Utah § 70C-7-201 Effect of violations by creditors -- Penalties -- Debtor's rights.

Utah Statutes

§ 70C-7-201 — Effect of violations by creditors -- Penalties -- Debtor's rights.

Utah § 70C-7-201

Title 70CUtah Consumer Credit Code

Ch. 70C-7Remedies and Penalties

Part 70C-7-2Debtors' Remedies

This text of Utah § 70C-7-201 (Effect of violations by creditors -- Penalties -- Debtor's rights.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 70C-7-201 (2026).

Text

(1)A debtor is not obligated to pay a charge in excess of that allowed by this title, and if the debtor has paid an excess charge, the debtor has a right to a refund. A refund may be made in whole or in part 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 party who made the excess charge or from an assignee of the creditor's rights who undertakes direct collection of payments from or enforcement of rights against the debtor with respect to the debt.

(2)If a debtor is entitled to a refund and a party liable to the debtor in bad faith refuses to make a refund within a reasonable time after demand, the debtor may recover from tha

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(1) A debtor is not obligated to pay a charge in excess of that allowed by this title, and if the debtor has paid an excess charge, the debtor has a right to a refund. A refund may be made in whole or in part 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 party who made the excess charge or from an assignee of the creditor's rights who undertakes direct collection of payments from or enforcement of rights against the debtor with respect to the debt.
(2) If a debtor is entitled to a refund and a party liable to the debtor in bad faith refuses to make a refund within a reasonable time after demand, the debtor may recover from that party a penalty in an amount to be determined by a court not exceeding the greater of either the amount of the finance charge or 10 times the amount of the excess charge. If the creditor has made an excess charge in deliberate violation of or in reckless disregard for this title, the penalty may be recovered even though the creditor has refunded the excess charge.