reglab/statecodes huggingface dataset:
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 7 - Transition › Section 705 - Effectiveness of action taken before effective date.

70A-9a-705.
Effectiveness of action taken before effective date.
(1) If action, other than the filing of a financing statement, is taken before this act takes effect and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before this act takes effect, the action is effective to perfect a security interest that attaches under this act within one year after this act takes effect. An attached security interest becomes unperfected one year after this act takes effect unless the security interest becomes a perfected security interest under this act before the expiration of that period.
(2) The filing of a financing statement before this act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this act.
(3) This act does not render ineffective an effective financing statement that, before this act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former Section 70A-9-103. However, except as otherwise provided in Subsections (4) and (5) and Section 70A-9a-706, the financing statement ceases to be effective at the earlier of:
(a) the time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or
(b) June 30, 2006.
(4) The filing of a continuation statement after this act takes effect does not continue the effectiveness of the financing statement filed before this act takes effect. However, upon the timely filing of a continuation statement after this act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, Perfection and Priority, the effectiveness of a financing statement filed in the same office in that jurisdiction before this act takes effect continues for the period provided by the law of that jurisdiction.
(5) Subsection (3)(b) applies to a financing statement that, before this act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former Section 70A-9-103 only to the extent that Part 3, Perfection and Priority, provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(6) A financing statement that includes a financing statement filed before this act takes effect and a continuation statement filed after this act takes effect is effective only to the extent that it satisfies the requirements of Part 5, Filing, for an initial financing statement.
Enacted by Chapter 252, 2000 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 7 - Transition › Section 706 - When initial financing statement suffices to continue effectiveness of financing statement.

70A-9a-706.
When initial financing statement suffices to continue effectiveness of financing statement.
(1) The filing of an initial financing statement in the office specified in Section 70A-9a-501 continues the effectiveness of a financing statement filed before this act takes effect if:
(a) the filing of an initial financing statement in that office would be effective to perfect a security interest under this act;
(b) the pre-effective-date financing statement was filed in an office in another state or another office in this state; and
(c) the initial financing statement satisfies Subsection (3).
(2) The filing of an initial financing statement under Subsection (1) continues the effectiveness of the pre-effective-date financing statement:
(a) if the initial financing statement is filed before this act takes effect, for the period provided in former Section 70A-9-403 with respect to a financing statement; and
(b) if the initial financing statement is filed after this act takes effect, for the period provided in Section 70A-9a-515 with respect to an initial financing statement.
(3) To be effective for purposes of Subsection (1), an initial financing statement must:
(a) satisfy the requirements of Part 5, Filing, for an initial financing statement;
(b) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(c) indicate that the pre-effective-date financing statement remains effective.
Enacted by Chapter 252, 2000 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 7 - Transition › Section 707 - Amendment of pre-effective-date financing statement.

70A-9a-707.
Amendment of pre-effective-date financing statement.
(1) In this section, "pre-effective-date financing statement" means a financing statement filed before this act takes effect.
(2) After this act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3, Perfection and Priority. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(3) Except as otherwise provided in Subsection (4), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this act takes effect only if:
(a) the pre-effective-date financing statement and an amendment are filed in the office specified in Section 70A-9a-501;
(b) an amendment is filed in the office specified in Section 70A-9a-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Subsection 70A-9a-706(3); or
(c) an initial financing statement that provides the information as amended and satisfies Subsection 70A-9a-706(3) is filed in the office specified in Section 70A-9a-501.
(4) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Subsections 70A-9a-705(4) and (6) or Section 70A-9a-706.
(5) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after this act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Subsection 70A-9a-706(3) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3, Perfection and Priority, as the office in which to file a financing statement.
Enacted by Chapter 252, 2000 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 7 - Transition › Section 708 - Persons entitled to file initial financing statement or continuation statement.

70A-9a-708.
Persons entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1) the secured party of record authorizes the filing; and
(2) the filing is necessary under this part:
(a) to continue the effectiveness of a financing statement filed before this act takes effect; or
(b) to perfect or continue the perfection of a security interest.
Enacted by Chapter 252, 2000 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 7 - Transition › Section 709 - Priority.

70A-9a-709.
Priority.
(1) This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, former Chapter 9, Secured Transactions - Sales of Accounts, Contract Rights and Chattel Paper, determines priority.
(2) For purposes of Subsection 70A-9a-322(1), the priority of a security interest that becomes enforceable under Section 70A-9a-203 of this act dates from the time this act takes effect if the security interest is perfected under this act by the filing of a financing statement before this act takes effect which would not have been effective to perfect the security interest under former Chapter 9, Secured Transactions - Sales of Accounts, Contract Rights and Chattel Paper. This Subsection (2) does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
Enacted by Chapter 252, 2000 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 8 - Transition Provisions for 2010 Amendments › Section 801 - Savings clause.

70A-9a-801.
Savings clause.
(1) Except as otherwise provided in this part, Laws of Utah 2013, Chapter 225 applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.
(2)Laws of Utah 2013, Chapter 225 does not affect an action, case, or proceeding commenced before July 1, 2013.
Revisor instructions Chapter 225, 2013 General Session
Enacted by Chapter 225, 2013 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 8 - Transition Provisions for 2010 Amendments › Section 802 - Security interest perfected before effective date.

70A-9a-802.
Security interest perfected before effective date.
(1) A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this chapter as amended by Laws of Utah 2013, Chapter 225 if, when Laws of Utah 2013, Chapter 225 takes effect, the applicable requirements for attachment and perfection under this chapter as amended by Laws of Utah 2013, Chapter 225 are satisfied without further action.
(2) Except as otherwise provided in Section 70A-9a-804, if immediately before July 1, 2013, a security interest is a perfected security interest, but the applicable requirements for perfection under this chapter as amended by Laws of Utah 2013, Chapter 225 are not satisfied when Laws of Utah 2013, Chapter 225 takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under this chapter as amended by Laws of Utah 2013, Chapter 225 are satisfied within one year after July 1, 2013.
Revisor instructions Chapter 225, 2013 General Session
Enacted by Chapter 225, 2013 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 8 - Transition Provisions for 2010 Amendments › Section 803 - Security interest unperfected before effective date.

70A-9a-803.
Security interest unperfected before effective date.
A security interest that is an unperfected security interest immediately before Laws of Utah 2013, Chapter 225 takes effect becomes a perfected security interest:
(1) without further action, when Laws of Utah 2013, Chapter 225 takes effect if the applicable requirements for perfection under this chapter as amended by Laws of Utah 2013, Chapter 225 are satisfied before or at that time; or
(2) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Revisor instructions Chapter 225, 2013 General Session
Enacted by Chapter 225, 2013 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 8 - Transition Provisions for 2010 Amendments › Section 805 - When initial financing statement suffices to continue effectiveness of financing statement.

70A-9a-805.
When initial financing statement suffices to continue effectiveness of financing statement.
(1) The filing of an initial financing statement in the office specified in Section 70A-9a-501 continues the effectiveness of a financing statement filed before Laws of Utah 2013, Chapter 225 takes effect if:
(a) the filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter as amended by Laws of Utah 2013, Chapter 225;
(b) the pre-effective-date financing statement was filed in an office in another state; and
(c) the initial financing statement satisfies Subsection (3).
(2) The filing of an initial financing statement under Subsection (1) continues the effectiveness of the pre-effective-date financing statement:
(a) if the initial financing statement is filed before Laws of Utah 2013, Chapter 225 takes effect, for the period provided in unamended Section 70A-9a-515 with respect to an initial financing statement; and
(b) if the initial financing statement is filed after Laws of Utah 2013, Chapter 225 takes effect, for the period provided in Section 70A-9a-515 as amended by Laws of Utah 2013, Chapter 225 with respect to an initial financing statement.
(3) To be effective for purposes of Subsection (1), an initial financing statement must:
(a) satisfy the requirements of Part 5, Filing, as amended by Laws of Utah 2013, Chapter 225 for an initial financing statement;
(b) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(c) indicate that the pre-effective-date financing statement remains effective.
Revisor instructions Chapter 225, 2013 General Session
Enacted by Chapter 225, 2013 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 8 - Transition Provisions for 2010 Amendments › Section 806 - Amendment of pre-effective-date financing statement.

70A-9a-806.
Amendment of pre-effective-date financing statement.
(1) In this section, "pre-effective-date financing statement" means a financing statement filed before Laws of Utah 2013, Chapter 225 takes effect.
(2) After Laws of Utah 2013, Chapter 225 takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by Laws of Utah 2013, Chapter 225. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(3) Except as otherwise provided in Subsection (4), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after Laws of Utah 2013, Chapter 225 takes effect only if:
(a) the pre-effective-date financing statement and an amendment are filed in the office specified in Section 70A-9a-501;
(b) an amendment is filed in the office specified in Section 70A-9a-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Subsection 70A-9a-805(3); or
(c) an initial financing statement that provides the information as amended and satisfies Subsection 70A-9a-805(3) is filed in the office specified in Section 70A-9a-501.
(4) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Subsections 70A-9a-804(3) and (5) or Section 70A-9a-805.
(5) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after Laws of Utah 2013, Chapter 225 takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Subsection 70A-9a-805(3) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this chapter as amended by Laws of Utah 2013, Chapter 225 as the office in which to file a financing statement.
Revisor instructions Chapter 225, 2013 General Session
Enacted by Chapter 225, 2013 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 8 - Transition Provisions for 2010 Amendments › Section 807 - Person entitled to file initial financing statement or continuation statement.

70A-9a-807.
Person entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1) the secured party of record authorizes the filing; and
(2) the filing is necessary under this part:
(a) to continue the effectiveness of a financing statement filed before Laws of Utah 2013, Chapter 225 takes effect; or
(b) to perfect or continue the perfection of a security interest.
Revisor instructions Chapter 225, 2013 General Session
Enacted by Chapter 225, 2013 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 9a - Uniform Commercial Code - Secured Transactions › Part 8 - Transition Provisions for 2010 Amendments › Section 808 - Priority.

70A-9a-808.
Priority.
Laws of Utah 2013, Chapter 225 determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before Laws of Utah 2013, Chapter 225 takes effect, this chapter as it existed before amendment determines priority.
Revisor instructions Chapter 225, 2013 General Session
Enacted by Chapter 225, 2013 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 10 - Effective Date and Repealer › Section 102 - Specific repealer -- Provision for transition.

70A-10-102.
Specific repealer -- Provision for transition.
(1) The following acts and all other acts and parts of acts inconsistent herewith are hereby repealed:
(a) Uniform Negotiable Instruments Act, Title 44, U.C.A., 1953;
(b) Uniform Warehouse Receipts Act, Title 72, U.C.A., 1953;
(c) Uniform Sales Act, Title 60, U.C.A., 1953;
(d) Uniform Stock Transfer Act, Title 16, Chapter 3, U.C.A., 1953;
(e) Uniform Trust Receipts Act, Title 9, Chapter 2, U.C.A., 1953;
(f)Title 9, Chapter 1, U.C.A., 1953;
(g)Title 9, Chapter 3, U.C.A., 1953;
(h)Title 25, Chapter 2, U.C.A., 1953;
(i)Title 25, Chapter 3, U.C.A., 1953;
(j)Title 25, Chapter 4, U.C.A., 1953; and
(k) Sections 7-3-48; 7-3-49; 7-3-52; 7-3-63; 7-3-64; 7-3-65; 11-6-2; 56-1-23; 56-1-24, U.C.A., 1953.
(2) Transactions validly entered into before the effective date specified in Section 70A-10-101 and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this act as though such repeal or amendment had not occurred.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 70A - Uniform Commercial Code › Chapter 10 - Effective Date and Repealer › Section 104 - Laws not repealed.

70A-10-104.
Laws not repealed.
Chapter 7a, Uniform Commercial Code - Documents of Title, does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title as defined in Section 70A-1a-201.
Amended by Chapter 272, 2007 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 1 - Short Title, Construction, General Provisions › Section 102 - Purposes -- Rules of construction.

70C-1-102.
Purposes -- Rules of construction.
(1) This title shall be liberally construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of this title are:
(a) to further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable cost;
(b) to prohibit certain unfair practices; and
(c) to avoid the duplication of laws and regulations pertaining to consumer credit between state and federal authorities and to supplement applicable federal laws and regulations.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 1 - Short Title, Construction, General Provisions › Section 103 - General principles of law apply -- Treatment of charge or fee.

70C-1-103.
General principles of law apply -- Treatment of charge or fee.
(1) Unless displaced by the particular provisions of this title, the Uniform Commercial Code and the principles of law and equity, including without limitation the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy shall supplement its provisions.
(2) A charge or fee described in Section 70C-1-106 assessed by a depository institution as defined by Section 7-1-103 in accordance with this title may not be considered void as a penalty or otherwise unenforceable under statute or common law.
Amended by Chapter 180, 1999 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 1 - Short Title, Construction, General Provisions › Section 104 - Construction against implied repeal.

70C-1-104.
Construction against implied repeal.
No part of this title may be deemed to be impliedly repealed by subsequent legislation if the construction can reasonably be avoided.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 1 - Short Title, Construction, General Provisions › Section 105 - Limitations by other laws not displaced.

70C-1-105.
Limitations by other laws not displaced.
This title does not displace limitations on powers an organization is authorized to exercise under the laws of this state or the United States.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 1 - Short Title, Construction, General Provisions › Section 106 - Determination of interest rate.

70C-1-106.
Determination of interest rate.
For purposes of determining the interest rate allowed by the laws of this state under Section 85 of the National Bank Act and Sections 521 and 522 of the Depository Institutions Deregulation and Monetary Control Act of 1980, all finance charges, all fees charged for participation in a credit plan, whether assessed on an annual or other periodic basis, all transaction fees, all delinquency and deferral fees, all fees charged for exceeding a designated credit limit, all fees charged for each return of a dishonored check or negotiable order of withdrawal or draft, all fees charged for stopping payment, and all other charges permitted under Section 70C-2-101 are considered to be interest under the laws of the state of Utah. Notwithstanding the foregoing, a credit plan agreement that provides for any such fees shall disclose them separately from the interest rate in a manner consistent with Regulation Z of the Board of Governors of the Federal Reserve System.
Amended by Chapter 177, 1990 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 2 - Scope and Jurisdiction › Section 201 - Covered transactions.

70C-1-201.
Covered transactions.
Except as provided in Section 70C-1-202, the provisions of this title apply to all credit offered or extended by a creditor to an individual person primarily for personal, family, or household purposes.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 2 - Scope and Jurisdiction › Section 202 - Exempted transactions.

Effective 5/13/2014
70C-1-202.
Exempted transactions.
(1) Notwithstanding the exceptions in Subsection (2), parties to a credit transaction that is otherwise exempt from this title may explicitly agree in writing that the transaction is subject to this title. The agreement shall specifically reference Title 70C, Utah Consumer Credit Code.
(2) This title does not apply to any of the following:
(a) an extension of credit:
(i) primarily for business, commercial, or agricultural purposes; or
(ii) to other than a natural person including government agencies or instrumentalities;
(b) a closed-end extension of credit secured by a first lien or equivalent security interest on a dwelling or building lot;
(c) a transaction in securities or commodities accounts in which credit is extended by a broker-dealer registered with the:
(i) Securities and Exchange Commission; or
(ii) Commodity Futures Trading Commission;
(d) an extension of credit:
(i) not secured by:
(A) real property; or
(B) personal property used or expected to be used as the principal dwelling of the consumer; and
(ii)
(A) in which the amount financed exceeds $50,000 adjusted annually for inflation by the commissioner by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; or
(B) in which there is an express written commitment to extend credit in excess of the amount determined under Subsection (2)(d)(ii)(A);
(e) a transaction under public utility or common carrier tariffs if a subdivision of this state or the United States regulates:
(i) the charges for the services involved;
(ii) the charges for delayed payment; and
(iii) a discount allowed for early payment;
(f) the sale of insurance by an insurer except as otherwise provided in Chapter 6, Insurance;
(g) a transaction with a party acting as a pawnbroker and licensed by any governmental authority in this state;
(h)
(i) a loan made, insured, or guaranteed pursuant to a program authorized by Title IV of the Higher Education Act of 1965, 20 U.S.C. Sec. 1070, et seq.; or
(ii) a loan:
(A) that finances tuition and other expenses:
(I) charged in connection with enrollment:
(Aa) at a public or proprietary preprimary, secondary, vocational, or postsecondary school; or
(Bb) in any tutorial, continuing education, test preparation, distance-learning, or similar program; and
(II) including:
(Aa) tuition;
(Bb) fees;
(Cc) books;
(Dd) housing; and
(Ee) other expenses;
(B) that is:
(I) made, insured, or guaranteed under a state program; or
(II) made by a federally insured depository institution; and
(C) including a loan that consolidates or refinances a loan described in this Subsection (2)(h)(ii); and
(i) a rental purchase agreement as defined in Section 15-8-3.
Amended by Chapter 97, 2014 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 2 - Scope and Jurisdiction › Section 203 - Limitation on creditor's remedies in out-of-state transactions.

70C-1-203.
Limitation on creditor's remedies in out-of-state transactions.
The part on limitations on creditors' remedies, Sections 70C-7-101 through 70C-7-107, applies to any actions or other proceedings brought in this state to enforce rights arising from a consumer credit contract or consumer credit transaction of any kind, wherever made.
Amended by Chapter 93, 1990 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 3 - Definitions › Section 301 - Interpretation consistent with federal law.

70C-1-301.
Interpretation consistent with federal law.
Except as otherwise defined, all definitions or terms used in this title have the same meaning as when used in the federal Consumer Credit Protection Act, 15 U.S.C. Sections 1601 through 1677, as amended, and its implementing Regulation Z.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 1 - General Provisions and Definitions › Part 3 - Definitions › Section 302 - Definitions.

70C-1-302.
Definitions.
As used in this title:
(1) "Agreement" means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:
(a) course of dealing;
(b) usage of trade; or
(c) course of performance.
(2) "Contract" means a document containing written terms and conditions of a credit agreement.
(3)
(a) "Creditor" means:
(i) a party:
(A) who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and
(B) to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;
(ii) an issuer of a credit card that extends either open-end credit or credit that:
(A) is not subject to a finance charge; and
(B) is not payable by written agreement in more than four installments; and
(iii) an issuer of a credit card that extends closed-end credit that:
(A) is subject to a finance charge; or
(B) is payable by written agreement in more than four installments.
(b)
(i) For purposes of this Subsection (3), a party is considered to extend consumer credit regularly only if the party extends credit in the preceding calendar year:
(A) more than 25 times; or
(B) more than five times for a transaction secured by a dwelling.
(ii) If a person does not meet the numerical standards described in Subsection (3)(b)(i) in the preceding calendar year, the numerical standards shall be applied to the current calendar year.
(4) "Dwelling" means a residential structure attached to real property that contains one to four units including any of the following if used as a residence:
(a) a condominium unit;
(b) a cooperative unit;
(c) a manufactured home; or
(d) a house.
(5) "Earnings" means compensation paid or payable to an individual or for the individual's account for personal services rendered or to be rendered by the individual whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension, retirement, or disability program.
(6) "Installment" means a payment upon a debt that is part of a series of payments, each of which is less than the original amount of the debt and scheduled as to a specific amount and due date by agreement of the parties for the purpose of repaying the debt.
(7) "Party" means an individual and any other entity legally capable of entering into a binding contract.
Amended by Chapter 72, 2009 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 1 - Consumer Credit Agreements › Section 101 - Finance and other charges.

70C-2-101.
Finance and other charges.
Except where restricted or otherwise covered by provisions of this title, the parties to a consumer credit agreement may contract for payment by the debtor of any finance charge and other charges and fees.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 1 - Consumer Credit Agreements › Section 102 - Delinquency charges.

70C-2-102.
Delinquency charges.
(1)
(a) The parties to any consumer credit agreement may contract for a delinquency charge on any installment not paid in full by its scheduled due date in an amount not exceeding the greater of:
(i) $30; or
(ii) 5% of the delinquent unpaid amount of the installment.
(b) Notwithstanding Subsection (1)(a), in a contract, renewed, executed, or modified on or after May 3, 1999, a depository institution as defined in Section 7-1-103 may contract for and collect a delinquency charge on an installment not paid in full by its scheduled due date in excess of the limitation imposed under Subsection (1)(a).
(2) This section may not be interpreted to require a creditor to accept a partial payment for an installment.
(3)
(a) A delinquency charge as authorized by this section may be collected only once on each installment regardless of how long it remains delinquent.
(b) A delinquency charge may not be collected if:
(i) the installment has been deferred; and
(ii) a deferral charge under Section 70C-2-103 has been paid or incurred.
(c) A delinquency charge may be collected:
(i) at the time it accrues; or
(ii) any time after it accrues.
Amended by Chapter 171, 1999 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 1 - Consumer Credit Agreements › Section 103 - Deferral charges.

70C-2-103.
Deferral charges.
(1) The parties to any consumer credit agreement before or after default may agree in writing to defer all or part of one or more unpaid installments. Except in connection with an open-end credit agreement, the parties may also agree in writing at any time that if an installment is not paid within 10 days after its due date, the creditor may unilaterally grant a deferral. The creditor may collect a reasonable charge which the debtor expressly agrees to pay as consideration for a deferral. A deferral charge may be collected at the time it accrues or at any time thereafter.
(2) A delinquency charge made by the creditor on an installment may not be retained if a deferral charge is agreed to under this section covering the same period of delinquency. A creditor that accelerates the maturity of a consumer credit debt may not make or collect a deferral charge for any period following the date acceleration is declared.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 1 - Consumer Credit Agreements › Section 104 - Advances to perform covenants of buyer.

70C-2-104.
Advances to perform covenants of buyer.
If a consumer credit agreement contains covenants by the debtor to perform certain duties pertaining to insuring or preserving collateral and the creditor pursuant to the agreement pays for performance of the duties on behalf of the debtor, the creditor may add the amounts paid to the unpaid principal of the debt.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 1 - Consumer Credit Agreements › Section 105 - Attorney's fees.

70C-2-105.
Attorney's fees.
A consumer credit agreement may provide for the payment of reasonable attorney's fees in the event of default and referral to an attorney including one who is a salaried employee of the creditor or its assignee.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 2 - Limitations on Agreements and Practices › Section 201 - Authorization to confess judgment prohibited.

70C-2-201.
Authorization to confess judgment prohibited.
A creditor or its successor in interest may not, directly or indirectly, take or receive from a debtor an obligation that constitutes or contains a cognovit or confession of judgment, warrant of attorney, or other waiver of the right to notice and the opportunity to be heard in the event of suit or process thereon.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 2 - Limitations on Agreements and Practices › Section 202 - Assignment of earnings prohibited.

70C-2-202.
Assignment of earnings prohibited.
A creditor may not directly or indirectly take or receive from a debtor an obligation that constitutes or contains an assignment of wages or other earnings unless
(1) the assignment by its own terms is revocable at the will of the debtor;
(2) the assignment is a payroll deduction plan, commencing at the time of the transaction, in which the debtor authorized a series of wage deductions as a method of making each payment; or
(3) the assignment applies only to wages or other earnings already earned at the time of the assignment.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 2 - Limitations on Agreements and Practices › Section 203 - Additional security in consumer leases prohibited.

70C-2-203.
Additional security in consumer leases prohibited.
A lessor, in order to secure the debt arising from a consumer lease, may not take a security interest in the dwelling of the lessee. A security interest taken in violation of this section is void from its inception.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 2 - Limitations on Agreements and Practices › Section 204 - Certain negotiable instruments prohibited.

70C-2-204.
Certain negotiable instruments prohibited.
With respect to a consumer credit sale not involving real property, the seller may not take a negotiable instrument under Section 70A-3-104 other than a check as evidence of the obligation of the buyer. A holder is not in good faith under Subsection 70A-1a-201(2)(t) if he takes a negotiable instrument with notice that it is issued in violation of this section. A holder in due course under Section 70A-3-302 is not subject to the liabilities set forth in the provisions on the effect of violations on rights of parties under Section 70C-7-201.
Amended by Chapter 272, 2007 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 2 - Limitations on Agreements and Practices › Section 205 - Assignee subject to defenses.

70C-2-205.
Assignee subject to defenses.
With respect to a consumer credit sale, an assignee of the rights of the seller is subject to all defenses of the buyer against the seller arising out of the credit sale, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time the defense is asserted against the assignee, and the rights of the buyer may only be asserted as a matter of defense to or setoff against a claim by the assignee.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 2 - Limitations on Agreements and Practices › Section 206 - Settlement of claims.

70C-2-206.
Settlement of claims.
(1) A claim by a debtor against a creditor for an excess charge, other violation of this title, or civil penalty if disputed in good faith, may be settled by agreement for less value than the amount claimed, unless a court, as a matter of law, finds the settlement to have been unconscionable at the time it was made.
(2) A claim, whether or not disputed, against a debtor may be settled for less value than the amount claimed.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 2 - Finance Charges and Related Provisions › Part 2 - Limitations on Agreements and Practices › Section 207 - Referral sales.

70C-2-207.
Referral sales.
With respect to a 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 buyer as an inducement for a sale in consideration of his giving to the seller the names of prospective purchasers 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 subsequent to the time the buyer agrees to buy. If a buyer is induced by a violation of this section to enter into a consumer credit sale, the agreement is unenforceable by the seller and the buyer may rescind the agreement and retain any goods delivered until all payments made by the debtor have been fully refunded to him. The buyer may retain the benefit of any services performed without any obligation to pay for them. This section does not apply if any goods delivered to the buyer are damaged while in the buyer's possession or are not delivered to the seller at the buyer's residence, or at any other place agreed on by the parties, within a reasonable time after the seller tenders or delivers a full refund of all payments to the buyer.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 3 - Closed-End Consumer Credit Debt › Section 102 - Balloon payment.

70C-3-102.
Balloon payment.
If any scheduled payment of a closed-end consumer credit debt is more than twice as large as the average of all earlier scheduled payments, the debtor has the right to refinance the amount of that payment at the time it is due if the creditor is still offering that type of credit and the debtor is credit worthy. Credit terms may be no less favorable than those offered to the general public by the creditor for the same type of credit at the time a request for refinancing is accepted.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 3 - Closed-End Consumer Credit Debt › Section 103 - Delinquency charges -- Conversion of account.

70C-3-103.
Delinquency charges -- Conversion of account.
(1) With respect to a closed-end loan, a delinquency charge may not be assessed on a payment that is a payment in full for the scheduled installment period solely because of an unpaid delinquency charge relating to an earlier installment.
(2)
(a) With respect to a closed-end loan other than one in which the finance charge is based on unpaid daily balances, if two payments or parts of two payments are past due for more than 10 days, the lender may convert the loan to one in which the finance charge is based on unpaid daily balances.
(b) In the event of conversion under Subsection (2)(a):
(i) the creditor shall calculate the unpaid balance of the debt in accordance with the provisions governing rebate on prepayment under Section 70C-3-101 as of the due date of the first delinquent installment; and
(ii) after the conversion the creditor may collect a finance charge not exceeding the annual rate agreed upon by the parties.
Amended by Chapter 162, 2005 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 3 - Closed-End Consumer Credit Debt › Section 104 - Class actions.

70C-3-104.
Class actions.
(1) In accordance with this section, a creditor may contract with the debtor of a closed-end consumer contract for a waiver by the debtor of the right to initiate or participate in a class action related to the closed-end consumer contract.
(2) To contract for the waiver described in Subsection (1), the creditor shall disclose the waiver:
(a) to the debtor;
(b) in the closed-end consumer contract; and
(c) for a closed-end consumer contract entered into on or after August 1, 2006, in:
(i) bold type; or
(ii) all capital letters.
Enacted by Chapter 172, 2006 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 4 - Open-End Consumer Credit Contract › Section 103 - Finance charge for open-end accounts.

70C-4-103.
Finance charge for open-end accounts.
With respect to an open-end consumer credit contract, a finance charge may only be calculated during any particular billing cycle on the basis of either:
(1) the average or actual daily balance of the account; or
(2) the unpaid balance of the account on the last day of the billing cycle after deducting payments and credits received during the same cycle.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 4 - Open-End Consumer Credit Contract › Section 104 - Redundant delinquency charges prohibited.

70C-4-104.
Redundant delinquency charges prohibited.
With respect to an open-end account, no delinquency charge may be assessed on a payment that is otherwise a payment in full for the applicable period solely because of an unpaid delinquency charge relating to an earlier installment.
Enacted by Chapter 133, 1991 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 4 - Open-End Consumer Credit Contract › Section 105 - Class actions.

70C-4-105.
Class actions.
(1) In accordance with this section, a creditor may contract with the debtor of an open-end consumer credit contract for a waiver by the debtor of the right to initiate or participate in a class action related to the open-end consumer credit contract.
(2) To contract for the waiver described in Subsection (1), the creditor shall disclose the waiver:
(a) to the debtor;
(b) in the open-end consumer credit contract; and
(c) for an open-end consumer credit contract entered into on or after August 1, 2006, in:
(i) bold type; or
(ii) all capital letters.
Enacted by Chapter 172, 2006 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 5 - Home Solicitation Sales › Section 101 - Definition -- Home solicitation sale.

70C-5-101.
Definition -- Home solicitation sale.
As used in this chapter, "home solicitation sale" means a consumer credit sale of goods or services in which the seller or a person acting for him engages in a face-to-face solicitation of the sale at a residence or place of employment of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to preexisting open-end accounts, or a sale made between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.
Enacted by Chapter 159, 1985 General Session
2023 Utah Code › Title 70C - Utah Consumer Credit Code › Chapter 5 - Home Solicitation Sales › Section 102 - Buyer's right to cancel.

70C-5-102.
Buyer's right to cancel.
(1) Except as provided in Subsection (5), in addition to any right otherwise to revoke an offer, the buyer has the right to 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 chapter.
(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 deposited in a mailbox properly addressed and postage prepaid.
(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.
(5) The buyer may not cancel a home solicitation sale if:
(a) the buyer requests the seller to provide goods or services without delay because of an emergency;
(b) the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation; and
(c) in the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
(6) This section does not displace any rights the buyer may have under other sections of this title, other statutes of this state, or federal law.
Enacted by Chapter 159, 1985 General Session