26-2238. VIOLATIONS — PENALTIES. (1) Any person who engages in activities authorized under this act, who fails to establish and maintain a separate trust account as required under this act, or fails to disburse funds in accordance with the requirements of this act, or misappropriates, transfers, or converts to his own use or benefit, funds belonging to or held for another person, shall, upon conviction, be guilty of a felony punishable by a fine not to exceed five thousand dollars ($5,000) per violation or by imprisonment for not more than five (5) years, or both.
(2) Any person, except a person exempt under section 26-2239, Idaho Code, who engages in activities authorized under this act without first obtaining a license as required by this act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for not more than five (5) years, or both.
(3) Any person who shall fail to comply with any of the other provisions of this act shall, upon conviction, be guilty of a misdemeanor.
History:
[26-2238, added 1970, ch. 53, sec. 17, p. 118; am. 1997, ch. 370, sec. 8, p. 1182; am. 2008, ch. 347, sec. 21, p. 953.]
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.