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 seeking
a title loan:
(i) a complete schedule of any interest or fees charged for a title loan that states the
interest 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 department
regarding 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 the
title 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 the
department 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 in
Subsection (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 loan
including:
(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 the
department 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 federal
regulations;
(ii) Equal Credit Opportunity Act, 15 U.S.C. Sec. 1691, and its implementing federal
regulations;
(iii) Bank Secrecy Act, 12 U.S.C. Sec. 1829b, 12 U.S.C. Sec. 1951 through 1959, and 31
U.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, the
title lender shall:
(a) provide the information described in Subsection (1)(a) to the person receiving the title
loan:
(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 of
states where the title lender is registered or authorized to offer title loans through the Internet or
other electronic means.
(3) A title lender may not:
(a) rollover a title loan unless the person receiving the title loan requests a rollover of the
title 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 title
loan; or
(d) extend a title loan without regard to the ability of the person seeking the title loan to
repay 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 a
title loan provides the title lender with a signed acknowledgment that:
(a) the person has provided the title lender with true and correct information concerning
the 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
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Last revised: Thursday, May 28, 2009