(1) Except as provided in Subsection (2), this part applies to:
(a) a creditor that is subject to this title; and
(b) a party who:
(i) has an office or place of business in this state; and
(ii) takes an assignment of or undertakes direct collection of a payment from or enforcement of a right against a debtor arising from a consumer credit transaction.
(2) Except where otherwise indicated, the following are exempt from this part:
(a) a depository institution as defined in Section 7-1-103 that is federally insured; and
(b) a wholly owned subsidiary of a depository institution described in Subsection (2)(a).