Title 44 — Trade and Commerce

In this chapter, unless the context otherwise requires: 1. "Advertisement" means a commercial message in any medium that solicits a consumer to enter into a rental-purchase agreement. 2. "Cash price" means the price at which the lessor would have sold the property to the consumer…

A. This chapter does not apply to the following: 1. Rental-purchase agreements primarily for business, commercial or agricultural purposes. 2. Rental-purchase agreements with governmental agencies or instrumentalities or with organizations. 3. A lease of a safe deposit box. 4. A …

A. A lessor shall disclose to a consumer the information prescribed in section 44-6804. In a transaction involving more than one lessor, only one lessor is required to make the disclosures prescribed in section 44-6804, but all lessors are bound by the disclosures made. B. The di…

For each rental-purchase agreement, a lessor shall disclose in the agreement, or as otherwise required in this section, the following items: 1. The frequency with which periodic payments are to be made, the dollar amount of each periodic payment and the total number and total dol…

A. A rental-purchase agreement shall not contain any of the following: 1. A confession of judgment. 2. A negotiable instrument. 3. A security interest or any other claim of a property interest in any property of the consumer. 4. A wage assignment. 5. A waiver by the consumer of c…

A. A lessor shall not engage in any unlawful or deceptive conduct or make any untrue or misleading statement in connection with the collection of any payment owed by a consumer or the repossession of any rental property. B. All of the following apply to any communication by a les…

A. A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement, without losing any rights or options that exist under the rental-purchase agreement, by paying the following charges within seven days after the renewal date of the rental-purchas…

On request by the consumer, a lessor shall provide the consumer with a written receipt for each payment made by cash or money order.

A. A renegotiation occurs if any term of a rental-purchase agreement that is required to be disclosed by section 44-6804 is changed by agreement by the lessor and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the lessor to give all of the…

A. If an advertisement for a rental-purchase agreement refers to or states the dollar amount of any periodic payment and the right to acquire ownership of a specific item, the advertisement shall also clearly and conspicuously state the following, as applicable: 1. That the trans…

A. A lessor who fails to comply with the requirements of this chapter is liable to the consumer damaged by the lessor's failure to comply: 1. In an amount equal to the greater of either: (a) The actual damages sustained by the consumer as a result of the lessor's failure to compl…

A. If a lessor establishes by a preponderance of the evidence that a violation of this chapter was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid these errors, a court shall not impose a penalty prescribe…

If a lessor assigns or transfers a rental-purchase agreement to a third party, all of the consumer's rights created by the rental-purchase agreement and this chapter are preserved.

A written notice required or permitted by this chapter is: 1. Deemed to have been received on personal delivery to the consumer or lessor. 2. Presumed to have been received on the third day after mailing to the consumer's or lessor's last known address.