Idaho State Statutes - Idaho Attorney Directory

INJUNCTIONS AGAINST UNCONSCIONABLE AGREEMENTS AND FRAUDULENT
OR UNCONSCIONABLE CONDUCT INCLUDING DEBT COLLECTION. (1) The administrator may
bring a civil action to restrain a person to whom this part applies from
engaging in a course of:
(a) Making or enforcing unconscionable terms or provisions of regulated
consumer credit transactions;
(b) Fraudulent or unconscionable conduct in inducing debtors to enter
into regulated consumer credit transactions;
(c) Conduct of any of the types specified in paragraph (a) or (b) of this
subsection, with respect to transactions that give rise to or that lead
persons to believe will give rise to regulated consumer credit
transactions; or
(d) Fraudulent or unconscionable conduct in the collection of debts
arising from regulated consumer credit transactions.
(2) In an action brought pursuant to this section, the court may grant
relief only if it finds:
(a) That the respondent has made unconscionable agreements or has engaged
or is likely to engage in a course of fraudulent or unconscionable
conduct;
(b) That the respondent's agreements have caused or are likely to cause,
or the conduct of the respondent has caused or is likely to cause, injury
to debtors; and
(c) That the respondent has been able to cause or will be able to cause
the injury primarily because the transactions involved are consumer credit
transactions.
(3) In applying this section, consideration shall be given to each of the
following factors, among others:
(a) Belief by the creditor at the time regulated consumer credit
transactions are made that there was no reasonable probability of payment
in full of the obligation by the debtor;
(b) In the case of regulated consumer credit sales, knowledge by the
seller at the time of the sale of the inability of the buyer to receive
substantial benefits from the property or services sold;
(c) In the case of regulated consumer credit sales, gross disparity
between the price of the property or services sold and the value of the
property or services measured by the price at which similar property or
services are readily obtainable in credit transactions by like buyers;
(d) The fact that the creditor contracted for or received separate
charges for insurance with respect to regulated consumer credit sales or
regulated consumer loans with the effect of making the sales or loans,
considered as a whole, unconscionable; and
(e) The fact that the respondent has knowingly taken advantage of the
inability of the debtor reasonably to protect his interests by reason of
physical or mental infirmities, ignorance, illiteracy or inability to
understand the language of the agreement, or similar factors.
(4) In an action brought pursuant to this section, a charge or practice
expressly permitted by this act is not in itself unconscionable.

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