75-67-415 - Prohibited actions of title pledge lender.
§ 75-67-415. Prohibited actions of title pledge lender.
A title pledge lender, or any agent or employee of such title pledge lender, shall not:
(a) Falsify or intentionally fail to make an entry of any material matter in a title pledge lender transaction form.
(b) Refuse to allow the commissioner, the appropriate law enforcement official, state attorney, or any of their designated representatives having appropriate jurisdiction, to inspect completed title pledge transaction forms or pledged property during the ordinary hours of the title pledge lender's business or other times acceptable to both parties.
(c) Enter into a title pledge agreement with a person under the age of eighteen (18) years.
(d) Make any agreement requiring or allowing the personal liability of a pledgor or the waiver of any of the provisions of this article.
(e) Knowingly enter into a title pledge agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own name or the registered name of his business.
(f) Enter into a title pledge agreement in which the amount of money loaned in consideration of the pledge of any single certificate of title exceeds Two Thousand Five Hundred Dollars ($2,500.00).
(g) Fail to exercise reasonable care in the safekeeping of pledged property or of titled personal property repossessed pursuant to this article.
(h) Fail to return pledged property or repossessed titled personal property to a pledgor, with any and all of the title pledge lender's liens on the property properly released, upon payment of the full amount due the title pledge lender, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order.
(i) Sell or otherwise charge for insurance in connection with a title pledge agreement.
Sources: Laws, 1997, ch. 610, § 9, eff from and after passage (approved April 22, 1997).