(1) In applying the provisions of sections 5-5-109 and 56-112 to the actions of a lender, consideration shall be given to the following, among other factors:
The financial benefits of the loan to the consumer and the level of risk incurred bythe lender in extending credit;
The absence of collateral other than the instrument executed by the consumer payable to the lender;
The relation between the amount and terms of credit granted and the cost of makingthe loan.
A lender shall require a consumer to fill out a loan application at least once in eachtwelve-month period of time and shall maintain this application on file. The application shall be signed and dated by the consumer.
(a) A lender shall require the consumer to provide a pay stub or other evidence of income at least once each twelve-month period. Such evidence shall not be over forty-five days old when presented. If a lender requires a consumer to present a bank statement to secure a loan, the lender shall allow the consumer to delete from the statement the information regarding to whom the debits listed on the statement were payable.
(b) If the amount borrowed is not more than twenty-five percent of the consumer's monthly gross income and benefits, as evidenced by a paycheck stub or otherwise substantiated, a lender shall not be obligated to investigate the consumer's continued debt position, and the consumer's ability to repay the loan need not be further demonstrated.
(4) If a lender complies with the requirements of subsections (2) and (3) of this section, and the deferred deposit loan otherwise complies with this article and other applicable law, neither the consumer's inability to repay the loan nor the lender's decision to obtain or not obtain additional information concerning the consumer's creditworthiness shall be cause to determine that a loan is unconscionable.
Source: L. 2004: Entire section added, p. 320, § 8, effective July 1.