(1)  In accordance with this section, a creditor may contract with the debtor of a closed-end consumer contract for a waiver by the debtor of the right to initiate or participate in a class action related to the closed-end consumer contract.

Terms Used In Utah Code 70C-3-104

  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means a document containing written terms and conditions of a credit agreement. See Utah Code 70C-1-302
  • Creditor: means :
(i) a party:
(A) who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and
(B) to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;
(ii) an issuer of a credit card that extends either open-end credit or credit that:
(A) is not subject to a finance charge; and
(B) is not payable by written agreement in more than four installments; and
(iii) an issuer of a credit card that extends closed-end credit that:
(A) is subject to a finance charge; or
(B) is payable by written agreement in more than four installments. See Utah Code 70C-1-302
(2)  To contract for the waiver described in Subsection (1), the creditor shall disclose the waiver:

(a)  to the debtor;

(b)  in the closed-end consumer contract; and

(c)  for a closed-end consumer contract entered into on or after August 1, 2006, in:

(i)  bold type; or

(ii)  all capital letters.

Enacted by Chapter 172, 2006 General Session