Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R343. Financial Institutions, Nondepository Lenders.

Rule R343-1. Rule Governing Form of Disclosures For Title Lenders, Who Are Under the Jurisdiction of the Department of Financial Institutions.

As in effect on October 1, 2019

Table of Contents

R343-1-1. Authority, Scope and Purpose.

(1) This rule is issued pursuant to Section 7-24-203(2).

(2) This rule establishes minimum standards for the form of disclosure to protect the public interest.

R343-1-2. Definitions.

(1) "Department" means the Department of Financial Institutions.

R343-1-3. Form of Disclosure.

(1) Content of disclosure form. The disclosure form required by this rule must include:

(a) a statement about the cost of obtaining the loan in the format prescribed in Section 226.18 and Appendix H of Truth in Lending 12 CFR 226;

(b) a statement that failure to make any payment by the end of the contractual grace period may result in repossession of the property pledged to secure the loan;

(c) a statement that title loans are typically high cost loans and that lower cost loans are usually available to consumers with reasonable credit. Consumers should compare the "Annual Percentage Rate" of the loan with other loans that are available from other lenders that typically offer loans;

(d) a statement that if the consumer is obtaining the loan because of problems with their credit they may wish to obtain credit counseling or financial advice from entities listed under "Credit and Debt Counseling" in the yellow pages or the department or a governmental agency which regulates Utah lenders.

(e) the statements described above shall be disclosed on the front side of the disclosure form preceding the borrowers' signature line.

(2) Type size of the disclosure form. The disclosure form required by this rule must be of the following font sizes:

(a) the terms for "Annual Percentage Rate" and "Finance Charge" shall be 12 point;

(b) no other disclosure shall be as conspicuous except the creditor's identity;

(c) all other disclosures shall be at least 9 point.

(3) Disclosure requirements; timing and method of disclosures.

(a) The title lender shall provide the disclosure form to the consumer in writing before the consumer completes the loan agreement.

(b) Disclosures must be readily understandable. The disclosures required by this rule must be conspicuous, simple, direct and designed to call attention to the nature and significance of the information provided. Examples of methods that could call attention to the nature and significance of the information provided include:

(i) A plain-language heading to call attention to the disclosures;

(ii) Boldface or italics for key words; and

(iii) Distinctive type style, and graphic devices, such as shading or sidebars, when the disclosures are combined with other information.

KEY

financial institutions

Date of Enactment or Last Substantive Amendment

January 9, 2007

Notice of Continuation

January 6, 2017

Authorizing, Implemented, or Interpreted Law

7-24-203(2)


Additional Information

Contact

For questions regarding the content or application of rules under Title R343, please contact the promulgating agency (Financial Institutions, Nondepository Lenders). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.