26-2226. FALSE OR FRAUDULENT DEBT REDUCTION AND ELIMINATION PRACTICES. (1) No person shall obtain or attempt to obtain a fee, compensation or consideration from a person through a false or fraudulent representation or statement that a debt, loan, or extension of credit could or would be eliminated, reduced or substituted, if the representation or statement is false or misleading or has the tendency or capacity to be misleading, or if the person making the representation or statement does not have sufficient information upon which a reasonable belief in the truth of the representation or statement could be based.
(2) (a) Whenever it appears to the director that a person has violated subsection (1) of this section, the director shall have the powers and remedies set forth in sections 67-2754 and 67-2755, Idaho Code, as well as the powers and remedies found in this chapter, as to any such violation.
(b) Any person who violates subsection (1) of this section shall be subject to the criminal proceedings and penalties set forth in sections 67-2757, 67-2758 and 67-2759, Idaho Code, as well as the criminal proceedings and penalties provided in this chapter.
History:
[26-2226, added 2005, ch. 265, sec. 17, p. 825.]
Structure Idaho Code
Chapter 22 - COLLECTION AGENCIES
Section 26-2221 - SHORT TITLE.
Section 26-2222 - DEFINITIONS.
Section 26-2223A - COLLECTION AGENCY OFFICE REQUIREMENTS.
Section 26-2224 - LICENSE APPLICATION.
Section 26-2225 - APPROVAL OF LICENSE APPLICATION.
Section 26-2226 - FALSE OR FRAUDULENT DEBT REDUCTION AND ELIMINATION PRACTICES.
Section 26-2227 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
Section 26-2228 - POWERS OF THE DIRECTOR.
Section 26-2229A - REQUIREMENT OF FAIR, OPEN, AND HONEST DEALING — PROHIBITED PRACTICES.
Section 26-2230 - BRANCH OFFICES.
Section 26-2231 - RENEWAL OF LICENSE — REINSTATEMENT.
Section 26-2232 - COLLECTION AGENCY SURETY BONDS.
Section 26-2232A - DEBT COUNSELORS, CREDIT COUNSELORS, CREDIT REPAIR ORGANIZATIONS — BONDS.
Section 26-2233 - LICENSEE ACCOUNTS REQUIRED.
Section 26-2234 - EXAMINATIONS, INVESTIGATIONS, RECORDS AND PAYMENT OF FUNDS.
Section 26-2237 - FEES — DISPOSITION OF FUNDS.
Section 26-2238 - VIOLATIONS — PENALTIES.
Section 26-2240 - AGENT IDENTIFICATION — QUARTERLY NOTICE — FEE.
Section 26-2243 - PROPERTY RIGHT IN ACCOUNTS — PRACTICE OF LAW PROHIBITED.
Section 26-2244 - CEASE AND DESIST ORDERS, PENALTY.
Section 26-2245 - DIRECTOR’S POWER TO ENJOIN VIOLATIONS.
Section 26-2246 - CLOSURE OR DISCONTINUANCE OF OPERATIONS — REQUIREMENTS.
Section 26-2247 - INSTITUTION OF CRIMINAL PROCEEDINGS.
Section 26-2248 - ADMINISTRATION OF ACT.
Section 26-2249 - JUDICIAL REVIEW OF FINAL ORDERS OF DIRECTOR.