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5-19-17
Section 5-19-17 Inducing obligation on more than one contract in order to obtain higher
finance charge prohibited; consolidation of existing precomputed consumer credit transaction
contract and subsequent precomputed consumer credit transaction. (a) No creditor shall induce
or permit any person or any husband and wife, jointly or severally, to become obligated directly
or contingently, or both, on more than one consumer credit transaction at the same time for
the purpose of obtaining a higher finance charge than would otherwise be permitted by Section
5-19-3. This subsection shall not apply to the maintenance of two or more separate consumer
credit transactions where the consumer credit transactions were created on different dates.
(b) It shall be unlawful for any seller to evade or attempt to evade this section by
inducing a buyer to become obligated to another creditor in which the initial creditor has
a pecuniary interest or with whom the initial creditor has an arrangement for...
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5-19-4
Section 5-19-4 Additional charges for default or deferral; prepayment; renewal or refinancing;
real property transactions. (a) When a scheduled payment in a consumer credit transaction
is in default 10 days or more, the creditor may charge and collect a late charge not exceeding
the greater of eighteen dollars ($18) or five percent of the amount of the scheduled payment
in default, not to exceed one hundred dollars ($100). The late charge may be collected only
once on any scheduled payment, regardless of the period during which the scheduled payment
remains in default. (b) With respect to the deferral of one or more wholly unpaid scheduled
payments in a consumer credit transaction, in which the finance charge was determined by the
precomputed method, the creditor may collect, by agreement with the debtor either before or
after default, an additional charge for each full month that any wholly unpaid scheduled payments
are outstanding after the due date of each scheduled payment equal to...
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5-19-6
Section 5-19-6 Copies of instruments signed by debtors to be furnished to debtors; required
statement in contracts, etc.; limitation on disclosure requirements; intent, applicability
of limitation. (a) Any creditor, when extending credit with respect to a consumer credit transaction,
other than under an open-end credit plan, shall at that time furnish to the debtor a copy
of each instrument executed by the debtor in connection with the consumer credit transaction.
The consumer credit transaction contract or note shall contain the following statement in
eight point or larger type immediately above the space for the borrower's signature. "CAUTION
- IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT." (b) No disclosures
are required by this chapter to be made by a creditor with respect to any transaction other
than disclosures required by regulations made by the administrator pursuant to Section
5-19-21 and disclosures required by subsection (a) above and by Sections...
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5-19-20
Section 5-19-20 Insurance. (a) With respect to any consumer credit transaction, the
creditor shall not require any insurance other than insurance against loss of or damage to
any property in which the creditor is given a security interest and insurance insuring the
lien of the creditor on the property which is collateral for the transaction. (b) (1) Credit
life and disability and involuntary unemployment insurance may be offered and, if accepted,
may be provided by the creditor. The charge to the debtor for the insurance shall not exceed
the premium permitted for the coverages. Insurance with respect to any credit transaction
shall not exceed the approximate amount and term of the credit. (2) This subdivision (2) applies
to all consumer credit transactions entered into on or after June 19, 1996. If the consumer
credit transaction is scheduled to be repaid in substantially equal installments which include
a portion of the amount financed, the amount of credit life insurance at any time...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the
context otherwise requires: (a) "Buyer in ordinary course of business" means a person
who in good faith and without knowledge that the sale to him or her is in violation of the
ownership rights or security interest or leasehold interest of a third party in the goods,
buys in ordinary course from a person in the business of selling goods of that kind but does
not include a pawnbroker. "Buying" may be for cash or by exchange of other property
or on secured or unsecured credit and includes receiving goods or documents of title under
a pre-existing contract for sale but does not include a transfer in bulk or as security for
or in total or partial satisfaction of a money debt. (b) "Cancellation" occurs when
either party puts an end to the lease contract for default by the other party. (c) "Commercial
unit" means such a unit of goods as by commercial usage is a single whole for purposes
of lease and...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns;
purchaser's rights. (a) A purchase of consumer goods or services ordered as a result of a
commercial telephone solicitation as defined in this chapter, if not followed by a signed
written contract, is not final. If a contract is not made in compliance with this section,
it is not valid and enforceable against the purchaser. The contract made pursuant to a commercial
telephone solicitation shall: (1) Be reduced to writing and be signed by the purchaser. (2)
Match the description of the goods or services as that principally used in the telephone solicitation.
(3) Contain the name, address, telephone number, and registration number of the commercial
telephone seller and the salesperson, the total price of the contract, and a detailed description
of the goods or services being sold. (4) Contain the value or worth of any item, good, or
service specified in Section 8-19A-13, and the basis for the...
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5-19-1
Section 5-19-1 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings respectively ascribed to them by this section: (1) FINANCE
CHARGE. The sum of all charges, payable directly or indirectly by the person to whom credit
is extended, and imposed directly or indirectly by the creditor as an incident to the extension
of credit. The amount of the finance charge in connection with any credit transaction (i)
shall be determined, and shall include and exclude the fees and charges, as provided by Section
106 of the Federal Truth-in-Lending Act, 15 U.S.C. Section 1605 and the regulations
of the Federal Reserve Board promulgated pursuant to the Federal Truth-in-Lending Act, 12
C.F.R. Part 226, and the Official Staff Commentary adopted by the Federal Reserve Board pursuant
to that regulation, and without limiting or affecting the foregoing subparagraph (i), (ii)
shall exclude, without limitation, late charges and other charges resulting from or...
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5-19-33
Section 5-19-33 Account maintenance fee. (a) In addition to other lawful charges permitted
under various state or federal laws, except under open-end credit plans, a creditor may, if
provided in the contract, charge an account maintenance fee of not more than three dollars
($3) for each month of the scheduled period of repayment of the credit transaction. The account
maintenance fee shall be determined at the date of the credit transaction and may be charged
in full at that time. The account maintenance fee as so determined shall not bear interest
and shall constitute a part of the finance charge. In the event of the renewal, refinance,
or payment in full of the credit transaction, the debtor shall be entitled to a refund or
credit of any unearned portion of the account maintenance fee under subsection (c) of Section
5-19-4, as of the date of such renewal, refinancing, or payment in full. (b) This section
shall not repeal, amend, modify, or diminish any right or power to charge and...
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27-40-9
Section 27-40-9 Service charges; prepayment of obligation. (a) For the purpose of this
section, "consumer insurance premium finance agreement" means an insurance
premium finance agreement as defined in Section 27-40-1 wherein the insurance contracts
which are the subject of the premium finance agreement are for personal, family, or household
purposes or where the premiums for those agreements are two thousand dollars ($2,000) or less.
For the purpose of this section, "commercial premium finance agreement" means
any insurance premium finance agreement other than a consumer premium finance agreement. (b)
A premium finance company shall not charge, contract for, receive, or collect a service charge
other than in accordance with the following provisions: (1) The service charge is to be computed
on the balance of the premium due, after subtracting the down payment made by the insured
in accordance with the premium finance agreement, from the effective date of the insurance
for which the...
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