Keeping and maintaining records – Unfair or deceptive acts – Device or agreement to obtain greater charges – Compliance with other laws – Jurisdiction and venue.

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A. Each licensee shall keep and use in its business any books, accounts and records the Administrator of the Department of Consumer Credit may require for purposes of this act and the rules promulgated pursuant thereto. Every licensee shall preserve the books, accounts and records for at least four (4) years. Any licensee, after receiving the prior written approval of the Administrator, may maintain records at a location within or outside this state.

B. A licensee shall not engage in unfair or deceptive acts, practices or advertising in the conduct of the licensed business.

C. A licensee shall not use any device or agreement, including agreements with affiliated licensees, with the intent to obtain greater charges than otherwise would be authorized by this act.

D. A licensee shall comply with any state or federal law, rule or regulation applicable to any business authorized or conducted under this act, including but not limited to Oklahoma Regulation Z, the federal Equal Credit Opportunity Act, 15 U.S.C., Sections 1691-1691f, and the federal Fair Debt Collection Practices Act, 15 U.S.C., Section 1692 et seq.

E. 1. No small loan subject to this act shall:

  • a.provide that the law of a jurisdiction other than Oklahoma law applies,
  • b.provide that the customer consents to the jurisdiction of another state or foreign country, or
  • c.establish venue.

2. Any provision described in this section that is contained in a written small loan agreement made after the effective date of this act shall be void and not enforceable as a matter of public policy.

Added by Laws 2019, c. 89, § 14, eff. Nov. 1, 2019.


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