reglab/statecodes huggingface dataset:
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 5 - Home Solicitation Sales › Section 103 - Form of agreement or offer -- Statement of buyer's rights.

70C-5-103.
Form of agreement or offer -- Statement of buyer's rights.
(1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller shall present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights which complies with Subsection (2).
(2) The statement shall:
(a) appear under the conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
(b) read as follows:
"If this agreement was solicited at your residence or place of employment and 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 on the third business day after you sign this agreement. The notice must be mailed to: _________________________ (insert name and mailing address of seller)."
(3) Compliance with any notice of cancellation or similar requirement of any rule of the Federal Trade Commission which by its terms applies to a home solicitation sale covered by this title is deemed compliance with Subsection (2)(b) if compliance is totally consistent with this title.
(4) 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.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 5 - Home Solicitation Sales › Section 104 - Restoration of down payment.

70C-5-104.
Restoration of down payment.
(1) Within 10 days after a home solicitation sale has been canceled or an offer to purchase revoked the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(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 recover an amount equal to the trade-in allowance stated in the agreement.
(3) A provision permitting the seller to keep all or any part of any payment, note, or evidence of indebtedness is in violation of this section and unenforceable.
(4) 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.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 5 - Home Solicitation Sales › Section 105 - Duty of buyer -- No compensation for services prior to cancellation.

70C-5-105.
Duty of buyer -- No compensation for services prior to cancellation.
(1) Except as provided by the provisions on retention of goods by the buyer under Subsection 70C-5-104(4), within a reasonable time after a home solicitation sale has been canceled 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 or place of employment. If the seller fails to demand possession of goods within a reasonable period of 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, 40 days is a reasonable period of time.
(2) The buyer has a duty to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk.
(3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 101 - Scope -- Relation to credit insurance -- Applicability to parties.

70C-6-101.
Scope -- Relation to credit insurance -- Applicability to parties.
(1) Except as provided in Subsection (2), this chapter applies to insurance provided or to be provided in connection with any consumer credit transaction subject to this title.
(2) The provision on cancellation by a creditor under Section 70C-6-304 applies to extensions of credit, the primary purpose of which is the financing of insurance. No other provision of this chapter applies to insurance so financed.
(3) Except as provided elsewhere under this title, this chapter supplements and does not supersede Title 31A, Chapter 22, Part 8, Credit Life and Accident and Health Insurance. The provisions of this title concerning administrative controls, liabilities, and penalties do not apply to persons acting as insurers, and the similar provisions of the Credit Insurance Act do not apply to creditors and debtors.
Amended by Chapter 90, 2004 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 102 - Definition -- Consumer credit insurance.

70C-6-102.
Definition -- Consumer credit insurance.
"Consumer 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:
(1) 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
(2) insurance indemnifying the creditor against loss due to the debtor's default.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 103 - Creditor's provision of and charge for insurance -- Excess amount of charge.

70C-6-103.
Creditor's provision of and charge for insurance -- Excess amount of charge.
(1) Except as otherwise provided in this chapter, a creditor may agree to provide insurance. If insurance is not required, a charge for such insurance shall be separate from and in addition to other charges. A creditor shall separately disclose any charge for insurance required and provided by it. This title does not authorize the issuance of any insurance prohibited under any statute, rule, or regulation.
(2) A charge for insurance which exceeds the maximum authorized by Section 70C-6-105 is an excess charge for the purposes of Chapter 7, Remedies and Penalties, on remedies and penalties, as to effect of violations on rights of parties under Section 70C-7-201, and of Chapter 8, Administration, on administration.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 104 - Conditions applying to insurance to be provided by creditor.

70C-6-104.
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 or certificate of insurance delivered to the debtor, or sent to him at his address as stated by him, within 30 days after the term of the insurance commences under the agreement between the creditor and debtor; or
(2) the creditor shall promptly notify the debtor of any failure or delay in providing the insurance.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 105 - Maximum charge by creditor for insurance.

70C-6-105.
Maximum charge by creditor for insurance.
If a creditor contracts for or receives a separate charge for insurance, the amount charged the debtor for the insurance may not exceed the premium to be charged by the insurer, without deduction for commissions, 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 commissioner of insurance.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 106 - Refund or credit required -- Amount.

70C-6-106.
Refund or credit required -- Amount.
(1) A debtor or his estate is entitled to any rebate or refund due from an insurer and to any unearned part of a separate charge for insurance previously paid by the debtor, resulting from the prepayment of a consumer credit debt, except when all refunds and credits due to the debtor under this title amount to less than $5.
(2) A 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 a 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.
(3) All refunds or credit required by this section shall be computed according to a method prescribed or approved by the Insurance Department or formula filed by the insurer with the Insurance Department at least 30 days before any debtor's right to a refund or credit becomes determinable, unless the method or formula is employed after the Insurance Department notifies the insurer that the method or formula has been disapproved.
(4) Except as provided in Subsection (1), a creditor is not obligated to account to a debtor for any portion of a separate charge for insurance when:
(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.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 107 - Existing insurance -- Choice of insurer.

70C-6-107.
Existing insurance -- Choice of insurer.
If a creditor requires insurance, upon notice to the creditor the debtor may provide 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 decline the insurance provided by the debtor.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 1 - Insurance in General › Section 108 - Charge for insurance in connection with a deferral, refinancing, or consolidation -- Duplicate charges.

70C-6-108.
Charge for insurance in connection with a deferral, refinancing, or consolidation -- Duplicate charges.
A creditor may contract for and receive a separate charge for insurance in connection with a deferral, a refinancing, or a consolidation if:
(1) the debtor agrees at or before the time of the deferral, refinancing, or consolidation that the charge may be made;
(2) the insurance is not required by the creditor as a condition of granting the deferral, refinancing, or consolidation, unless the insurance is of a type which the creditor may lawfully require a debtor to obtain in connection with an extension of credit;
(3) the terms and conditions of the insurance to be provided comply with all requirements of this chapter; and
(4) the debtor receives an appropriate refund or credit on account for any unexpired term of existing insurance which is duplicated to any degree by the insurance to be provided in connection with the deferral, refinancing, or consolidation.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 2 - Consumer Credit Insurance › Section 201 - Term of insurance.

70C-6-201.
Term of insurance.
(1) Consumer credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not this 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 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) With respect to a closed-end credit agreement, the originally scheduled term of the insurance shall extend at least until the due date of the last scheduled payment of the debt, but may not extend more than 15 days after the originally scheduled due date of the last scheduled payment of the debt unless:
(a) it is extended without additional cost to the debtor;
(b) it is extended in connection with a deferral, refinancing, or consolidation; or
(c) if the debtor is advised in writing that the insurance will be written for a specified shorter time, the term need extend only until the end of the specified time.
(3) With respect to an open-end credit agreement, if the creditor agrees to provide consumer credit insurance, the creditor shall provide sufficient insurance to pay the unpaid balance in the open-end account at any point in time up to the limit of the line of credit granted, unless the parties to the credit agreement specifically agree in writing the insurance provided may be for a definite or limited term, and may be for a maximum amount less than the unpaid balance in the account at any time or less than the maximum amount of credit authorized.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 2 - Consumer Credit Insurance › Section 202 - Maximum amount of insurance.

70C-6-202.
Maximum amount of insurance.
(1) With respect to a closed-end credit agreement:
(a) in the case of consumer credit insurance providing life coverage, 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; and
(b) in the case of any other consumer 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) With respect to an open-end credit agreement:
(a) in the case of consumer credit insurance providing life coverage, the amount of insurance may not exceed the unpaid balance in the account at any point in time; and
(b) in the case of any other consumer credit insurance, the total amount of periodic benefits payable may not exceed the total of scheduled installments to pay the unpaid balance of the debt at any point in time.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 2 - Consumer Credit Insurance › Section 203 - Filing and approval of rates and forms.

70C-6-203.
Filing and approval of rates and forms.
(1) A creditor may use a form or a schedule of premium rates or charges concerning consumer credit insurance only if the form or schedule has been on file with the Insurance Department for at least 30 days and has not been disapproved by the Insurance Department or has been specifically approved by the Insurance Department at any time after filing.
(2) Except as provided in Subsection (3), all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders relating to consumer credit insurance delivered or issued for delivery in this state, and the schedules of premium rates or charges pertaining to them, shall be filed by the insurer with the Insurance Department. Within 30 days after the filing of any form or schedule, the Insurance Department 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 encourages misrepresentation, or are contrary to any provisions of this title, or Title 31A, Chapter 22, Part 8, Credit Life and Accident and Health Insurance, or of any rule adopted under that act or this title.
(3) If a group policy has been delivered in another state, the forms to be filed by the insurer with the Insurance Department are the group certificates and notices of proposed insurance. The Insurance Department shall approve those certificates and notices 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 the Insurance Department's rules.
Amended by Chapter 90, 2004 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 3 - Property and Liability Insurance › Section 301 - Property insurance.

70C-6-301.
Property insurance.
(1) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property related to the credit transaction unless:
(a) the insurance covers a significant risk of loss of or damage to the property;
(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 insurance is reasonable if it is customary and does not extend substantially beyond a scheduled maturity.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 3 - Property and Liability Insurance › Section 302 - Insurance on creditor's interest only.

70C-6-302.
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.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 3 - Property and Liability Insurance › Section 303 - Liability insurance.

70C-6-303.
Liability insurance.
A creditor may not contract for or receive a separate charge for insurance against liability arising out of the ownership or use of property related to the credit transaction, unless the insurance covers a significant risk of liability.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 6 - Insurance › Part 3 - Property and Liability Insurance › Section 304 - Cancellation by creditor.

70C-6-304.
Cancellation by creditor.
A creditor may 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 10 days after the notice is delivered, or, if the notice is mailed, not less than 13 days after it is mailed.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 1 - Limitation on Creditors' Remedies › Section 101 - Restriction on deficiency judgments in consumer credit sales.

70C-7-101.
Restriction on deficiency judgments in consumer credit sales.
(1) If a seller repossesses or voluntarily accepts the surrender or return of goods that were the subject of a consumer credit sale and in which the seller has a security interest to secure a debt arising from the sale of goods or services or a combined sale of goods and services, and the cash price of the sale was $3,000 or less, any debt remaining from the sale shall be fully satisfied and the seller has no further obligation to the buyer with respect to the goods taken or accepted.
(2) If the seller brings an action against the buyer for a debt arising from a consumer credit sale of goods or services, when under this section the creditor would not be entitled to a deficiency judgment if it repossessed the collateral, and obtains judgment:
(a) it may not repossess the collateral; and
(b) the collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment.
(3)
(a) Subsections (1) and (2) do not apply if the goods that were the subject of the sale and that secured a debt arising from a consumer credit sale are damaged to a significant degree after the goods are delivered to the buyer through no fault of the creditor.
(b) Subsection (2) does not apply if, after default and before the filing of an action against the buyer, the buyer fails to surrender and deliver the collateral to the creditor.
(c) Subsections (1) and (2) do not apply if an action taken by the buyer would make the collection of a judgment unenforceable, including the filing of bankruptcy.
(4) Notwithstanding any other provision of this section, a creditor has no obligation to accept the surrender of collateral.
Amended by Chapter 435, 2011 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 1 - Limitation on Creditors' Remedies › Section 102 - No garnishment before judgment.

70C-7-102.
No garnishment before judgment.
Prior to entry of judgment in an action against a debtor relating to a consumer credit agreement, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 1 - Limitation on Creditors' Remedies › Section 103 - Definitions -- Limitation on garnishment.

Effective 3/27/2014
70C-7-103.
Definitions -- Limitation on garnishment.
(1) As used in this part:
(a) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld.
(b) "Education loan" means a loan subject to this title, or notwithstanding Subsection 70C-1-202(2)(h)(ii)(B)(II), made by a depository institution that:
(i) is closed end;
(ii) is a qualified education loan as defined in 26 U.S.C. Sec. 221(d);
(iii) expressly states in the original loan documents that it is a qualified education loan or the proceeds will be used solely for qualified higher education expenses as defined in 26 U.S.C. Sec 221(d); and
(iv) in a bankruptcy filing, the loan or any indebtedness relating to the loan is subject to the provisions of 11 U.S.C. Sec. 523(a)(8).
(c) "Garnishment" means a legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.
(2) The maximum part of the aggregate disposable earnings of an individual for any pay period that is subjected to garnishment to enforce payment of a judgment arising from a consumer credit agreement may not exceed the lesser of:
(a) 25% of the individual's disposable earnings for that pay period;
(b) the amount by which the individual's disposable earnings for that pay period exceed 30 hours per week multiplied by the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, 29 U.S.C. Sec. 206(a)(1), in effect at the time the earnings are payable; or
(c) 15% of the individual's disposable earnings for that pay period if the judgment relates to an education loan.
(3) A court may not make, execute, or enforce an order or process in violation of this section.
Amended by Chapter 84, 2014 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 1 - Limitation on Creditors' Remedies › Section 104 - No discharge from employment for garnishment.

70C-7-104.
No discharge from employment for garnishment.
No employer may discharge any employee because his earnings have been subject to garnishment in connection with any one judgment.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 1 - Limitation on Creditors' Remedies › Section 105 - Extortionate extensions of credit.

70C-7-105.
Extortionate extensions of credit.
If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through any judicial proceedings against the debtor.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 1 - Limitation on Creditors' Remedies › Section 106 - Unconscionability.

70C-7-106.
Unconscionability.
(1) With respect to a consumer credit agreement, if the court finds the agreement or any part of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause if that will avoid any unconscionable result.
(2) If it is claimed or appears to a court that a consumer credit agreement or any part of it may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.
(3) For the purposes of this section, a charge or practice expressly permitted by this title is not in itself unconscionable.
(4) If the court as a matter of law finds a consumer credit agreement or any part of the agreement to have been unconscionable, then in addition to the relief provided for in Subsection (1), the party in violation of this section is liable and the debtor may recover from it a penalty in an amount determined by the court of:
(a) not less than $100 nor more than $5,000; and
(b) the cost of the action together with a reasonable attorney's fee.
(5) The penalties provided for in Subsection (4) may not be imposed upon an assignee of the creditor's rights in a consumer credit contract found as a matter of law to be unconscionable in whole or in part unless the debtor establishes by a preponderance of the evidence that the assignee knew the agreement was a consumer credit contract at the time the assignment occurred and also knew of the facts or circumstances on which the court based its finding of unconscionability.
(6) No class action may be brought under this section except for injunctive or declaratory relief.
(7) Nothing contained in Subsection (6) prevents the recovery of penalties by a debtor as provided in Subsection (4).
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 2 - Debtors' Remedies › Section 201 - Effect of violations by creditors -- Penalties -- Debtor's rights.

70C-7-201.
Effect of violations by creditors -- Penalties -- Debtor's rights.
(1) A debtor is not obligated to pay a charge in excess of that allowed by this title, and if he has paid an excess charge he has a right to a refund. A refund may be made in whole or in part by reducing the debtor's obligation by the amount of the excess charge. If the debtor has paid an amount in excess of the lawful obligation under the agreement, the debtor may recover the excess amount from the party who made the excess charge or from an assignee of the creditor's rights who undertakes direct collection of payments from or enforcement of rights against the debtor with respect to the debt.
(2) If a debtor is entitled to a refund and a party liable to the debtor in bad faith refuses to make a refund within a reasonable time after demand, the debtor may recover from that party a penalty in an amount to be determined by a court not exceeding the greater of either the amount of the finance charge or 10 times the amount of the excess charge. If the creditor has made an excess charge in deliberate violation of or in reckless disregard for this title, the penalty may be recovered even though the creditor has refunded the excess charge.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 2 - Debtors' Remedies › Section 202 - Assignees of creditor.

70C-7-202.
Assignees of creditor.
Except as otherwise specifically provided in this title, or unless the assignment is involuntary, any civil action for violation of this title which may be brought against the original creditor in any consumer credit transaction may be maintained against any subsequent assignee of the original creditor where the violation from which the alleged liability arose is apparent on the face of the instrument assigned.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 2 - Debtors' Remedies › Section 203 - Refunds and penalties as setoff to obligation.

70C-7-203.
Refunds and penalties as setoff to obligation.
Refunds or penalties to which the debtor is entitled under this part may be set off against the debtor's obligation and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this part.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 2 - Debtors' Remedies › Section 204 - Attorney's fees.

70C-7-204.
Attorney's fees.
In any case where it is found that a creditor has violated this title or its agreement with the debtor, the court may award reasonable attorney's fees to the debtor.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 2 - Debtors' Remedies › Section 205 - Statute of limitations.

70C-7-205.
Statute of limitations.
No action under this title may be brought more than one year after the date of the occurrence of the violation. This section does not bar a person from asserting a violation of this title in an action to collect the debt which is brought more than one year after the date of the occurrence of the violation as a matter of defense by recoupment or setoff to the extent of the outstanding balance of the debt.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 7 - Remedies and Penalties › Part 2 - Debtors' Remedies › Section 206 - Creditor's defenses.

70C-7-206.
Creditor's defenses.
(1) If a creditor establishes by a preponderance of evidence that a violation of this title is unintentional or the result of a bona fide error, no penalty as specified in Sections 70C-7-201 and 70C-7-204 may be imposed and the validity of the transaction is not affected.
(2) A creditor or assignee has no liability under this part for any failure to comply with any requirement imposed under this title if within 60 days after discovering an error, and prior to the institution of an action under this chapter or the receipt of written notice of the error from the debtor, the creditor or assignee notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.
(3) No provision of this part imposing any penalty applies to any action done or omitted in good faith in conformity with some provision of this title, notwithstanding that after the action or omission has occurred the provision is amended, rescinded, or determined by judicial or other competent authority to be invalid for any reason.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 1 - Powers and Functions of Department › Section 101 - Administration of title.

70C-8-101.
Administration of title.
(1) As used in this chapter, "department" means the Department of Financial Institutions.
(2) This title shall be administered by the department.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 1 - Powers and Functions of Department › Section 102 - Powers of department -- Conformity with federal law -- Reliance on rules.

70C-8-102.
Powers of department -- Conformity with federal law -- Reliance on rules.
(1) In addition to other powers granted by this title, the department, within the limitations provided by law, may:
(a) receive and act on complaints, take action designed to obtain voluntary compliance with this title, or commence administrative or judicial proceedings on its own initiative;
(b) counsel persons and groups on their rights and duties under this title;
(c) establish programs for the education of consumers with respect to credit practices and problems;
(d) make studies appropriate to effectuate the purposes and policies of this title and make the results available to the public;
(e) adopt, amend, and repeal rules to supplement, interpret, or carry out the provisions of this title;
(f) maintain offices within this state; and
(g) employ any necessary hearing examiners, clerks, and other employees and agents.
(2) The department may adopt rules that supersede any provisions of this title that are or come into conflict with the Federal Consumer Credit Protection Act or its implementing Regulation Z if the department:
(a) finds such a conflict to exist; and
(b) declares that the purpose of superseding this title is to resolve that conflict.
(3) Except for refund of an excess charge, no liability is imposed under this title for an act done or omitted in conformity with the rule of the department, notwithstanding that after the act or omission the rule may be amended or repealed or be determined by judicial or other competent authority to be invalid for any reason.
(4) A rule or any part of a rule adopted by the department under this title may not be determined by any judicial or other authority to be invalid in whole or in part unless such judicial or other authority expressly finds that the rule or part of the rule is arbitrary, capricious, and constitutes an abuse of discretion, or exceeds the authority granted to the department by this title, or is otherwise unlawful.
(5) The department shall coordinate with representatives of education, government, and the financial services industry and assist in the preparation of an initiative to develop, implement, and monitor a financial services education curriculum that is:
(a) to be made available to the public; and
(b) appropriate for use in the public schools.
Amended by Chapter 43, 2013 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 1 - Powers and Functions of Department › Section 103 - Investigatory powers -- Evidence.

70C-8-103.
Investigatory powers -- Evidence.
(1) The department shall conduct studies and examinations of parties subject to this title it deems necessary and appropriate to monitor the kinds and amounts of credit that are being extended to consumers in this state to determine whether violations of this title and other applicable laws, rules, and regulations pertaining to consumer credit are occurring and the frequency and seriousness of them, and to obtain additional information the department deems necessary or useful to perform its duties as administrator of this title.
(2) In addition to the studies and examinations provided for in Subsection (1), if the department has probable cause to believe that a party has engaged in an act which is subject to action by the department, it may make an investigation to determine if the act has been committed. To the extent necessary for this purpose, the department may administer oaths or affirmations under penalty of perjury, and, upon its own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence under penalty of perjury, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things of any kind or nature 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.
(3) If the department requires the production of records which are located outside this state, the party shall either make them available to the department at a convenient location within this state or pay the reasonable and necessary expenses for the department to examine them at the place where they are maintained. The department may designate representatives, including officials of the state in which the records are located, to inspect them on its behalf.
(4) Upon failure without lawful excuse to obey a subpoena or give testimony, and upon reasonable notice to all affected persons, the department may apply to the district court for an order compelling compliance.
(5) The department may not make public the name or identity of a person whose acts or conduct it investigates pursuant to this section or the facts disclosed in the investigation.
(6) Subsection (5) does not apply to disclosures in enforcement proceedings conducted pursuant to this title.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 1 - Powers and Functions of Department › Section 105 - Judicial review.

70C-8-105.
Judicial review.
(1) Any party aggrieved by any rule, order, temporary order, decision, ruling, or other act or failure to act by the department under this title is entitled to judicial review. Within 30 days after receiving notice of a rule, order, temporary order, decision, or other ruling, or within 120 days after the department has failed to act upon a request or application, the aggrieved party may file an application for judicial review with a court of competent jurisdiction in the county in which the applicant is located or in the Third District Court. The court may void any rule, order, temporary order, decision, ruling, or other act of the department it finds to be arbitrary, capricious, an abuse of discretion, in excess of the department's authority, or otherwise contrary to law.
(2) Any party upon showing that it may be subject to potential irreparable injury by any proposed rule or order of the department may, without exhausting its administrative remedies, apply for a declaratory judgment as to any question of law arising out of the rule or order. The applications shall be filed in the Third District Court.
(3) Any action for judicial review of acts or failures to act of the department shall be heard by the court and shall be based on the record made before the department unless the court finds good cause to admit additional and otherwise proper evidence.
(4) Filing an application for judicial review does not stay the adoption or enforcement of any rule, order, temporary order, decision, or ruling of the department. The court may expressly stay any rule, order, decision, or ruling of the department during the pendency of judicial proceedings challenging them upon terms and conditions it deems appropriate after finding that the possible harm to all interested parties is, on balance, likely to be less if the stay is imposed, or if the applicant and the department stipulate to the imposition of a stay.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 1 - Powers and Functions of Department › Section 106 - Debtor's remedies not affected.

70C-8-106.
Debtor's remedies not affected.
The grant of powers to the department in this chapter does not affect any remedies available to debtors under this title or under other principles of law or equity.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 1 - Powers and Functions of Department › Section 107 - Temporary or injunctive relief against unconscionable and fraudulent conduct.

70C-8-107.
Temporary or injunctive relief against unconscionable and fraudulent conduct.
(1) The department may bring a civil action to enjoin a person subject to this title from:
(a) making or enforcing a term of consumer credit transactions that is unconscionable;
(b) engaging in fraudulent conduct in inducing consumers to enter into a consumer credit transaction; or
(c) engaging in conduct of the type specified in Subsection (1)(a) or (b) with respect to a transaction that gives rise to or leads a person to believe will give rise to a consumer credit transaction.
(2) An action brought pursuant to this section is subject to the requirements of Utah Rules of Civil Procedure, Rule 65A.
Enacted by Chapter 208, 1999 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 2 - Notification and Fees › Section 201 - Applicability.

70C-8-201.
Applicability.
(1) Except as provided in Subsection (2), this part applies to:
(a) a creditor that is subject to this title; and
(b) a party who:
(i) has an office or place of business in this state; and
(ii) takes an assignment of or undertakes direct collection of a payment from or enforcement of a right against a debtor arising from a consumer credit transaction.
(2) Except where otherwise indicated, the following are exempt from this part:
(a) a depository institution as defined in Section 7-1-103 that is federally insured; and
(b) a wholly owned subsidiary of a depository institution described in Subsection (2)(a).
Amended by Chapter 72, 2009 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 2 - Notification and Fees › Section 202 - Notification.

70C-8-202.
Notification.
(1)
(a) A party who is subject to this part shall file notification with the department at least 30 days before commencing business in this state.
(b) After filing the notification required by Subsection (1)(a), a party shall file a notification on or before January 31 of each year.
(c) A notification required by this Subsection (1) shall:
(i) state the name of the party;
(ii) state the name in which the business is transacted if different from that required in Subsection (1)(c)(i);
(iii) state the address of the party's principal office, which may be outside this state;
(iv) state the address of:
(A) each office or retail store, if any, in this state at which credit is offered or extended to a consumer; or
(B) in the case of a party taking an assignment of an obligation, each office or place of business within this state at which business is transacted;
(v) if credit is extended to a consumer other than at an office or retail store in this state, state a brief description of the manner in which the credit transaction occurs;
(vi) state the name and address in this state of a designated agent upon whom service of process may be made;
(vii) submit evidence satisfactory to the commissioner that the person is authorized to conduct business in this state as a domestic or foreign entity pursuant to filings with the Division of Corporations and Commercial Code under Title 16, Corporations, or Title 48, Unincorporated Business Entity Act; and
(viii) provide any other information considered pertinent by the department.
(2) If information in a notification becomes inaccurate after filing, a party is not required to file further notification until required to renew the party's notification.
(3)
(a) A party who fails to file a notification or pay a fee required by this part may not extend credit to a consumer in this state until the party fully complies with this part.
(b) A party who willfully violates this Subsection (3) is guilty of a class B misdemeanor.
Amended by Chapter 73, 2013 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 8 - Administration › Part 2 - Notification and Fees › Section 203 - Fees -- Examinations.

Effective 5/13/2014
70C-8-203.
Fees -- Examinations.
(1) A party required to file notification under Section 70C-8-202 shall, on or before January 31 of each year, pay to the department an annual fee of $100.
(2) In addition to filing notification, a party subject to this part, and a depository institution subject to this title:
(a) may be required to make a book or record relating to a consumer credit transaction available to the department or its authorized representative for examination; and
(b) shall pay to the department a fee to be set by the department based on an hourly rate per each examiner.
(3) No portion of a fee paid or owed to the department under this part is refundable because a party voluntarily or involuntarily ceases to extend credit to consumers:
(a) during the period covered by the fee; or
(b) before the time of an examination by the department of a book or record pertaining to a preceding consumer credit transaction.
Amended by Chapter 97, 2014 General Session