Commercial Law – General Regulatory Provisions

CHAPTER 6-28.1
Unfair Home Improvement Loans to Senior Citizens

SECTION 6-28.1-3

§ 6-28.1-3. Home solicitation.

(a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer are unlawful:

The home solicitation of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of either subsection (h) or (i) of 15 U.S.C. § 1639 or subsection (e) of 12 CFR 226.32.

(b) A third party shall not be liable under this section unless: (1) There was an agency relationship between the party who engaged in home solicitation and the third party; or (2) The third party had actual knowledge of or participated in the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this section.

History of Section.
(P.L. 1997, ch. 121, § 1; P.L. 2014, ch. 528, § 20.)