§ 314.09. Violations.

The following acts shall constitute violations of this chapter:

(1)

Failing to comply with any provision of this chapter, any provisions of resolutions adopted by the commission pursuant to this chapter, or any written agreement entered into with the county.

(2)

Committing any act of fraud, misrepresentation, deceit, or gross negligence, regardless of reliance by or damage to a borrower, or any illegal activity in connection with a title loan transaction under this chapter.

(3)

Fraudulently misrepresenting, circumventing or concealing any matter required to be stated or furnished to a borrower pursuant to this chapter.

(4)

Willful imposition of illegal charges in any title loan transaction.

(5)

Engaging in false, deceptive, or misleading advertising.

(6)

Failing to maintain, preserve and keep available for examination, all books, accounts, or other documents required by this chapter, resolution of the commission, state or federal law, or any agreement entered into with the department.

(7)

Aiding, abetting, or conspiring with another person to circumvent or violate any of the requirements of this chapter, or the requirements of any state or federal law regulating title loan lenders.

(8)

Refusing to permit inspection of books or records in an investigation or examination by the department or refusal to comply with a subpoena issued by the department.

(9)

Engaging in criminal conduct in the course of business as a title loan lender.

(10)

Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years.

(11)

Making any agreement that requires or allows for the personal liability of the borrower or the waiver of any of the provisions of this chapter.

(12)

Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own name or the registered name of his business.

(13)

Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one third of the value of the motor vehicle. The value of the motor vehicle shall be determined by reference to the loan value in the current Southeastern Edition of the National Automobile Dealer's Association Official Used Car Guide. The value may vary based upon documented unique characteristics of the motor vehicle.

(14)

Failing to exercise reasonable care in the safekeeping of a certificate of title or motor vehicle repossessed pursuant to this chapter.

(15)

Failing to return a certificate of title or repossessed motor vehicle to a borrower, with any and all of the title lender's liens on the property properly released, within thirty (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order.

(16)

Charging or receiving any finance charge, interest, cost, or fee which is not permitted by this chapter.

(17)

Engaging in business as a title loan lender without a current, active license issued by the department issued pursuant to this chapter.

(18)

Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid.

(19)

Charging a prepayment penalty.

(20)

Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement.

(21)

Failing to account for and remit to the borrower all surplus proceeds from the disposal of the borrower's motor vehicle, within fifteen (15) days of disposal.

(22)

Advertising to engage in title loan transactions without a current, valid license issued by the department pursuant to this chapter.

(Ord. No. 99-27, § 9, 9-29-99)