47-18-1007 - Violations Proof of exemption.

47-18-1007. Violations Proof of exemption.

(a)  Any breach by a credit services business of a contract under this part, or of any obligation arising under it, constitutes a violation of this part.

(b)  Any contract for services from a credit services business that does not comply with the applicable provisions of this part shall be void and unenforceable as contrary to the public policy of this state.

(c)  Any waiver by a consumer of any of the provisions of this part shall be deemed void and unenforceable by a credit services business as contrary to public policy of this state, and any attempt by a credit services business to have a consumer waive rights given by this part constitutes a violation of this part.

(d)  In any proceeding involving this part, the burden of proving an exemption or an exception from the definition is upon the person claiming it.

[Acts 1988, ch. 897, § 7.]