Text: HSB00149 Text: HSB00151 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 537.3311, Code 2001, is amended to read
1 2 as follows:
1 3 537.3311 DISCRIMINATION PROHIBITED.
1 4 A creditor shall not refuse to enter into a consumer credit
1 5 transaction or impose finance charges or other terms or
1 6 conditions more onerous than those regularly extended by that
1 7 creditor to consumers of similar economic backgrounds because
1 8 of the age, color, creed, national origin, political
1 9 affiliation, race, religion, sex, marital status or disability
1 10 of the consumer, or because the consumer receives public
1 11 assistance, social security benefits, pension benefits or the
1 12 like, or because of the exercise by the consumer of rights
1 13 pursuant to this chapter or other provisions of law, excluding
1 14 the exercise of rights under federal bankruptcy laws or
1 15 similar laws that directly affect the creditworthiness of the
1 16 consumer.
1 17 EXPLANATION
1 18 This bill amends Code section 537.3311, which prohibits
1 19 discrimination by a creditor in a consumer credit transaction.
1 20 In general, consumer credit transactions are consumer credit
1 21 sales, consumer loans, consumer leases, and consumer rental
1 22 purchase agreements of $25,000 or less.
1 23 The bill specifically excludes a consumer's filing under
1 24 federal bankruptcy laws or exercise of rights under similar
1 25 laws that directly affect the consumer's creditworthiness from
1 26 the protection granted to consumers against discrimination due
1 27 to the consumer's exercise of rights under the consumer credit
1 28 code or other provision of law. Consequently, a creditor
1 29 could consider a bankruptcy filing or similar exercise of
1 30 legal rights that affect creditworthiness without being
1 31 considered to have discriminated against the consumer under
1 32 this section of the Code.
1 33 A consumer has a right to recover actual damages in an
1 34 amount up to $1,000 for a violation of this section, pursuant
1 35 to Code section 537.5201.
2 1 LSB 2130HC 79
2 2 jj/cls/14
Text: HSB00149 Text: HSB00151 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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