations, provided that the subsidiary is regularly examined by the chartering state or federal agency for consumer compliance purposes.
History:
[28-46-509, added 2006, ch. 323, sec. 1, p. 1027.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 49 - RELATIONSHIP TO OTHER LAWS, EFFECTIVE DATE, AND OVERRIDE OF FEDERAL PREEMPTION › Section 28-49-101 - RELATIONSHIP TO OTHER LAWS.

28-49-101. RELATIONSHIP TO OTHER LAWS. (1) All political subdivisions of this state shall be prohibited from enacting and enforcing ordinances, resolutions and regulations pertaining to the financial or lending activities of persons who:
(a) Are subject to the jurisdiction of the department of finance of the state of Idaho, including activities subject to this chapter;
(b) Are subject to the jurisdiction or regulatory supervision of the board of governors of the federal reserve system, the office of the comptroller of the currency, the national credit union administration, the federal deposit insurance corporation, the federal trade commission or the United States department of housing and urban development; or
(c) Originate, purchase, sell, assign, securitize or service property interests or obligations created by financial transactions or loans made, executed or originated by persons referred to in subsection (1)(a) or (1)(b) of this section or assist or facilitate such transactions.
(2) The requirements of this section shall apply to all ordinances, resolutions and regulations pertaining to financial or lending activities, including any ordinances, resolutions or regulations disqualifying persons from doing business with a political subdivision based upon financial or lending activities or imposing reporting requirements or any other obligations upon persons regarding financial or lending activities.
History:
[28-49-101, added 2002, ch. 301, sec. 8, p. 864; am. 2014, ch. 97, sec. 12, p. 274.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 49 - RELATIONSHIP TO OTHER LAWS, EFFECTIVE DATE, AND OVERRIDE OF FEDERAL PREEMPTION › Section 28-49-105 - OVERRIDE OF FEDERAL PREEMPTION.

28-49-105. OVERRIDE OF FEDERAL PREEMPTION. The legislature of the state of Idaho hereby declares and states that it does not want any of the provisions of Title V, Part A – Mortgage Usury Laws, Mortgages, Section 501(a)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980 (Public Law 96-221; 94 Stat. 132), to apply with respect to loans, mortgages, credit sales, and advances made in this state, and that the provisions of Title V, Part A – Mortgage Usury Laws, Mortgages, Section 501(a)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980 (Public Law 96-221; 94 Stat. 132), shall not apply with respect to loans, mortgages, credit sales, and advances made in this state.
History:
[28-49-105, added 1983, ch. 119, sec. 3, p. 311.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 49 - RELATIONSHIP TO OTHER LAWS, EFFECTIVE DATE, AND OVERRIDE OF FEDERAL PREEMPTION › Section 28-49-107 - CHAPTER 22, TITLE 26, UNAFFECTED.

28-49-107. CHAPTER 22, TITLE 26, UNAFFECTED. No provision of this act shall be construed to amend or repeal any of the provisions of chapter 22, title 26, Idaho Code, as the same is now enacted or as it may be hereafter amended, reenacted or substituted.
History:
[28-49-107, added 1983, ch. 119, sec. 3, p. 312.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-103 - SCOPE.

28-50-103. SCOPE. (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.
(b) This chapter does not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills, codicils or testamentary trusts; and
(2) The uniform commercial code, other than section 28-1-306, Idaho Code, chapter 2, title 28, Idaho Code (uniform commercial code — sales), and chapter 12, title 28, Idaho Code (uniform commercial code — leases).
(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.
(d) A transaction subject to this chapter is also subject to other applicable substantive law.
History:
[28-50-103, added 2000, ch. 286, sec. 1, p. 961; am. 2004, ch. 43, sec. 43, p. 163.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-104 - PROSPECTIVE APPLICATION.

28-50-104. PROSPECTIVE APPLICATION. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the initial effective date of this chapter.
History:
[28-50-104, added 2000, ch. 286, sec. 1, p. 962.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-105 - USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES — VARIATION BY AGREEMENT.

28-50-105. USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES — VARIATION BY AGREEMENT. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
History:
[28-50-105, added 2000, ch. 286, sec. 1, p. 962.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-106 - CONSTRUCTION AND APPLICATION.

28-50-106. CONSTRUCTION AND APPLICATION. This chapter must be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
History:
[28-50-106, added 2000, ch. 286, sec. 1, p. 962.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-107 - LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES AND ELECTRONIC CONTRACTS — ELECTRONIC TRANSMITTAL IN LIEU OF CERTIFIED MAIL.

28-50-107. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES AND ELECTRONIC CONTRACTS — ELECTRONIC TRANSMITTAL IN LIEU OF CERTIFIED MAIL. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
(e) If a law requires any notice or other record to be sent by certified mail, the record may, with the express consent of the recipient, be transmitted electronically.
History:
[28-50-107, added 2000, ch. 286, sec. 1, p. 962; am. 2003, ch. 155, sec. 1, p. 442.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-108 - PROVISION OF INFORMATION IN WRITING — PRESENTATION OF RECORDS.

28-50-108. PROVISION OF INFORMATION IN WRITING — PRESENTATION OF RECORDS. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record: (i) to be posted or displayed in a certain manner; (ii) to be sent, communicated, or transmitted by a specified method; or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1) The record must be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in subsection (d)(2) of this section, the record must be sent, communicated or transmitted by the method specified in the other law.
(3) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than this chapter to send, communicate or transmit a record by regular United States mail, may be varied by agreement to the extent permitted by the other law.
History:
[28-50-108, added 2000, ch. 286, sec. 1, p. 963.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-109 - ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.

28-50-109. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
History:
[28-50-109, added 2000, ch. 286, sec. 1, p. 963.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-110 - EFFECT OF CHANGE OR ERROR.

28-50-110. EFFECT OF CHANGE OR ERROR. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) Takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subsection (1) nor (2) of this section apply, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
(4) Subsections (2) and (3) of this section may not be varied by agreement.
History:
[28-50-110, added 2000, ch. 286, sec. 1, p. 963.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-111 - NOTARIZATION AND ACKNOWLEDGMENT.

28-50-111. NOTARIZATION AND ACKNOWLEDGMENT. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
History:
[28-50-111, added 2000, ch. 286, sec. 1, p. 964.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-112 - RETENTION OF ELECTRONIC RECORDS — ORIGINALS.

28-50-112. RETENTION OF ELECTRONIC RECORDS — ORIGINALS. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information, the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.
(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the initial effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
History:
[28-50-112, added 2000, ch. 286, sec. 1, p. 964.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-113 - ADMISSIBILITY IN EVIDENCE.

28-50-113. ADMISSIBILITY IN EVIDENCE. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
History:
[28-50-113, added 2000, ch. 286, sec. 1, p. 965.]