7-24-202 - Operational requirements for title loans.
7-24-202. Operational requirements for title loans.
(1) A title lender shall:
(a) post in a conspicuous location on its premises that can be viewed by a person seekinga title loan:
(i) a complete schedule of any interest or fees charged for a title loan that states theinterest and fees:
(A) as dollar amounts; and
(B) as annual percentage rates; and
(ii) a telephone number a person may call to make a complaint to the departmentregarding a title loan;
(b) enter into a written contract for the title loan containing:
(i) the name of the person receiving the title loan;
(ii) the transaction date;
(iii) the amount of the title loan;
(iv) a statement of the total amount of any interest or fees that may be charged for thetitle loan, expressed as:
(A) a dollar amount; and
(B) an annual percentage rate; and
(v) (A) the name and address of the designated agent required to be provided thedepartment under Subsection 7-24-201(2)(d)(vi); and
(B) a statement that service of process may be made to the designated agent;
(c) provide the person seeking the title loan a copy of the written contract described inSubsection (1)(b);
(d) prior to the execution of the title loan:
(i) orally review with the person seeking the title loan the terms of the title loanincluding:
(A) the amount of any interest rate or fee, expressed as:
(I) a dollar amount; and
(II) an annual percentage rate; and
(B) the date on which the full amount of the title loan is due; and
(ii) provide the person seeking the title loan a copy of the disclosure form adopted by thedepartment under Section 7-24-203; and
(e) comply with the following as in effect on the date the title loan is extended:
(i) Truth in Lending Act, 15 U.S.C. Sec. 1601 et seq., and its implementing federalregulations;
(ii) Equal Credit Opportunity Act, 15 U.S.C. Sec. 1691, and its implementing federalregulations;
(iii) Bank Secrecy Act, 12 U.S.C. Sec. 1829b, 12 U.S.C. Sec. 1951 through 1959, and 31U.S.C. Sec. 5311 through 5332, and its implementing regulations; and
(iv) Title 70C, Utah Consumer Credit Code.
(2) If a title lender extends a title loan through the Internet or other electronic means, thetitle lender shall:
(a) provide the information described in Subsection (1)(a) to the person receiving the titleloan:
(i) in a conspicuous manner; and
(ii) prior to the person entering into the title loan; and
(b) in connection with the disclosure required under Subsection (2)(a), provide a list ofstates where the title lender is registered or authorized to offer title loans through the Internet orother electronic means.
(3) A title lender may not:
(a) rollover a title loan unless the person receiving the title loan requests a rollover of thetitle loan;
(b) extend more than one title loan on any vehicle at one time;
(c) extend a title loan that exceeds the fair market value of the vehicle securing the titleloan; or
(d) extend a title loan without regard to the ability of the person seeking the title loan torepay the title loan, including the person's:
(i) current and expected income;
(ii) current obligations; and
(iii) employment.
(4) A title lender has met the requirements of Subsection (3)(d) if the person seeking atitle loan provides the title lender with a signed acknowledgment that:
(a) the person has provided the title lender with true and correct information concerningthe person's income, obligations, and employment; and
(b) the person has the ability to repay the title loan.
Amended by Chapter 87, 2007 General Session