Title 09, Title 09: Commerce and Trade

§ 2356a. Finance charge limitation and method of calculation The interest rates for motor vehicle financing shall be that authorized by subdivision 41a(b)(4) of this title, and the method of interest calculation shall be as specified in subsection 41a(d) of this title. (Added 197…

§ 2357. Prepayment Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may prepay it in full at any time before maturity without penalty. (Added 1961, No. 227, § 7, eff. Jan. 1, 1962; amended 1967, No. 58, § 3; 1989, No. 122, § 8, eff. Jun…

§ 2358. Refinancing retail installment contracts (a) The holder of a retail installment contract, upon request by the buyer, may agree to an amendment thereto to extend the scheduled due date of all or any part of any installment or installments or to renew, restate, or reschedul…

§ 2359. Cases not provided for; scope This chapter shall not affect or apply to any loans or to the business of making loans under the laws of this State, nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment tran…

§ 2360. Waiver No act or agreement of the retail buyer before or at the time of the making of a retail installment contract shall constitute a valid waiver of any of the provisions of this chapter. (Added 1961, No. 227, § 10, eff. Jan. 1, 1962.)

§ 2361. Penalties (a) In case of failure of any person to comply with any of the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delin…

§ 2362. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability No seller shall discriminate against any buyer or prospective buyer who desires to establish a retail installment co…

§ 2381. Definitions As used in this chapter: (1) “Agricultural finance lease” or “lease” means a lease of property to a farmer under which: (A) the lease transfers ownership of the leased property to the lessee by the end of the lease term; (B) the lease contains an option for th…

§ 2382. Agricultural finance leases (a) An agricultural finance lease, including any lease amendments, shall be in writing, dated, and signed by the lessee and the lessor. The lease shall be completed before being signed by the lessee. The lease need not be contained in a single …

§ 2383. Disclosure sheet The agricultural finance lease shall contain, or be accompanied by, a disclosure sheet that contains the following information in easily readable form: (1) The names and addresses of the lessor and lessee. If the seller of the leased property is an entity…

§ 2384. Warranties (a) A lessee may enforce all express or implied warranties available to the lessor directly against the manufacturer, seller, supplier, or dealer of the leased property, during the term of the lease. (b) A lessor shall impliedly warrant that the leased property…

§ 2385. Unconscionability (a) If a court finds an agricultural finance lease, or any clause of a lease, to have been unconscionable at the time it was made, the court may refuse to enforce the entire lease or enforce the remainder of the agricultural finance lease without the unc…

§ 2386. Option to accelerate at will Any term of an agricultural finance lease providing that a party or a successor in interest may accelerate payment or performance, or require collateral or additional collateral “at will” or “when he or she deems himself or herself insecure,” …

§ 2387. Waiver No act or agreement of the lessee shall be deemed a waiver of any of the provisions of this chapter, except for a waiver made in settlement of a claim asserted under this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff.…

§ 2388. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability No person shall discriminate against any lessee or prospective lessee who has entered into an agricultural finance l…

§ 2389. Limitation on power to choose applicable law and judicial forum (a) If the parties to an agricultural finance lease choose the law of a jurisdiction other than that in which the goods are to be used, or that in which the lessee resides or has his or her principal place of…

§ 2390. Remedies and penalties All remedies and penalties available to a consumer and the Attorney General under chapter 63 of this title shall apply to violations of this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 1991, No. 79, § 6; 2011, No. 136 (Adj. Sess.), § 1,…

§ 2391. Construction In the event of a conflict between this chapter and Title 9A, the Uniform Commercial Code, the provisions of this chapter shall control. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012.)

§ 2392. Rules The Commissioner may adopt rules, including incorporation of the applicable provisions of 12 C.F.R. Part 213, deemed necessary to promote the purposes of this chapter. (Added 1989, No. 284 (Adj. Sess.), § 1; amended 2011, No. 136 (Adj. Sess.), § 1, eff. May 18, 2012…

§ 2401. Definitions As used in this chapter: (1) “Goods” means all tangible personal chattels when purchased primarily for personal, family, or household use and not for commercial, industrial, or agricultural use, but not including money, motor vehicles, things in action, or int…

§ 2404. Investigations and complaints; powers of Commissioner (a) The Commissioner, if he or she has reasonable cause to believe that any licensee or other person has violated any of the provisions of this chapter, may make such investigation as he or she shall deem necessary, an…

§ 2405. Retail installment contracts (a) Each retail installment contract shall be in writing, dated, signed by both the buyer and the seller, and completed as to essential provisions before being signed by the buyer. A retail installment contract need not be contained in a singl…

§ 2406. Retail charge agreements (a) Each retail charge agreement shall be in writing and signed by the buyer. A copy of any agreement executed on or after January 1, 1964 shall be delivered or mailed to the buyer by the seller before the date on which the first payment is due un…

§ 2407. Scope (a) This chapter shall not affect or apply to any loans or to the business of making loans under or in accordance with the laws of this State, nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment tr…

§ 2408. Waiver No act or agreement of the retail buyer before or at the time of the making of the retail installment contract, retail charge agreement, or purchase thereunder shall constitute a valid waiver of any of the provisions of this chapter. (Added 1963, No. 221, § 8, eff.…

§ 2409. Penalties (a) In case of failure of any person to comply with any of the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delin…

§ 2410. Prohibition on discrimination based on sex, sexual orientation, gender identity, marital status, race, color, religion, national origin, age, or disability No seller shall discriminate against any buyer or prospective buyer who desires to establish a retail installment co…

§ 2430. Definitions As used in this chapter: (1)(A) “Brokered personal information” means one or more of the following computerized data elements about a consumer, if categorized or organized for dissemination to third parties: (i) name; (ii) address; (iii) date of birth; (iv) pl…

§ 2431. Acquisition of brokered personal information; prohibitions (a) Prohibited acquisition and use. (1) A person shall not acquire brokered personal information through fraudulent means. (2) A person shall not acquire or use brokered personal information for the purpose of: (A…

§ 2435. Notice of security breaches (a) This section shall be known as the Security Breach Notice Act. (b) Notice of breach. (1) Except as otherwise provided in subsection (d) of this section, any data collector that owns or licenses computerized personally identifiable informati…

§ 2440. Social Security number protection (a) This section shall be known as the Social Security Number Protection Act. (b) Except as provided in subsection (c) of this section, a business may not do any of the following: (1) intentionally communicate or otherwise make available …

§ 2443. Definitions As used in this subchapter: (1) “Covered information” means personal information or material, or information that is linked to personal information or material, in any media or format that is: (A)(i) not publicly available; or (ii) made publicly available purs…

§ 2443a. Operator prohibitions (a) An operator shall not knowingly do any of the following with respect to its site, service, or application: (1) Engage in targeted advertising on the operator’s site, service, or application or target advertising on any other site, service, or ap…

§ 2443b. Operator duties An operator shall: (1) implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information and designed to protect that covered information from unauthorized access, destruction, use, modification, or d…

§ 2443c. Permissive use or disclosure An operator may use or disclose covered information of a student under the following circumstances: (1) if other provisions of federal or State law require the operator to disclose the information and the operator complies with the requiremen…

§ 2443d. Operator actions that are not prohibited This subchapter does not prohibit an operator from doing any of the following: (1) using covered information to improve educational products if that information is not associated with an identified student within the operator’s si…

§ 2443e. Applicability This subchapter does not: (1) limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order; (2) limit the ability of an operator to use student data, including covered info…

§ 2443f. Enforcement A person who violates a provision of this chapter commits an unfair and deceptive act in commerce in violation of section 2453 of this title. (Added 2019, No. 89 (Adj. Sess.), § 4.)

§ 2445. Safe destruction of documents containing personal information (a) As used in this section: (1) “Business” means sole proprietorship, partnership, corporation, association, limited liability company, or other group, however organized and whether or not organized to operate…

§ 2446. Annual registration (a) Annually, on or before January 31 following a year in which a person meets the definition of data broker as provided in section 2430 of this title, a data broker shall: (1) register with the Secretary of State; (2) pay a registration fee of $100.00…

§ 2447. Data broker duty to protect information; standards; technical requirements (a) Duty to protect personally identifiable information. (1) A data broker shall develop, implement, and maintain a comprehensive information security program that is written in one or more readily…

§ 2449a. Definitions [Effective January 1, 2027] As used in this subchapter: (1)(A) “Affiliate” means a legal entity that shares common branding with another legal entity or controls, is controlled by, or is under common control with another legal entity. (B) As used in subdivisi…

§ 2449b. Exclusions [Effective January 1, 2027] This subchapter does not apply to: (1) a federal, state, tribal, or local government entity in the ordinary course of its operation; (2) protected health information that a covered entity or business associate processes in accordanc…

§ 2449c. Minimum duty of care [Effective January 1, 2027] (a) A covered business that processes a covered minor’s data in any capacity owes a minimum duty of care to the covered minor. (b) As used in this subchapter, “a minimum duty of care” means the use of the personal data of …

§ 2449d. Required default privacy settings and tools [Effective January 1, 2027] (a) Default privacy settings. (1) A covered business shall configure all default privacy settings provided to a covered minor through the online service, product, or feature to the highest level of p…

§ 2449e. Transparency [Effective January 1, 2027] A covered business shall prominently and clearly provide on their website or mobile application: (1) the covered business’s privacy information, terms of service, policies, and community standards; (2) the purpose of each algorith…