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Utah Code § 70C-4-105

Class actions

Applied in 4 court decisions — leading case Homa v. American Express Co. (2009)

Most recently applied in Shetiwy v. Midland Credit Management (July 2013)

Enacted by Chapter 172, 2006 General Session

How often courts cite this section

20062010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In accordance with this section, a creditor may contract with the debtor of an open-end consumer credit contract for a waiver by the debtor of the right to initiate or participate in a class action related to the open-end consumer credit contract.

(2) To contract for the waiver described in Subsection (1), the creditor shall disclose the waiver:

(a) to the debtor;

(b) in the open-end consumer credit contract; and

(c) for an open-end consumer credit contract entered into on or after August 1, 2006, in:

(i) bold type; or

(ii) all capital letters.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.