§ 6-27-5. Consumer notes.
(a) If any contract between a retail seller and a retail buyer for the sale of consumer
goods and services requires or involves the execution of a promissory note by a retail
buyer in connection with an extension of credit by the retail seller, or by a creditor
to whom the retail buyer was referred by the retail seller and to whom the retail
seller regularly, as part of the ordinary conduct of its business and with the actual
knowledge of the creditor, refers retail buyers for credit, the words "nonnegotiable
consumer note� shall be placed prominently on the note and an assignee of a note with
the words
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§ 6-27-5. Consumer notes.
(a) If any contract between a retail seller and a retail buyer for the sale of consumer
goods and services requires or involves the execution of a promissory note by a retail
buyer in connection with an extension of credit by the retail seller, or by a creditor
to whom the retail buyer was referred by the retail seller and to whom the retail
seller regularly, as part of the ordinary conduct of its business and with the actual
knowledge of the creditor, refers retail buyers for credit, the words "nonnegotiable
consumer note� shall be placed prominently on the note and an assignee of a note with
the words "nonnegotiable consumer note� appearing prominently on the note shall take
the note subject to the claims and defenses permitted under § 6A-3-306, irrespective of whether or not the assignee qualifies as a "holder in due courseâ€�
as defined in § 6A-3-302. For the purposes of this section "consumer goodsâ€� means tangible personal property
used or bought for use primarily for personal, family, or household purposes.
(b) A creditor who obtains a note from the maker in violation of this section shall be
punished by a fine of not less than one hundred dollars ($100) nor more than five
hundred dollars ($500).
(c) If a note is obtained by a creditor from a maker in violation of this section, no
finance, delinquency, collection, repossession, or refinancing charges may be recovered
in any action or proceeding based on the contract for sale by the creditor and if
the charges are recovered from a maker by a holder in due course, the maker may recover
the charges from the creditor who violated the provisions of this section.
(d) The provisions of this section shall not apply to any notes executed in connection
with any financing that is insured under federal housing administration regulations.