reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 1 - GENERAL PROVISIONS › Section 28-43-101 - SHORT TITLE.

28-43-101. SHORT TITLE. This chapter shall be known and may be cited as the Idaho Credit Code — Regulation of Agreements and Practices.
History:
[28-43-101, added 1983, ch. 119, sec. 3, p. 281.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 2 - DISCLOSURE › Section 28-43-201 - COMPLIANCE WITH FEDERAL CONSUMER CREDIT PROTECTION ACT.

28-43-201. COMPLIANCE WITH FEDERAL CONSUMER CREDIT PROTECTION ACT. A person upon whom the Federal Consumer Credit Protection Act, including regulations promulgated pursuant thereto, imposes duties or obligations, shall make or give to the debtor the disclosures, information, and notices required of him by that act and in all respects comply with that act. This section imposes the duty on a creditor to comply with the terms of the Federal Consumer Credit Protection Act only with respect to those credit transactions to which the Federal Consumer Credit Protection Act by its terms applies.
History:
[28-43-201, added 1983, ch. 119, sec. 3, p. 282.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 2 - DISCLOSURE › Section 28-43-202 - NOTICE OF ASSIGNMENT.

28-43-202. NOTICE OF ASSIGNMENT. A debtor may pay the original creditor until he receives notification of assignment of rights to payment pursuant to a regulated consumer credit transaction and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the debtor, the assignee shall seasonably furnish reasonable proof that the assignment has been made and unless he does so, the debtor may pay the original creditor.
History:
[28-43-202, added 1983, ch. 119, sec. 3, p. 282.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 2 - DISCLOSURE › Section 28-43-203 - CHANGE IN TERMS OF OPEN-END CONSUMER CREDIT ACCOUNTS.

28-43-203. CHANGE IN TERMS OF OPEN-END CONSUMER CREDIT ACCOUNTS. Whether or not a change is authorized by prior agreement, a creditor may change the terms of an open-end consumer credit account applying to any balance incurred before or after the effective date of the change.
History:
[28-43-203, added 1983, ch. 119, sec. 3, p. 282.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 2 - DISCLOSURE › Section 28-43-204 - RECEIPTS — STATEMENTS OF ACCOUNT — EVIDENCE OF PAYMENT.

28-43-204. RECEIPTS — STATEMENTS OF ACCOUNT — EVIDENCE OF PAYMENT. (1) The creditor shall deliver or mail to the debtor, without request, a written receipt for each payment by coin or currency on an obligation pursuant to a regulated consumer credit transaction. A periodic statement showing a payment received by mail complies with this subsection.
(2) Upon written request of a debtor, the person to whom an obligation is owed pursuant to a regulated consumer credit transaction, except one pursuant to open-end consumer credit, shall provide a written statement of the dates and amounts of payments made within the twelve (12) months preceding the month in which the request is received and the total amount unpaid as of the end of the period covered by the statement. The statement shall be provided without charge once during each year of the term of the obligation. If additional statements are requested, the creditor may make a reasonable charge not in excess of ten dollars ($10.00) for each additional statement.
(3) After a debtor has fulfilled all obligations with respect to a regulated consumer credit transaction, except one pursuant to open-end consumer credit, the person to whom the obligation was owed, upon request of the debtor, shall deliver or mail to the debtor written evidence acknowledging payment in full of all obligations with respect to the transaction.
History:
[28-43-204, added 1983, ch. 119, sec. 3, p. 282.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 2 - DISCLOSURE › Section 28-43-205 - FORM OF INSURANCE PREMIUM LOAN AGREEMENT.

28-43-205. FORM OF INSURANCE PREMIUM LOAN AGREEMENT. An agreement pursuant to which an insurance premium loan is made shall contain the names of the insurance agent or broker negotiating each policy or contract and of the insurer issuing each policy or contract, the number and inception date of, and premium for, each policy or contract, the date on which the term of the loan begins, and a clear and conspicuous notice that each policy or contract may be cancelled if payment is not made in accordance with the agreement. If a policy or contract has not been issued by the time the agreement is signed, the agreement may provide that the insurance agent or broker may insert the appropriate information in the agreement and, if he does so, shall furnish the information promptly in writing to the insured.
History:
[28-43-205, added 1983, ch. 119, sec. 3, p. 283.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-301 - SECURITY IN SALES.

28-43-301. SECURITY IN SALES. (1) With respect to a regulated consumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is one thousand dollars ($1,000) or more, or, in the case of a security interest in goods, the debt secured is one hundred dollars ($100) or more. Except as provided with respect to cross-collateral, section 28-43-302, Idaho Code, a seller may not otherwise take a security interest in property to secure the debt arising from a regulated consumer credit sale.
(2) A security interest taken in violation of this section is void.
History:
[28-43-301, added 1983, ch. 119, sec. 3, p. 283.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-302 - CROSS-COLLATERAL.

28-43-302. CROSS-COLLATERAL. (1) In addition to contracting for a security interest pursuant to the provisions on security in sales, section 28-43-301, Idaho Code, a seller in a regulated consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if, as a result of a prior sale, the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt.
(2) If the seller contracts for a security interest in other property pursuant to this section, the finance charge thereafter on the aggregate unpaid balances so secured may not exceed that permitted if the balances so secured were consolidated pursuant to the provisions on finance charge on consolidation, subsection (2) of section 28-42-304, Idaho Code. The seller has a reasonable time after so contracting in which to make any adjustments required by this section.
History:
[28-43-302, added 1983, ch. 119, sec. 3, p. 283.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-303 - DEBT SECURED BY CROSS-COLLATERAL.

28-43-303. DEBT SECURED BY CROSS-COLLATERAL. (1) If debts arising from two (2) or more regulated consumer credit sales, except sales pursuant to open-end credit, are secured by cross-collateral, section 28-43-302, Idaho Code, or consolidated into one (1) debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debt originally incurred with respect to each item is paid.
(2) Payments received by the seller upon an open-end consumer credit account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first 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) If the debts consolidated arose from two (2) or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the smallest debt.
History:
[28-43-303, added 1983, ch. 119, sec. 3, p. 283.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-304 - NO ASSIGNMENT OF EARNINGS.

28-43-304. NO ASSIGNMENT OF EARNINGS. (1) A creditor may not take an assignment of earnings of the debtor for payment or as security for payment of a debt arising out of a regulated consumer credit transaction. An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable by the debtor. This section does not prohibit a debtor from authorizing deductions from his earnings in favor of his creditor if the authorization is revocable, the debtor is given a complete copy of the writing evidencing the authorization at the time he signs it, and the writing contains on its face a conspicuous notice of the debtor’s right to revoke the authorization.
(2) A sale of unpaid earnings made in consideration of the payment of money to or for the account of the seller of the earnings is deemed to be a loan to him secured by an assignment of earnings.
History:
[28-43-304, added 1983, ch. 119, sec. 3, p. 284.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-305 - AUTHORIZATION TO CONFESS JUDGMENT PROHIBITED.

28-43-305. AUTHORIZATION TO CONFESS JUDGMENT PROHIBITED. A debtor may not authorize any person to confess judgment on a claim arising out of a regulated consumer credit transaction. An authorization in violation of this section is void.
History:
[28-43-305, added 1983, ch. 119, sec. 3, p. 284.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-306 - CERTAIN NEGOTIABLE INSTRUMENTS PROHIBITED.

28-43-306. CERTAIN NEGOTIABLE INSTRUMENTS PROHIBITED. With respect to a regulated consumer credit sale, the creditor may not take a negotiable instrument other than a check dated not later than ten (10) days after its issuance as evidence of the obligation of the debtor.
History:
[28-43-306, added 1983, ch. 119, sec. 3, p. 284.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-307 - BALLOON PAYMENTS.

28-43-307. BALLOON PAYMENTS. (1) Except as provided in subsection (2) of this section, if any scheduled payment of a regulated consumer credit transaction is more than twice as large as the average of earlier scheduled payments, the debtor has the right to refinance, without penalty, the amount of that payment at the time it is due. The terms of the refinancing shall be no less favorable to the debtor than the terms of the original transaction.
(2) This section does not apply to:
(a) A transaction pursuant to open-end credit;
(b) A transaction to the extent that the payment schedule is adjusted to the seasonal or irregular income or scheduled payments or obligations of the debtor;
(c) A transaction of a class defined by rule of the administrator as not requiring for the protection of the debtor his right to refinance as provided in this section; or
(d) A transaction secured by a second deed of trust or mortgage on a one (1) to four (4) family dwelling occupied by the debtor.
History:
[28-43-307, added 1983, ch. 119, sec. 3, p. 284.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-308 - REFERRAL SALES.

28-43-308. REFERRAL SALES. With respect to a regulated consumer credit sale, the seller may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the debtor as an inducement for a sale for the debtor giving to the seller the names of prospective buyers, or otherwise aiding the seller in making a sale to another person, if the earning of the rebate, discount, or other value is contingent upon the occurrence of an event after the time the debtor agrees to buy. If a debtor is induced by a violation of this section to enter into a regulated consumer credit sale, the agreement is unenforceable by the seller and the debtor, at his option, may rescind the agreement or retain the property delivered and the benefit of any services performed, without any obligation to pay for them.
History:
[28-43-308, added 1983, ch. 119, sec. 3, p. 285.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-309 - RESTRICTIONS ON INTEREST IN LAND AS SECURITY.

28-43-309. RESTRICTIONS ON INTEREST IN LAND AS SECURITY. With respect to a regulated consumer loan in which the principal is one thousand dollars ($1,000) or less, a regulated lender may not contract for an interest in land as security. A security interest taken in violation of this section is void.
History:
[28-43-309, added 1983, ch. 119, sec. 3, p. 285.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-310 - REGULAR SCHEDULE OF PAYMENTS — MAXIMUM LOAN TERM.

28-43-310. REGULAR SCHEDULE OF PAYMENTS — MAXIMUM LOAN TERM. Regulated consumer loans, not made pursuant to open-end credit and in which the principal is one thousand dollars ($1,000) or less, shall be scheduled to be payable in substantially equal installments at equal periodic intervals except to the extent that the schedule of payments is adjusted to the seasonal or irregular income of the debtor, and:
(1) Over a period of not more than thirty-seven (37) months if the principal is more than three hundred dollars ($300), or
(2) Over a period of not more than twenty-five (25) months if the principal is three hundred dollars ($300) or less.
History:
[28-43-310, added 1983, ch. 119, sec. 3, p. 285.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-311 - LIMITATION ON ATTORNEY FEES.

28-43-311. LIMITATION ON ATTORNEY FEES. With respect to a regulated consumer loan in which the principal is one thousand dollars ($1,000) or less, the agreement may not provide for the payment by the debtor of attorney’s fees. A provision in violation of this section is unenforceable.
History:
[28-43-311, added 1983, ch. 119, sec. 3, p. 285.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 3 - LIMITATIONS ON AGREEMENTS AND PRACTICES IN REGULATED CONSUMER CREDIT TRANSACTIONS › Section 28-43-312 - ATTORNEY’S FEES.

28-43-312. ATTORNEY’S FEES. Except as provided by the provisions on limitations on attorney’s fees as to certain regulated consumer loans, section 28-43-311, Idaho Code, with respect to a regulated consumer credit transaction the agreement may provide for the payment by the debtor of reasonable attorney’s fees after default and referral to an attorney not a salaried employee of the creditor. A provision in violation of this section is unenforceable.
History:
[28-43-312, added 1983, ch. 119, sec. 3, p. 285.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 4 - HOME SOLICITATION SALES › Section 28-43-401 - HOME SOLICITATION SALE DEFINED.

28-43-401. HOME SOLICITATION SALE DEFINED. "Home solicitation sale" means a regulated consumer credit sale of goods or services, in which the seller or a person acting for him personally solicits the sale, and the buyer’s agreement or offer to purchase is given to the seller or a person acting for him, at his residence. It does not include a sale made pursuant to a preexisting open-end credit account with the seller or pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, a transaction conducted and consummated entirely by mail or telephone, or a sale which is subject to the provisions of the Federal Consumer Credit Protection Act on the consumer’s right to rescind certain transactions.
History:
[28-43-401, added 1983, ch. 119, sec. 3, p. 286.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 4 - HOME SOLICITATION SALES › Section 28-43-402 - BUYER’S RIGHT TO CANCEL.

28-43-402. BUYER’S RIGHT TO CANCEL. (1) In addition to any right otherwise to revoke an offer, the buyer may cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with this part 4.
(2) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase.
(3) Notice of cancellation, if given by mail, is given when it is properly addressed with postage prepaid and deposited in a mailbox.
(4) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
History:
[28-43-402, added 1983, ch. 119, sec. 3, p. 286.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 4 - HOME SOLICITATION SALES › Section 28-43-403 - FORM OF AGREEMENT OR OFFER — STATEMENT OF BUYER’S RIGHTS.

28-43-403. FORM OF AGREEMENT OR OFFER — STATEMENT OF BUYER’S RIGHTS. (1) In a home solicitation sale, the seller shall present to the buyer and obtain his signature to a written agreement or offer to purchase that designates as the date of the transaction the date on which the buyer actually signs, and contains a statement of the buyer’s rights that complies with subsection (2) of this section. A copy of any writing required by this subsection to be signed by the buyer, completed at least as to the date of the transaction and the name and mailing address of the seller, shall be given to the buyer at the time he signs the writing.
(2) The statement shall either:
(a) Comply with any notice of cancellation or similar requirement of any trade regulation rule of the Federal Trade Commission which by its terms applies to the home solicitation sale; or
(b) Appear under the conspicuous caption: "BUYER’S RIGHT TO CANCEL," and read as follows: "If you decide you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to:
(3) Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.
History:
[28-43-403, added 1983, ch. 119, sec. 3, p. 286.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 4 - HOME SOLICITATION SALES › Section 28-43-404 - RESTORATION OF DOWN PAYMENT.

28-43-404. RESTORATION OF DOWN PAYMENT. (1) Within ten (10) days after a notice of cancellation has been received by the seller or an offer to purchase has been otherwise revoked, the seller shall tender to the buyer any payments made by the buyer, any note or other evidence of indebtedness, and any goods traded in. A provision permitting the seller to keep all or any part of any goods traded in, payment, note or evidence of indebtedness is in violation of this section and unenforceable.
(2) If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(3) Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.
History:
[28-43-404, added 1983, ch. 119, sec. 3, p. 287.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 43 - REGULATION OF AGREEMENTS AND PRACTICES › Part 4 - HOME SOLICITATION SALES › Section 28-43-405 - DUTY OF BUYER — NO COMPENSATION FOR SERVICES BEFORE CANCELLATION.

28-43-405. DUTY OF BUYER — NO COMPENSATION FOR SERVICES BEFORE CANCELLATION. Except as provided by the provisions on retention of goods by the buyer, subsection (3) of section 28-43-404, Idaho Code, and allowing for ordinary wear and tear or consumption of the goods contemplated by the transaction, within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale, but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, a reasonable time is presumed to be forty (40) days.
History:
[28-43-405, added 1983, ch. 119, sec. 3, p. 287.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-101 - SHORT TITLE.

28-44-101. SHORT TITLE. This chapter shall be known and may be cited as Idaho Credit Code – Insurance in Regulated Consumer Credit Transactions.
History:
[28-44-101, added 1983, ch. 119, sec. 3, p. 287.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-102 - SCOPE — RELATION TO CREDIT INSURANCE ACT — APPLICABILITY TO PARTIES.

28-44-102. SCOPE — RELATION TO CREDIT INSURANCE ACT — APPLICABILITY TO PARTIES. (1) Except as provided in subsection (2) of this section, this chapter applies to insurance provided or to be provided in relation to a regulated consumer credit transaction, as defined in section 28-41-301, Idaho Code.
(2) The provision on cancellation by a creditor, section 28-44-304, Idaho Code, applies to loans the primary purpose of which is the financing of insurance. No other provision of this chapter applies to insurance so financed.
(3) This chapter supplements and does not repeal the credit insurance act, chapter 23, title 41, Idaho Code. The provisions of this act concerning administrative controls, liabilities, and penalties do not apply to persons acting as insurers, as defined by title 41, Idaho Code, or rules prescribed by the director of the department of insurance.
History:
[28-44-102, added 1983, ch. 119, sec. 3, p. 287; am. 2013, ch. 54, sec. 11, p. 120.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-103 - CREDIT INSURANCE — CREDIT INSURANCE ACT — DEFINED.

28-44-103. CREDIT INSURANCE — CREDIT INSURANCE ACT — DEFINED. (1) In this act, "credit insurance" means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include:
(a) Insurance provided in relation to a credit transaction in which a payment is scheduled more than fifteen (15) years after the extension of credit;
(b) Insurance issued as an isolated transaction on the part of the insurer not related to an agreement or plan for insuring debtors of the creditor; or
(c) Insurance indemnifying the creditor against loss due to the debtor’s default.
(2) "Credit Insurance Act" means chapter 23, title 41, Idaho Code.
History:
[28-44-103, added 1983, ch. 119, sec. 3, p. 288.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-104 - CREDITOR’S PROVISION OF AND CHARGE FOR INSURANCE — EXCESS AMOUNT OF CHARGE.

28-44-104. CREDITOR’S PROVISION OF AND CHARGE FOR INSURANCE — EXCESS AMOUNT OF CHARGE. (1) Except as otherwise provided in this chapter and subject to the provision on maximum charges, section 28-42-201, Idaho Code, a creditor may agree to provide insurance, and may contract for and receive a charge for insurance separate from and in addition to other charges. A creditor need not make a separate charge for insurance provided or required by him. This act does not authorize the issuance of any insurance prohibited under any statute, or rule thereunder, governing the business of insurance.
(2) The excess amount of a charge for insurance provided for in agreements in violation of this chapter is an excess charge for the purposes of the provisions of the chapter on remedies and penalties, chapter 45, title 28, Idaho Code, and of the provisions of the chapter on administration, chapter 46, title 28, Idaho Code, as to civil actions by the administrator, section 28-46-113, Idaho Code.
History:
[28-44-104, added 1983, ch. 119, sec. 3, p. 288.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-105 - CONDITIONS APPLYING TO INSURANCE TO BE PROVIDED BY CREDITOR.

28-44-105. CONDITIONS APPLYING TO INSURANCE TO BE PROVIDED BY CREDITOR. If a creditor agrees with a debtor to provide insurance:
(1) The insurance shall be evidenced by an individual policy, certificate of insurance, application or notice of proposed insurance, disclosed to debtor pursuant to the provisions of section 41-2308, Idaho Code; or
(2) The creditor shall promptly notify the debtor of any failure or delay in providing the insurance.
History:
[28-44-105, added 1983, ch. 119, sec. 3, p. 288.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-106 - UNCONSCIONABILITY.

28-44-106. UNCONSCIONABILITY. (1) In applying the provisions of this act on unconscionability, sections 28-45-106 and 28-46-111, Idaho Code, to a separate charge for insurance, consideration shall be given, among other factors, to:
(a) Potential benefits to the debtor including the satisfaction of his obligations;
(b) The creditor’s need for the protection provided by the insurance; and
(c) The relation between the amount and terms of credit granted and the insurance benefits provided.
(2) If credit insurance otherwise complies with this chapter and other applicable law, neither the amount nor the term of the insurance nor the amount of a charge therefor is in itself unconscionable.
History:
[28-44-106, added 1983, ch. 119, sec. 3, p. 288.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-107 - MAXIMUM CHARGE BY CREDITOR FOR INSURANCE.

28-44-107. MAXIMUM CHARGE BY CREDITOR FOR INSURANCE. (1) Except as provided in subsection (2) of this section, if a creditor contracts for or receives a separate charge for insurance, the amount charged to the debtor for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to the debtor is determined, conforming to any rate filings required by law and made by the insurer with the director of the department of insurance.
(2) A creditor who provides credit insurance in relation to open-end credit, as defined in section 28-41-301, Idaho Code, may calculate the charge to the debtor in each billing cycle by applying the current premium rate to:
(a) The average daily unpaid balance of the debt in the cycle;
(b) The unpaid balance of the debt or a median amount within a specified range of unpaid balances of debt on approximately the same day of the cycle. The day of the cycle need not be the day used in calculating the finance charge, section 28-42-201, Idaho Code, but the specified range shall be the range used for that purpose; or
(c) The unpaid balances of principal calculated according to the actuarial method.
History:
[28-44-107, added 1983, ch. 119, sec. 3, p. 289; am. 2013, ch. 54, sec. 12, p. 121; am. 2014, ch. 97, sec. 11, p. 274.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-108 - REFUND OR CREDIT REQUIRED — AMOUNT.

28-44-108. REFUND OR CREDIT REQUIRED — AMOUNT. (1) Upon prepayment in full of a regulated consumer credit sale or regulated consumer loan by the proceeds of credit insurance, the debtor or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason of prepayment is retained by the creditor or returned to him by the insurer, unless the charge was computed from time to time on the basis of the balances of the debtor’s account.
(2) This chapter does not require a creditor to grant a refund or credit to the debtor if all refunds and credits due to the debtor under this chapter amount to less than five dollars ($5.00), and except as provided in subsection (1) of this section, does not require the creditor to account to the debtor for any portion of a separate charge for insurance because:
(a) The insurance is terminated by performance of the insurer’s obligation;
(b) The creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them; or
(c) The creditor receives directly or indirectly under any policy of insurance a gain or advantage not prohibited by law, or regulations prescribed by the director of the department of insurance.
(3) Except as provided in subsection (2) of this section, the creditor shall promptly make or cause to be made an appropriate refund or credit to the debtor with respect to any separate charge made to him for insurance if:
(a) The insurance is not provided or is provided for a shorter term than that for which the charge to the debtor for insurance was computed; or
(b) The insurance terminates prior to the end of the term for which it was written because of prepayment in full or otherwise.
(4) A refund or credit required by subsection (3) of this section is appropriate as to amount if it is computed according to a method prescribed or approved by the director of the department of insurance or a formula filed by the insurer with the director of the department of insurance at least thirty (30) days before the debtor’s right to a refund or credit becomes determinable, unless the method or formula is employed after the director of the department of insurance notifies the insurer that he disapproves it.
History:
[28-44-108, added 1983, ch. 119, sec. 3, p. 289; am. 1993, ch. 42, sec. 1, p. 114.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-109 - EXISTING INSURANCE — CHOICE OF INSURER.

28-44-109. EXISTING INSURANCE — CHOICE OF INSURER. If a creditor requires insurance, upon notice to the creditor, the debtor, as provided in section 41-2313, Idaho Code, shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the debtor, or through a policy to be obtained and paid for by the debtor, but the creditor may for reasonable cause, as defined in section 41-1312, Idaho Code, decline the insurance provided by the debtor.
History:
[28-44-109, added 1983, ch. 119, sec. 3, p. 290.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-110 - CHARGE FOR INSURANCE IN CONNECTION WITH A DEFERRAL, REFINANCING, OR CONSOLIDATION — DUPLICATE CHARGES.

28-44-110. CHARGE FOR INSURANCE IN CONNECTION WITH A DEFERRAL, REFINANCING, OR CONSOLIDATION — DUPLICATE CHARGES. (1) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral, section 28-42-302, Idaho Code, a refinancing, section 28-42-303, Idaho Code, or a consolidation, section 28-42-304, Idaho Code, unless:
(a) The debtor agrees at or before the time of the deferral, refinancing, or consolidation that the charge may be made;
(b) The debtor is or is to be provided with insurance for an amount or a term, or insurance of a kind, in addition to that to which he would have been entitled had there been no deferral, refinancing, or consolidation;
(c) The debtor receives a refund or credit on account of any unexpired term of existing insurance in the amount that would be required if the insurance were terminated, section 28-44-108, Idaho Code; and
(d) The charge does not exceed the amount permitted by this chapter, section 28-44-107, Idaho Code.
(2) A creditor may not contract for or receive a separate charge for insurance which duplicates insurance with respect to which the creditor has previously contracted for or received a separate charge.
History:
[28-44-110, added 1983, ch. 119, sec. 3, p. 290.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 1 - INSURANCE IN GENERAL › Section 28-44-111 - COOPERATION BETWEEN DEPARTMENTS.

28-44-111. COOPERATION BETWEEN DEPARTMENTS. The director of the department of finance and the director of the department of insurance are authorized and directed to consult and assist one another in maintaining compliance with this chapter. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriate, if either of them is otherwise empowered to take the action. If the director is informed of a violation or suspected violation by an insurer of this chapter, or of the insurance laws, rules, and regulations of this state, he shall advise the director of the department of insurance of the circumstances.
History:
[28-44-111, added 1983, ch. 119, sec. 3, p. 290.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 2 - CREDIT INSURANCE › Section 28-44-201 - TERM OF INSURANCE.

28-44-201. TERM OF INSURANCE. (1) Credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the debtor becomes obligated to the creditor or when the debtor applies for the insurance, whichever is later, except as follows:
(a) If any required evidence of insurability is not furnished until more than thirty (30) days after the term would otherwise commence, the term may commence on the date when the insurer determines the evidence to be satisfactory; or
(b) If the creditor provides insurance not previously provided covering debts previously created, the term may commence on the effective date of the policy.
(2) The originally scheduled term of the insurance shall extend at least until the due date of the last scheduled payment of the debt except as follows:
(a) If the insurance relates to an open-end consumer credit account, the term need only extend until the payment of the debt under the account and may be sooner terminated after at least thirty (30) days notice to the debtor; or
(b) If the debtor is advised in writing that the insurance will be written for a specified shorter time, the term need only extend until the end of the specified time.
(3) The term of the insurance shall not extend more than fifteen (15) days after the originally scheduled due date of the last scheduled payment of the debt unless it is extended without additional cost to the debtor or as an incident to a deferral, refinancing, or consolidation.
History:
[28-44-201, added 1983, ch. 119, sec. 3, p. 291.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 2 - CREDIT INSURANCE › Section 28-44-202 - AMOUNT OF INSURANCE.

28-44-202. AMOUNT OF INSURANCE. (1) Except as provided in subsection (2) of this section:
(a) In the case of credit insurance providing life coverage on an individual policy basis, the amount of insurance may not initially exceed the debt and, if the debt is payable in installments, may not at any time exceed the greater of the scheduled or actual amount of the debt. The amount of insurance provided under a group life insurance contract shall be subject to the applicable provisions of sections 41-2005 (debtor groups) and 41-2306 (amount of insurance), Idaho Code; or
(b) In the case of any other credit insurance, the total amount of periodic benefits payable may not exceed the total of scheduled unpaid installments of the debt, and the amount of any periodic benefit may not exceed the original amount of debt divided by the number of periodic installments in which it is payable.
(2) If credit insurance is provided in connection with an open-end consumer credit account, the amounts payable as insurance benefits may be reasonably commensurate with the amount of debt as it exists from time to time. If credit insurance is provided in connection with a commitment to grant credit in the future, the amounts payable as insurance benefits may be reasonably commensurate with the total from time to time of the amount of debt and the amount of the commitment. The amount of all group life insurance issued under this subsection shall further be subject to the applicable provisions of sections 41-2005 (debtor groups), 41-2306 (amount of insurance), and 41-2308 (provisions of policies and certificates of insurance–disclosure to debtors), Idaho Code.
History:
[28-44-202, added 1983, ch. 119, sec. 3, p. 291.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 2 - CREDIT INSURANCE › Section 28-44-203 - FILING AND APPROVAL OF RATES AND FORMS.

28-44-203. FILING AND APPROVAL OF RATES AND FORMS. (1) A creditor may not use a form or a schedule of premium rates or charges, the filing of which is required by this section, if the director of the department of insurance has disapproved the form or schedule and has notified the insurer of his disapproval. A creditor may not use a form or schedule unless:
(a) The form or schedule has been on file with the director of the department of insurance for thirty (30) days, or has earlier been approved by him; and
(b) The insurer has complied with this section with respect to the insurance.
(2) Except as provided in subsection (3) of this section, all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders relating to credit insurance delivered or issued for delivery in this state, and the schedules of premium rates or charges pertaining thereto, shall be filed by the insurer with the director of the department of insurance. Within thirty (30) days after the filing of any form or schedule, he shall disapprove it if the premium rates or charges are unreasonable in relation to the benefits provided under the form, or if the form contains provisions which are unjust, unfair, inequitable, or deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of the Credit Insurance Act or of any rule or regulation promulgated thereunder.
(3) If a group policy has been delivered in another state, the forms to be filed by the insurer with the director of the department of insurance are the group certificates and notices of proposed insurance. He shall approve them if:
(a) They provide the information that would be required if the group policy were delivered in this state; and
(b) The applicable premium rates or charges do not exceed those established by his rules or regulations.
History:
[28-44-203, added 1983, ch. 119, sec. 3, p. 292.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 3 - PROPERTY AND LIABILITY INSURANCE › Section 28-44-301 - PROPERTY INSURANCE.

28-44-301. PROPERTY INSURANCE. (1) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless the creditor qualifies under chapter 9, title 41, Idaho Code, or rule or regulation prescribed by the director of the department of insurance and:
(a) The insurance covers a substantial risk of loss of or damage to property related to the credit transaction;
(b) The amount, terms, and conditions of the insurance are reasonable in relation to the character and value of the property insured or to be insured; and
(c) The term of the insurance is reasonable in relation to the terms of credit.
(2) The term of the insurance is reasonable if it is customary and does not extend substantially beyond a scheduled maturity.
(3) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless the amount financed or principal exclusive of charges for the insurance is five hundred dollars ($500) or more, and the value of the property is five hundred dollars ($500) or more.
History:
[28-44-301, added 1983, ch. 119, sec. 3, p. 292.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 3 - PROPERTY AND LIABILITY INSURANCE › Section 28-44-302 - INSURANCE ON CREDITOR’S INTEREST ONLY.

28-44-302. INSURANCE ON CREDITOR’S INTEREST ONLY. If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not willfully caused by the debtor is on the debtor only to the extent of any deficiency in the effective coverage of the insurance, even though the insurance covers only the interest of the creditor.
History:
[28-44-302, added 1983, ch. 119, sec. 3, p. 293.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 3 - PROPERTY AND LIABILITY INSURANCE › Section 28-44-303 - LIABILITY INSURANCE.

28-44-303. LIABILITY INSURANCE. A creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability arising out of the ownership or use of property related to the credit transaction.
History:
[28-44-303, added 1983, ch. 119, sec. 3, p. 293.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 3 - PROPERTY AND LIABILITY INSURANCE › Section 28-44-304 - CANCELLATION BY CREDITOR.

28-44-304. CANCELLATION BY CREDITOR. A creditor shall not request cancellation of a policy of property or liability insurance except after the debtor’s default or in accordance with a written authorization by the debtor, and in either case the cancellation does not take effect until written notice is delivered to the debtor or mailed to him at his address as stated by him. The notice shall state that the policy may be cancelled on a date not less than ten (10) days after the notice is delivered or, if the notice is mailed, not less than thirteen (13) days after it is mailed.
History:
[28-44-304, added 1983, ch. 119, sec. 3, p. 293.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 44 - INSURANCE › Part 4 - INSURANCE PURSUANT TO A PREMIUM FINANCE LOAN › Section 28-44-401 - CANCELLATION OF INSURANCE PURSUANT TO A PREMIUM FINANCE LOAN.

28-44-401. CANCELLATION OF INSURANCE PURSUANT TO A PREMIUM FINANCE LOAN. (1) With respect to a premium finance loan, the debtor may give the lender authority to cancel insurance contracts obtained for the debtor pursuant to the premium finance loan agreement.
(2) A lender may not cancel unless he gives the debtor fifteen (15) days’ written notice that cancellation of a specified insurance contract will become effective on a stated date and at a stated time unless the debtor before that date cures his default with respect to the premium finance loan. The debtor may cure his default by paying to the lender the amount of the installment payments due, without acceleration of the unpaid balance of the principal, at the time notice is given, together with the amount of delinquency or deferral charges due at that time.
(3) Upon cancellation the lender shall rebate or refund to the debtor the amount of any unearned loan finance charge. The amount of the rebate shall be equal to the amount of the unearned loan finance charge that would have been rebated or refunded pursuant to section 28-42-307, Idaho Code, if the loan had been prepaid in full at the date of cancellation.
(4) All laws of this state relating to cancellation of insurance contracts must be complied with when cancellation occurs pursuant to this section.
(5) If the insurance contract cancelled provides motor vehicle liability insurance:
(a) The notice of cancellation shall briefly inform the debtor of the consequences under the laws of this state of operating a motor vehicle without liability insurance; and
(b) A copy of the notice of cancellation shall be sent to the Idaho transportation department.
History:
[28-44-401, added 1983, ch. 119, sec. 3, p. 293.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 45 - REMEDIES AND PENALTIES › Part 1 - LIMITATIONS ON CREDITORS’ REMEDIES › Section 28-45-101 - SHORT TITLE.

28-45-101. SHORT TITLE. This chapter shall be known and may be cited as Idaho Credit Code — Remedies and Penalties.
History:
[28-45-101, 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 28-45-102 - SCOPE.

28-45-102. SCOPE. This part applies to actions or other proceedings to enforce rights arising from regulated consumer credit transactions, to extortionate extensions of credit, section 28-45-109, Idaho Code, and to unconscionability, section 28-45-106, Idaho Code.
History:
[28-45-102, added 1983, ch. 119, sec. 3, p. 294.]