Idaho State Statutes - Idaho Attorney Directory

(1) If a creditor
has violated any provision of this act applying to collection of an excess
charge or amount or enforcement of rights, subsection (4) of section
28-41-201, Idaho Code, authority to make regulated consumer loans, section
28-46-301, Idaho Code, restrictions on interests in land as security, section
28-43-309, Idaho Code, limitations on the schedule of payments or loan terms
for regulated consumer loans, section 28-43-310, Idaho Code, attorney's fees,
section 28-43-311, Idaho Code, receipts, statements of account, and evidences
of payment, section 28-43-204, Idaho Code, form of insurance premium loan
agreement, section 28-43-205, Idaho Code, security in sales, section
28-43-301, Idaho Code, no assignments of earnings, section 28-43-304, Idaho
Code, certain negotiable instruments prohibited, section 28-43-306, Idaho
Code, referral sales, section 28-43-308, Idaho Code, limitations on default
charges, section 28-45-301, Idaho Code, assignees subject to claims and
defenses, subsection (3) of section 28-45-302, Idaho Code, or assurance of
discontinuance, section 28-46-109, Idaho Code, the debtor has a cause of
action to recover actual damages and also a right in an action other than a
class action, to recover from the person violating this act a penalty in an
amount determined by the court not less than one hundred dollars ($100) nor
more than one thousand dollars ($1,000). With respect to violations arising
from consumer credit sales or consumer loans made pursuant to open-end credit,
no action pursuant to this subsection may be brought more than two (2) years
after the violations occurred. With respect to violations arising from other
regulated consumer credit transactions, no action pursuant to this subsection
may be brought more than one (1) year after the scheduled or accelerated
maturity of the debt.
(2) A debtor is not obligated to pay a charge in excess of that allowed
by this act and has a right of refund of any excess charge paid. A refund may
be made by reducing the debtor's obligation by the amount of the excess
charge. If the debtor has paid an amount in excess of the lawful obligation
under the agreement, the debtor may recover the excess amount from the person
who made the excess charge or from an assignee of that person's rights who
undertakes direct collection of payments from or enforcement of rights against
debtors arising from the debt.
(3) If a creditor has contracted for or received a charge in excess of
that allowed by this act, or if a debtor is entitled to a refund and a person
liable to the debtor refuses to make a refund within a reasonable time after
demand, the debtor may recover from the creditor or the person liable in an
action other than a class action a penalty in an amount determined by the
court not less than one hundred dollars ($100) nor more than one thousand
dollars ($1,000). With respect to excess charges arising from consumer credit
sales or consumer loans made pursuant to open-end credit, no action pursuant
to this subsection may be brought more than two (2) years after the violation
or passage of a reasonable time for refund occurs. With respect to excess
charges arising from other regulated consumer credit transactions, no action
pursuant to this subsection may be brought more than one (1) year after the
scheduled or accelerated maturity of the debt. For purposes of this
subsection, a reasonable time is presumed to be thirty (30) days.
(4) Except as otherwise provided, a violation of this act does not impair
rights on a debt.
(5) If an employer discharges an employee in violation of the provisions
prohibiting discharge, section 28-45-105, Idaho Code, the employee within
ninety (90) days may bring a civil action for recovery of wages lost as a
result of the violation and for an order requiring reinstatement of the
employee. Damages recoverable shall not exceed lost wages for six (6) weeks.
(6) A creditor is not liable for a penalty under subsection (1) or (3) of
this section if he notifies the debtor of a violation before the creditor
receives from the debtor written notice of the violation or the debtor has
brought an action under this section, and the creditor corrects the violation
within forty-five (45) days after notifying the debtor. If the violation
consists of a prohibited agreement, giving the debtor a corrected copy of the
writing containing the violation is sufficient notification and correction. If
the violation consists of an excess charge, correction shall be made by an
adjustment or refund. The administrator and any official or agency of this
state having supervisory authority over a supervised financial organization
shall give prompt notice to a creditor of any violation discovered pursuant to
an examination or investigation of the transactions, business, records, and
acts of the creditor, sections 28-46-305, 28-46-105 and 28-46-106, Idaho Code.
(7) A creditor may not be held liable in an action brought under this
section for a violation of this act if the creditor shows by a preponderance
of evidence that the violation was not intentional and resulted from a bona
fide error, notwithstanding the maintenance of procedures reasonably adapted
to avoid the error.
(8) In an action in which it is found that a creditor has violated this
act, the court shall award to the debtor the costs of the action and his
attorney's fees. In determining the attorney's fees, the amount of the
recovery on behalf of the debtor is not controlling.

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