Most states have a
Consumer Code, which regulates fraud and deceptive business practices in
the state. The act, in most states, is generally modeled after the
Federal Trade Commission Act, and, in the process, certain unlawful
practices regarding collection, sales, and representations are
covered. Phone solicitation is generally covered, along with the
giving of prizes, gifts, gratuities, auto and home repairs, etc.
Conditions relating to loans, both as to real estate and non-real-estate
items, are also protected under most state Consumer Codes. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Consumer protection may be found under several sections of the Alabama Code. Title 5 deals with Banks and Financial Institutions, and Chapter
19 deals with Consumer Finance. See particularly Section 5-19-1 to 5-19-13.
The various amendments to the present status of the code were effective on July
19, 1979. The revisions follow the Federal Truth and Lending Act. See 15
U.S.C. 1601 et. seq. (1982), of special interest should be Chapter 19 entitled
“Consumer Finance.” It was the intent of the Alabama Legislature for all
creditors to fall within the application of Chapter 19 notwithstanding their status
as banks, credit unions or some other form of organization. Chapter 19 is also
applicable to real estate mortgage loans, and that includes the entire field of
regulations of real estate mortgage loans made by institutions subject to the
“finance charge” sealing contained in the chapter.
ALASKA
The Alaska statute, under Trade and Commerce Article 3, is entitled “Unfair
Trade Practices and Consumer Protection.” This Article deals with unlawful acts and
practices, junk telephone calls, disclosure of costs of certain telephone services,
required disclosures and promotions on-board cruise ships, exemptions, regulations,
investigative power of the Attorney General, restraining prohibited acts, assurances of
voluntary compliance, when is information and evidence confidential and nonadmissible,
private and class actions, non-negotiability of consumer paper, provisions
nonwaivable, interpretation, civil penalties and definitions.
ARIZONA
The Uniform Consumer Credit Code is designed to protect the individual relative
to various forms of transactions. In Arizona, the Consumer Protection Act is designed
to protect the Arizona citizen against consumer fraud. The Consumer Protection Laws
relate to motor vehicles, consumer reporting agencies, home solicitation, sale
transactions, health resorts, pawnbrokers, pyramid promotional games and unsolicited
merchandise, to mention a few.
ARKANSAS
The Consumer Protection Act in Arkansas is covered in Subtitle 7 and is broken
down into the following chapters: Chapter 86)-General Provisions, Chapter 87)-Arkansas Equal Consumer Credit Act, Chapter 88)-Deceptive Trade Practices, Chapter
89)-Homes/Solicitation Sales, Chapter 90)-Automobiles, Chapter 91)-Credit Service
Organizations, Chapter 92)-Rental Purchases, Chapter 93)-Credit Reporting
Disclosures, Chapter 94)-Health Spa Consumer Protection Act, Chapter 95)-Arkansas
Mail and Telephone Consumer Product Promotion Fair Practices Act, Chapter 96)-Farm
Machinery and Chapter 97)-Retail Pet Stores.
CALIFORNIA
In California, Title 1.6E deals with “Credit Services Act of 1984.” Consumer
Credit Contracts-Civil are found at Sections 1799.90 et. seq. and Consumer Debt
Collection-Civil is found at Sections 1788 et. seq. Penalties are found in Section
1789.5 and Prohibited Acts are found in Section 1789.3. Penalties up to $5,000 may
be assessed against anyone who knowingly or willingly violates any provision of the
Consumer Credit Code and, as indicated above. Section 1789.13 specifically
delineates prohibited acts in the state of California regarding credit service
organizations and representations made by its sales people, agents, representatives,
etc. For a rendition of part of the prohibited acts, note the following:
1789.13 Prohibited Acts A credit services organization, and its salespersons, agents, representatives,
and independent contractors, who sell or attempt to sell the services of a credit
services organization, shall not do any of the following:
(a) Charge or receive any money or other valuable consideration prior to full
and complete performance of the services the credit services organization has
agreed to perform for or on behalf of the buyer.
(b) Fail to perform the agreed services within 90 days following the date the
buyer signs the contract for those services.
(c) Charge or receive any money or other valuable consideration for referral of
the buyer to a retail seller or other credit grantor who will or may extend credit to
the buyer, if the credit which is or will be extended to the buyer (1)is upon substantially the same terms as those available to the general
public, or (2)is upon substantially the same terms that would have been extended
to the buyer without the assistance of the credit services organization.
(d) Make, or counsel or advise any buyer to make, any statement that is
untrue or misleading and that is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer
credit reporting agency or to any person who has extended credit to a buyer or
to whom a buyer is applying for an extension of credit, such as statements
concerning a buyer’s identification, home address, creditworthiness, credit
standing, or credit capacity.
(e) Remove, or assist or advise the buyer to remove, adverse information from
the buyer’s credit report that is accurate and not obsolete.
(f) Create, or assist or advise the buyer to create, a new credit record by using
a different name, address, social security number, or employee identification
number.
(g) Make or use any untrue or misleading representations in the offer or sale of
the services of a credit services organization, including either of the following:
(1) Guaranteeing or otherwise stating that the organization is able to delete an adverse credit history, unless the representation clearly
disclosed, in a manner equally as conspicuous as the guarantee, that this can be done only if the credit history is inaccurate or obsolete and is
not claimed to be accurate by the creditor who submitted the information.
(2) Guaranteeing or otherwise stating that the organization is able to obtain an extension of credit, regardless of the buyer’s previous credit
problems or credit history, unless the representation clearly discloses, in
a manner equally as conspicuous as the guarantee, the eligibility requirements for obtaining an extension of credit.
COLORADO
The Colorado Consumer Credit Code is found under Title 5. For specific reference, see Sections 5-1-101 et. seq. The Consumer Credit Code in Colorado is
broken down into ten separate Articles. Those Articles include: Article 1)-General
Provisions and Definitions, Article 2)-Credit Sales, Article 3)-Loans, Article 4)-Insurance,
Article 5)-Remedies and Penalties, Article 6)-Administration, Article 7)-Insurance
Premium Financing, Article 9)-Effective Date, Article 12)-Interest-General Provisions,
and Article 13)-Federal Preemption of Usury Laws-State Override.
CONNECTICUT
In Connecticut, protection for Consumer Credit may be found under the Truth
and Lending Act, Section 36a-675 et. seq. (formerly Section 36-416). The Consumer
Credit Code in Connecticut follows and includes regulations adopted by the Federal
Reserve Board under the Federal Truth and Lending Act. It is designed to protect all
consumers, debtors and lessees as they are subject to various obligations under
certain credit transactions.
DELAWARE
The Consumer Protection Law in the state of Delaware is designed to protect
the consumer in various types of transactions including home solicitation sales,
consumer fraud, products liability, retail sales, credit cards and other commercial
transactions. The Uniform Deceptive Trade Practices Act was adopted by the State of
Delaware and can be found at Section 6-2531 et. seq.
FLORIDA
Certain acts are prohibited under the Consumer Credit Code in Florida. For the
consumer collection practices, see Chapter 559-Part IV. For certain acts which are
prohibited in the state of Florida relative to collection, note the following:
559.72 Prohibited practices. Generally, in collecting consumer claims, no person shall:
(1)Simulate, in any manner, a law enforcement officer or a representative of any
governmental agency;
(2)Use or threaten force or violence;
(3)Tell a debtor who disputes a consumer claim that he or any person employing
him will disclose to another, orally or in writing, directly or indirectly, information
affecting the debtor’s reputation for credit worthiness without also informing the
debtor that the existence of the dispute will also be disclosed as required by
subsection (6);
(4)Communicate or threaten to communicate with a debtor’s employer prior to
obtaining final judgment against the debtor, unless the debtor gives his
permission in writing to contact his employer or acknowledges in writing the
existence of the debt after the debt has been placed for collection; this shall
not prohibit a person from telling the debtor that his employer will be contacted if
a final judgment is obtained;
(5)Disclose to a person, other than the debtor or his family, information affecting
the debtor’s reputation, whether or not for credit worthiness, with knowledge or
reason to know that the other person does not have a legitimate business need
for the information or that the information is false;
(6)Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is
made prior to such reasonable dispute having been asserted and written notice
is received from the debtor that any part of the claim is disputed and if such
dispute is reasonable, the person who made the original disclosure shall, upon
the request of the debtor, reveal within 30 days the details of the dispute to
each person to whom disclosure of the debt without notice of the dispute was
made within the preceding 90 days;
(7)Willfully communicate with the debtor or any member of his family with such
frequency as can reasonably be expected to harass the debtor or his family, or
willfully engage in other conduct which can reasonably be expected to abuse or
harass the debtor or any member of his family;
(8)Use profane, obscene, vulgar or willfully abusive language in communicating
with the debtor or any member of his family;
(9)Claim, attempt or threaten to enforce a consumer claim when such person
knows that the claim is not legitimate or some other legal right when such
person knows that the right does not exist;
(10)Use a communication which simulates, in any manner, legal or judicial
process or which gives the appearance of being authorized, issued or approved
by a government, governmental agency, or attorney-at-law, when it is not;
(11)Communicate with a debtor under the guise of an attorney by using the
stationery of an attorney or forms or instruments which only attorneys are
authorized to prepare;
(12)Orally communicate with a debtor in such a manner as to give the false
impression or appearance that such person is, or is associated with, an attorney;
(13)Advertise or threaten to advertise for sale any claim as a means to enforce
payment except under court order or when acting as an assignee for the benefit
of a creditor.
(14)Publish or post, threaten to publish or post, or cause to be published or
posted, before the general public, individual names or any list of names of
consumers, commonly known as a deadbeat list, for the purpose of enforcing or
attempting to enforce collection of consumer claims;
(15)Refuse to provide adequate identification of himself or his employer or
another entity whom he represents when requested to do so by a debtor from
whom he is collecting or attempting to collect a consumer claim; or
(16)Mail any communication to a debtor in an envelope or postcard with words
typed, written, or printed on the outside of the envelope or postcard calculated
to embarrass the debtor. An example of this would be an envelope addressed
to “Deadbeat, John Doe.”
GEORGIA
An individual is protected from various practices by collection agencies
under Section 9-405 of the Georgia Code. Truth and Lending is found under
Section 57-116.
HAWAII
The Consumer Code in Hawaii is found under Chapter 487, entitled “Consumer
Protection.” The intent of the Consumer Credit Act is for the public’s health, welfare
and interest of the state requiring a strong and effective consumer protection program
to protect the interest of both the consumer, public and the legitimate businessman. To
this end, a permanent office was created in conjunction with the Consumer Protection
Code to coordinate the services offered to the consumer by various state and county
agencies, together with private organizations and to aid in the development of
preemptive and remedial programs affecting the interest of the consumer public.
IDAHO
The Uniform Consumer Credit Code and Credit Sales are found under Chapter
32 of Title 28. The Uniform Consumer Credit Code-Credit Sales is broken down into six
sections including: Part 1)-General Provisions, Part 2)-Maximum Charges, Part 3)-Disclosure and Advertising, Part 4)-Limitations on Agreements and Practices, Part 5)-Home Solicitation Sales, and Part 6)-Sales other than Consumer Credit Sales.
ILLINOIS
In Illinois, Act 505 entitled “Consumer Fraud and Deceptive Business Practices
Act” was enacted in order to prevent unlawful practices against consumers and creditors.
The Act was designed to comply with the Federal Trade Commission Act and,
accordingly, certain unlawful practices are recited. Also included are certain
requirements for credit applications, the return of a down payment, and the criminal and
civil proceedings for violations. All of these provisions follow the federal guidelines. The
Act includes the regulation of many different acts including the offering of free prizes,
gifts or gratuity; wherein, disclosures of conditions must be made. Home improvements
and repair to businesses are also regulated, along with any failure or refusal to
commence or complete work. Conditions relating to making loans secured by an interest
in real estate are regulated, as are any representations regarding various other products
which may be sold to consumers in the state of Illinois.
INDIANA
The Consumer Credit Code was written to protect the consumer from unwarranted and improper trade practices. The Indiana Uniform Consumer Credit
Code was a result of three enactments including: the Installment Loan Act of 1971, the
Small Loan Act of 1971, and the Indiana Consumer Loan Act of 1971. Its main
purpose is to comply with the Federal Consumer Credit Protection Act and to prevent
deceptive consumer sales practices from occurring.
IOWA
Chapter 537 of the Code of Iowa is a Consumer Credit Code that has been
patterned after the proposed Uniform Act. The Act regulates and prohibits illegal threats,
false accusations, harassment, abuse of certain telephone solicitations and calls or any
other deceptive practices for the purpose of collecting a debt. Information may not be
disseminated to other parties, and an allowance is given to the debtor to contest the debt
when appropriate.
In Iowa, certain acts are excluded from the Consumer Credit Code including the
extension of credit to government agencies, the sales of certain insurance, transactions
regulated by public utilities, certain transactions involving pawnbrokers and transactions
involving securities and commodities through which a registered broker-dealer has been
employed.
The Consumer Credit Code also sets a maximum annual rate of interest at 21%.
Additionally, there is the Consumer Protection Act found under Chapter 714 of
the Code of Iowa. This particular code section, particularly Section 714.16, deals with
deception and fraud and sale or advertisement of merchandise.
KANSAS
In Kansas, the Consumer Credit Code is Chapter 16a. The general provisions
and definitions are at Section16a-1, while finance charges and related provisions are
found at Section 16a-2. Regulation of agreements and practices are found at Section
16a-3, insurance is found at 16a-4, remedies and penalties are found at 16a-5,
administration is found at 16a-6, and the effective date and repealer are found at 16a-9.
KENTUCKY
The Kentucky Consumer Code is found under Chapter 367 et seq. Sections 367.110 through 367.390 deal with the Consumer Protection Act.
Sections 367.395 through 367.407 deal with buying clubs. Sections 367.410
through 367.460 deal with home solicitation sales. Recreation and retirement
use land sales are found between Sections 367.470 and 367.486. Subscription sales of printed material may be found in Sections 367.510
through 367.540. The negative option plan may be found under Sections 367.570 through 367.585. Consumer Credit Contracts are found in Section
367.600 and 367.610. Solicitation for charitable and sitting purposes are
found under Section 367.650 through 367.670. Mobile home sales may be found under Section 367.710 and 367.775. Sale of business opportunities is
found under Section 367.801 through 367.819. Pyramid sales are governed under Section 367.830 through 367.836. Defective new cars may be found
under Section 367.840 through 367.846. Kosher meats or meat preparations
are found under Section 367.850. Informal dispute resolution system is governed under Section 367.860 through 367.870. Health plans are governed
by Section 367.900 through 367.930. Pre-need funeral service, burial or cemetery merchandise contracts are governed under Section 367.932 through
367.974. Penalties are found in Sections 367.990 and 367.991.
LOUISIANA
The Consumer Credit Code is designed to protect the average consumer against unwarranted loan and sales practices. It is known as the “Louisiana Consumer
Credit Law” and is found under Section 3510 et. seq. It is broken down into several
parts including Part I)-General Provisions and Definitions, Part II)-Maximum Charges,
Part III)-Prepayment of Consumer Credit Transactions, Part IV)-Limitations on
Agreements and Practices, Part V)-Home Solicitation, Part VI)-Insurance, Part VII)-Remedies and Penalties, Part VIII)-Administration, Part IX)-Licensing Provisions, Part
X)-Collection Practices, Part XI)-Notification and Fees, Part XII)-Counsel of Advisors
and Consumer Credit (Repealed), Part XIII)-Disclosure of Personal Credit Information,
Part XIV)-Consumer Loan Brokers and Part XV)-Credit Service Organizations. The
Louisiana Consumer Credit Law became effective on January 1, 1973.
MAINE
The Consumer Credit Code in the state of Maine is found under Title 9-A and is
known as the Maine Consumer Credit Code. The purpose of the Consumer Credit Code
is to simplify, clarify, and modify laws regarding retail, installment sales, consumer
credits, small loans and usury. It is also designed to provide rate ceilings to assure an
adequate supply of credit to consumers, 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. It additionally is designed to
protect consumer buyers, lessees, and borrowers against unfair practices by some
suppliers of consumer credit, having due regard for the interests of legitimate and
scrupulous creditors. It is also to permit and encourage the development of fair and
economically sound consumer credit practices and to bring about conformance of the
regulation of consumer credit transactions to the policies of the Federal Truth and
Lending Act (15 U.S.C.A. 1601 et. seq.).
MARYLAND
The Commercial Law in the state of Maryland involves changes that have occurred in 1972, 1981, 1989, 1990 and 1991. What formerly were various “Articles” of
the Uniform Commercial Code are now called “Titles.” Titles 1 through 10 of the Article
that relates to Commercial Law in Maryland had derived from the original Uniform
Commercial Code. The Commercial Law of the Annotated Code of Maryland is divided
into the following Titles: Title 1)-General Provisions; Title 2)-Sales; Title 3)-Commercial
Paper; Title 4)-Bank Deposits and Collections; Title 4A)-Funds Transfers; Title 5)-Letters
of Credit; Title 6)-Bulk Transfers; Title 7)-Warehouse Receipts, Bills of Lading and
Other Documents of Title; Title 8)-Investment Securities; Title 9)-Secured Transactions, Sales of
Accounts, Contract Rights and Chattel Paper; Title 10)-Effective Date and Repealer; and
Title 11)-Trade Regulation. The Commercial Law of Maryland also includes what
formerly were credit regulations and those various titles include: Title 12)-Credit
Regulations, Title 13)-Consumer Protection Act, Title 14)-Miscellaneous Consumer
Protection Provisions, Title 15)-Debt Collection-Special Provisions, Title 16)-Statutory
Liens on Personal Property, Title 17)-Disposition of Abandoned Property, Title 18)-Bills
of Lading and Warehouse Receipts-Criminal provisions, and Title 19)-Equipment Dealer
Contract Act.
MASSACHUSETTS
The Consumer Credit Code is found under Chapter 140, 140A, 140B, 140C, 140D and 140E. Particular note is drawn to the Consumer Credit Cost Disclosure under
Chapter 140D and Consumer Accounts Disclosure under Chapter 140E. The Consumer
Credit Code in the Commonwealth of Massachusetts has been designed for the
protection of consumers and for the purpose of promoting the commercial trade.
MICHIGAN
Section 445.901 et. seq. of the Code of Michigan is known as the Michigan
Consumer Protection Act. Its purpose is to simplify, clarify, and modernize laws
governing consumer credit transactions and usury. It is also designed to provide rate
ceilings and to assure the adequate supply of credit to consumers. The Michigan
Consumer Protection Act also provides the consumer with an understanding of the terms
of credit transactions. Its principal purpose is to protect consumers against unfair
practices by suppliers of consumer credit.
MINNESOTA
In Minnesota, the Uniform Deceptive Trade Practice Act is found at Section
325D.43 through 325D.48. For consumer protection relating to credit cards, see
Section 325G.01 et. seq. For check cashing, see Section 325F.981. For matters
relating to fraud or misrepresentation, see Section 325F.68. For warranties, see
Section 325G.18 and 325G.19. In regard to defective motor vehicles, see Section
325F.665 and 325F.662, and for home solicitation sales, see 325G.01 et. seq. There
are many other protections accorded under the Consumer Protection Act, however, the
foregoing are some of the most common to which reference is made.
MISSISSIPPI
The regulation of business for consumer protection may be found under Chapter
24 of Title 75. Chapter 24 creates the “office of consumer protection” (see Section 75-24-1). Prohibited acts or practices may be found under Section 75-24-5 and exemptions
from provision of Chapter 24 may be found under Section 75-24-7. An injunction to
restrain or prevent a violation is available pursuant to Section 75-24-9. For information
regarding an action or a counterclaim by an individual who suffered loss and class action
prohibited, see Section 75-24-15. For civil penalties, both imposition and recovery, see
Section 75-24-19, and for remedies as additional to those otherwise available, see
Section 75-24-23.
MISSOURI
In Missouri, the Consumer Credit Code was modeled after the Federal Consumer
Credit Code for the purpose of protecting consumer purchases. It goes beyond the
Federal Consumer Credit Code and requires special treatment to purchasers in credit
transactions.
MONTANA
For debtor and creditor relationships in Montana, see Title 31, Chapter 2. The
general provisions and definitions are found in Section 31-2-101 et. seq. Assignments
for benefit of creditors are found at 31-2-201 et. seq., and the Uniform Fraudulent
Transfer Act is found at Section 31-2-326 et .seq. A debtor in Montana is defined as a
person who by reason of existing obligation is or may become liable to pay money to
another whether such liability is certain or contingent.
NEBRASKA
Chapter 87 of the Nebraska statute deals with trade practices. Article 3 under
Chapter 87 deals with deceptive trade practices and includes the Uniform Deceptive
Trade Practices Act. Nebraska also has the Consumer Credit Code that is designed to
protect the consumers.
NEVADA
The Consumer Protection Act in Nevada is identified as the “Revised Uniform
Deceptive Trade Practices Act.” Its principal sections are 598.360 through 598.640. In
the state of Nevada, the Attorney General may commence an action if the Attorney
General has reason to believe that deceptive practices have occurred, notice has been
given to the party who has engaged in such actions, and appropriate and corrective
action has not been completed within thirty (30) days. (See Section 598.512 of Nevada
Code.) The purpose of the act is to control unsolicited merchandising, credit reporting,
false advertising, deceptive trade practices, pyramid sales, door-to-door sales and
other deceptive acts relating to motor vehicles, motor homes, phone solicitation, etc. NEW HAMPSHIRE
The New Hampshire Consumer Protection Act was designed essentially to prevent consumer fraud. Accordingly, it is unlawful to use any
unfair method of competition or any unfair or deceptive act or practice in
conducting any commercial transactions including the sale of goods, the management of credit and the representation of particular goods and services
including loans for public consumption. The Consumer Protection Act in New
Hampshire has as one of its main functions, to eliminate false or misleading
statements of fact concerning commercial transactions of any sort including
retail sales, consumer credit reporting, collection practices, the solicitation of
sales, warranties and various other transactions that would involve purchasing
and sales that occur in the state of New Hampshire.
NEW JERSEY
The Uniform Consumer Credit Code was adopted to protect individuals regarding laws governing consumer credit and usury. It was also designed to protect
rate ceilings and broaden the consumer understanding of the terms of credit
transactions. It is also designed to protect the consumers and to permit and encourage
the development of fair and economically sound consumer credit practices. In New
Jersey, the Consumer Protection Legislation is administered by the office of Consumer
Protection in the Department of Law and Public Safety (Title 52, Chapter 17B, Section
5.6). In New Jersey, it is an unlawful practice for a person to solicit funds or
contribution of any kind, or to sell or offer for sale any goods, wears, merchandise, or
services by telephone or otherwise, where such person falsely represents or
consumers are falsely led to believe that such person is soliciting by and on behalf of a
charitable or non-profit organization, or that the purchases from such person benefits
handicapped individuals. (Title 56, Chapter 8, Section 2.7) The Consumer Protection
laws in the state of New Jersey also govern retail credit sales, products liability, credit
cards, new home warranties, hazardous toys, and bicycle helmets. The laws include a
Uniform Deceptive Practices Act.
NEW MEXICO
The Uniform Consumer Credit Code was adopted by various states to simplify,
clarify and modernize laws governing consumer credit and usury. It was also intended
to provide rate ceilings to assure an adequate supply of credit to consumers and to
further consumer understanding of the terms of credit transactions. It is also intended
to protect consumers against unfair practices with appropriate regulations relative to
disclosures to consumers regarding credit transactions. The consumer protection in
New Mexico includes regulations on Credit Bureau (Section 56-3-2), credit cards
(Section 56-4-3), motor vehicle sales (Section 58-19-7), pyramid sales (Section 57-13-12) and other transactions involving the general public. The Uniform Deceptive Trade
Practices Act was adopted in 1966 by New Mexico and may be found at Section
57-12-1 et. seq.
NEW YORK
The Consumer Credit Code was a uniform law adopted by most states relative
to the regulation of consumer credit and usury. It was also established to provide rate
ceilings to assure an adequate supply of credit to consumers and to provide protection
to the consumers against unfair trade practices. It was also designed to permit and
encourage the development of economically sound consumer credit practices and
regulate certain disclosures and consumer credit transactions. The Federal Truth and
Lending Act also is available for consumer protection. Certain provisions of the
General Business Law of the state of New York and provisions of the General
Obligations Law of New York set forth certain consumer protection.
NORTH CAROLINA
The Consumer Credit Code is a uniform law that is adopted by many states
for the purpose of clarifying and simplifying laws governing consumer credit and usury.
It was designed to provide the rate ceilings to ensure an adequate supply of credit to
consumers and to enhance the consumers understanding of the terms of credit
transactions. It was also designed to protect consumers against unfair practices and to
permit and encourage the development of fair and sound consumer credit practices.
Finally, it should be known that the Uniform Consumer Credit Code was designed to
assure compliance with the Federal Truth and Lending Act. Unfair methods of
competition and unfair deceptive acts or practices in North Carolina may be found in
the General Statutes of North Carolina, Section 75-1.1 et. seq. The retail credit sales
are covered under the North Carolina Retail Installment Sales Act, known as Chapter
25A.
NORTH DAKOTA
The Uniform Consumer Credit Code was a uniform law that has been adopted
by some states for the purpose of simplifying, clarifying and modernizing laws
governing consumer credit transactions and usury. It was also to provide rate ceilings
to assure an adequate supply of credit to consumers and to further the consumer’s
understanding of the terms of credit transactions. It was also designed to protect
consumers against unfair trade practices and to permit and encourage the
development of fair and economically sound consumer credit practices. Overall, it was
developed to conform to the consumer credit transactions set forth by the Federal Truth
and Lending Act. The Consumer Protection Act in North Dakota is found under
Chapter 51 of the North Dakota Century Code. However, it should be noted that the
Uniform Deceptive Code Practices Act of the proposed General Act was not adopted.
OHIO
The Uniform Consumer Credit Code was the uniform law adopted by various states to simply, clarify, and modernize laws governing commercial consumer credit
and usury, as well as to provide ceiling rates in order to assure an adequate supply of
credit to consumers. Additionally, the uniform law had the following purposes: to
further consumer understanding of the terms of credit transactions; to protect
consumers against unfair practices; to permit and encourage the development of fair
and economically sound consumer credit practices; to regulate disclosure and
consumer credit transactions; and to make uniform laws, including administrative rules
among the various states. The Uniform Consumer Sales Practices Act is found at
Sections 1345.01 through 1345.13 of the Ohio Revised Code. In Ohio, the Uniform Consumer Sales Practices Act is supplemented with an
Anti-pyramid Sales Act and the Uniform Deceptive Trade Practices Act. Ohio also has
various other protections within the existing acts, including protection against motor
vehicle “lemons,” home solicitation sales, invention development, etc.
OKLAHOMA
The Uniform Consumer Code is drafted for the purpose of regulating, simplifying,
and clarifying the laws governing consumer credit and to provide ceiling rates to assure
an adequate supply of credit to consumers. Additionally, it was to further the consumer’s
understanding of the terms of credit transactions and foster competition, as well as to
protect consumers against unfair practices by some suppliers of consumer credit. It was
also designed to permit and encourage the development of fair and economically sound
consumer credit practices and to conform the regulation of disclosure in consumer credit
transactions with the Federal Truth and Lending Act. Its objective was to make uniform
the various laws. In Oklahoma, the Consumer Credit Code is found under Title 14A of
the Oklahoma Statute. It became effective July 1, 1969.
OREGON
The Uniform Consumer Credit Code was adopted by several states for the purpose of regulating consumer transactions in conjunction with the Federal Truth and
Lending Act. The purpose of the Uniform Consumer Law was to simplify, clarify and
modernize the laws governing consumer credit and usury. It was also designed to
provide rate ceilings to assure an adequate supply of credit to consumers and to further
consumers’ understanding of the terms of credit transactions. It was also intended to
protect consumers against unfair practices by suppliers of consumer credit and to make
the law of consumer transactions uniform throughout the United States.
In Oregon, consumer protection is specifically set forth under Chapter 83,
Chapter 72, Chapter 646 and Chapter 743 of the Oregon statutes.
PENNSYLVANIA
The Uniform Consumer Credit Code was a codified system of laws that was
adopted by most states to simply, clarify and modernize the laws governing consumer
credit and to provide rate ceilings to assure an adequate supply of credit to consumers.
Additionally, it was designed to further consumer understanding of the terms of credit
transactions and to protect consumers against unfair practices. One of its underlying
purposes was to assure compliance by the states and conformance by the states with
the Federal Truth and Lending Act. The Pennsylvania Unfair Trade Practices and
Consumer Protection Law, Section 73-201(1) to 73-201(9) prohibits unfair or deceptive
practices and methods of competition and provides enforcement procedures. It, like
many other states, allows for treble damages to be awarded under certain
circumstances.
RHODE ISLAND
The Consumer Credit Code is a uniform law adopted by most states for the
purpose of simplifying, clarifying and modernizing laws governing consumer credit and
to provide rate ceilings to assure adequate supply of credit to consumers. It was also
designed to further the consumers’ understanding of the terms of credit transactions
and to protect consumers against unfair practices by some suppliers of consumer
credit. It was also designed for the states to find compliance in regard to credit
transactions that are governed by the Federal Truth and Lending Act. In Rhode Island,
there is no exemption granted from Federal Truth and Lending requirements.
Additional consumer protections relate to door-to-door sales, consumer notes, credit
cards, lay-away sales, mortgages, trade practices, used cars, etc.
SOUTH CAROLINA
The Consumer Credit Code was adopted by many states including South Carolina for the purpose of simplifying, clarifying and modernizing consumer credit and
usury. It was to provide ceiling rates of interest and assure an adequate supply of
credit to consumers. It was also designed to further the consumers’ understanding of
the terms of credit transactions, to protect consumers against unfair trade practices,
and to conform to the regulation of disclosure of consumer credit transactions pursuant
to the Federal Truth and Lending Act.
The Uniform Deceptive Trade Practices Act was not adopted by South Carolina;
however, South Carolina Unfair Trade Practices Act prohibits unfair methods of
competition, unfair or deceptive acts or practices of conduct in any form of trade or
commerce. See Section 39-5-10 et. seq. of the Code of Laws of South Carolina; see
also 37-1-101 through 37-11-140 of the Code of Laws of South Carolina. The South
Carolina Consumer Protection Code was also adopted, as noted above, and is found at
Section 37-1-10 et. seq.
SOUTH DAKOTA
The Uniform Consumer Credit Code is the uniform law adopted by most states for
the purpose of simplifying, clarifying and modernizing laws governing consumer credit
and usury. It is also designed to provide ceiling rates to assure an adequate supply of
credit to consumers and to further the consumers’ understanding of the terms of credit
transactions. It is designed to protect consumers against unfair trade practices and to
conform the regulation of disclosure in consumer credit transactions to the Federal Truth
and Lending Act.
The Uniform Deceptive Trade Practices Act was not adopted in South Dakota;
however, an act similar in scope, yet broader, was adopted by South Dakota and was
called the “South Dakota Deceptive Trade Practices and Consumer Protection Law.”
See Section 37-24 of the South Dakota Codified Laws. The law was designed to
regulate door-to-door sales, ordered merchandise and advertising. Multi-level
distribution, business opportunity, buying clubs, consumer goods, franchises, credit
cards and consumer loans are all part of what was intended to be covered under the
Consumer Protection Acts.
TENNESSEE
The Uniform Consumer Credit Code is a uniform law that has been adopted
by most states. It was prepared to simplify, clarify and modernize the governing
consumer credit and to provide rate ceiling to assure an adequate supply of credit to
consumers. It was also to further the consumers’ understanding of the terms of credit
transactions and to protect consumers against unfair practices. It encourages the
states to conform to the regulation disclosure of the consumer credit transactions and
to comply with the Federal Truth and Lending Act.
Various forms of consumer protection exist in Tennessee, including regulations
of buying clubs, rental location agents, motor vehicle warranties, credit cards, solicited
merchandise, coupon sales, promotions, and advertising, to name a few.
TEXAS
The Uniform Consumer Credit Code was the uniform law adopted by most states
set for the purpose of simplifying, clarifying and modernizing laws governing consumer
credit transactions, to provide a ceiling rate, and to assure adequate supply of credit to
consumers. It was also designed to further consumers’ understanding of the terms of
credit transactions and to foster competition among suppliers of consumer credit. It was
to protect consumers against unfair practices and essentially to conform to the regulation
of disclosure in the consumer credit transactions to the Federal Truth and Lending Act.
In Texas, the Uniform Deceptive Trade Practices Act was not adopted; however,
false, misleading or deceptive trade practices are prohibited by statute. See Business
and Commercial Code, Section 17.41 through 17.63. Also regulated in Texas are
consumer credit transactions and consumer loan transactions. Debt collection is
regulated pursuant to Section 5069.11.01 through 5069.11.11 of the Texas statutes.
UTAH
The Uniform Consumer Code has been adopted by many states to conform to the
Federal Truth and Lending Act. It was designed to simplify, clarify, and modernize laws
governing consumer credit and to provide rate ceilings to assure an adequate supply of
credit to consumers. It was also designed to protect consumers against unfair practices
by various parties. In Utah, the Consumer Credit Code contains some of the provisions
of the Uniform Consumer Credit Code; however, the Utah code differs substantially.
Therefore, direct reference needs to be made to the Utah Consumer Credit Code, Title
70C. See Section 70C-1-101 et. seq.
VERMONT
The Uniform Consumer Credit Code is a uniform law adopted by most states
regarding the simplification, modification and modernization of laws
governing consumer credit. It also provides rate ceilings to assure an
adequate supply of credit to consumers. Black’s Law Dictionary,
Sixth Edition. It was also designed to further consumer understanding of
the terms of credit transactions, to foster competition among suppliers
of consumer credit, and to protect consumers against unfair practices.
In addition, it was designed to establish state laws that conform to
the regulation of disclosure in consumer credit transactions with the
Federal Truth and Lending Act. In Vermont, unfair competition or deceptive practices, as used in the Federal Commission, were declared
unlawful under section 9-2453 of the Vermont Statutes. Unsolicited merchandise is
regulated under Section 9-4401 of the Vermont Statues, while credit cards are regulated
under section 9-4042 of the Vermont Statutes. Certain requirements relative to
disclosure as to demand notes and co-signers are found under Section 9-101 and 9-102
of the Vermont Statutes. However, it should be noted that the Uniform Deceptive Trade
Practices Act was not adopted by Vermont.
VIRGINIA
The Uniform Consumer Credit Code is a uniform law adopted by most states. It is
designed to simplify, clarify and modernize the laws governing consumer credit and to
provide rate ceilings to assure an adequate supply of credit to consumers. See Black’s
Law Dictionary, Sixth Edition. It is also designed to further the consumer’s
understanding of the terms of credit transactions, to protect consumers against unfair
practices, and to conform to the regulation of disclosure of consumer credit transactions
to the Federal Truth and Lending Act. The Uniform Deceptive Trade Practices Act was
not adopted by Virginia; however, Virginia has a relatively broad act for consumer
protection that may be found at Section 59.1-196 et. seq. Virginia also has appropriate
protection relative to credit cards, unsolicited goods, trade secrets, business
opportunities, motor vehicle warranties, etc.
WASHINGTON
The Uniform Consumer Credit Code is a uniform law adopted by most states for
the purpose of simplifying, clarifying and modernizing laws governing consumer credit. It
was designed to provide rate ceilings and to assure an adequate supply of credit to
consumers. It was also designed to broaden the consumer’s understanding and to
protect consumers against unfair trade practices. Essentially, the uniform law was to
assure compliance with the Federal Truth and Lending Act. The Consumer Protection
Act of Washington prohibits unfair deceptive acts or practices in the conduct of any trade
or commerce. See Section 19.86 et. seq. of the Revised Code of Washington.
Washington also regulates the actions of collection agencies, certain charitable
solicitations, employment agencies, motor vehicle warranties, product liabilities and many
other consumer transactions.
WEST VIRGINIA
The Uniform Consumer Credit Code was the uniform law adopted by many states
for the purpose of simplifying, clarifying and modernizing laws governing consumer credit
and to provide rate ceilings to assure an adequate supply of credit to consumers. It was
also designed to give the consumer a better understanding of the terms of credit
transactions and to protect consumers against unfair trade practices. An additional
purpose was for the Uniform Consumer Credit Code to follow the credit guidelines of the
Federal Truth and Lending Act. See Black’s Law Dictionary, Sixth Edition. The West
Virginia Consumer Credit Protection Act may be found at Chapter 46A and Chapter 46B.
It includes protection relative to consumer fraud, unsolicited merchandise, defaults,
balloon payments, home solicitation sales, revolving charge accounts and various
warranties, to name just a few of its items of protection.
WISCONSIN
The Uniform Consumer Credit Code has been adopted by many states. The purpose of the Consumer Credit Code was to simplify, clarify and modernize laws
governing consumer transactions and to provide rate ceilings to assure an adequate
supply of credit to consumers. It was also designed to further the consumers’
understanding of the terms of credit transactions and to protect consumers against unfair
practices. See Black’s Law Dictionary, Sixth Edition. The purpose of the Uniform
Consumer Credit Code was also to assure compliance with the Federal Truth and
Lending Act. In Wisconsin, consumer protection is governed primarily by the Wisconsin
Consumer Act, see Chapters 421 through 427 of the Wisconsin Statutes. Appropriate
regulations exist relative to finance charges, prepayment penalties, contract terms,
prohibited purposes, motor vehicles, and insurance, to name a few.
WYOMING
The Uniform Consumer Credit Code, which has been adopted by many states, was
designed to simplify, clarify and modernize laws governing consumer credit transactions
and to provide rate ceilings to assure an adequate supply of credit to consumers. It was
also designed to further consumer understanding of the terms of credit transactions and
to protect consumers against unfair practices. It was also hoped that by each state’s
adopting the Uniform Consumer Credit Code, the Federal Truth and Lending Act would
be followed by each state. Wyoming adopted the Uniform Consumer Credit Code, which
is administered by the Department of Audit, Division of Bank in Cheyenne, Wyoming. It
may be found under Chapter 40 of the Wyoming Statues. It provides, among other
things, protection relative to phone solicitation sales, appropriate disclosures on
consumer goods, unlawful trade practices, regulation of certain insurance sales, etc.
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