US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 14A.

CONSUMER CREDIT CODE

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§14A-1-101.  Short title.

This act shall be known and may be cited as Uniform Consumer Credit Code.

Added by Laws 1969, c. 352, § 1-101, eff. July 1, 1969.

§14A-1-102.  Purposes - Rules of construction.

(1)  This act shall be liberally construed and applied to promote its underlying purposes and policies.

(2)  The underlying purposes and policies of this act are

(a) to simplify, clarify and modernize the law governing retail installment sales, consumer credit, small loans and usury;

(b) to provide rate ceilings to assure an adequate supply of credit to consumers;

(c) to further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable cost;

(d) to protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors;

(e) to permit and encourage the development of fair and economically sound consumer credit practices;

(f) to conform the regulation of consumer credit transactions to the policies of the Federal Consumer Credit Protection Act; and

(g) to make uniform the law including administrative rules among the various jurisdictions.

(3)  A reference to a requirement imposed by this act includes reference to a related rule of the Administrator adopted pursuant to this act.

Added by Laws 1969, c. 352, § 1-102, eff. July 1, 1969.

§14A-1-103.  Supplementary general principles of law applicable.

Unless displaced by the particular provisions of this act, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement its provisions.

Added by Laws 1969, c. 352, § 1-103, eff. July 1, 1969.

§14A-1-104.  Construction against implicit repeal.

This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

Added by Laws 1969, c. 352, § 1-104, eff. July 1, 1969.

§14A-1-105.  Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989.

§14A-1-106.  Change in dollar amount used in certain sections.

(1)  From time to time the dollar amounts in Sections 2201(2)(a), (b) and (c), 2203(1)(a), 2407(1), 2413, 3-203(1)(b), 3-203.1, 3508A(2)(a), 3508B(1), 3510(1), 3511(1)(a) and (b), 3514, and 5103(2) and (3) of the Uniform Consumer Credit Code, are hereby designated as subject to change and shall change, as provided in this section and the rules of the Administrator, according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: U.S. City Average, All Items, 1967=100, compiled by the Bureau of Labor Statistics, United States Department of Labor, and hereafter referred to as the Index.  The Index for December of the year 1973 shall be deemed the Reference Base Index.  The dollar amounts established by rule of the Administrator in Sections 2104(1)(e), 2106(1)(b) and 3104(4) in effect on January 1, 1982, shall remain in full force and effect.

(2)  The designated dollar amounts shall change on July 1 of each year if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is ten percent (10%) or more, but:

(a) the portion of the percentage change in the Index in excess of a multiple of ten percent (10%) shall be disregarded and the dollar amounts shall change only in multiples of ten percent (10%) of the amounts appearing in this Code on the date of enactment; and

(b) the dollar amounts shall not change if the amounts required by this section are those currently in effect pursuant to this Code as a result of earlier application of this section.

(3)  If the Index is revised, the percentage of change pursuant to this section shall be calculated on the basis of the revised Index.  If a revision of the Index changes the Reference Base Index, a revised Reference Base Index shall be determined by multiplying the Reference Base Index then applicable by the rebasing factor furnished by the United States Bureau of Labor Statistics.  If the Index is superseded, the Index referred to in this section shall be the one represented by the United States Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers.

(4)  The rules of the Administrator shall:

(a) include the method for calculating the changes in dollar amounts required by subsection (2) of this section;

(b) be amended in accordance with the Administrative Procedures Act to include changes in the Index required by subsection (3) of this section including, if applicable, the numerical equivalent of the Reference Base Index under a revised Reference Base Index and the designation or title of any index superseding the Index; and

(c) provide for appropriate notice to licensees and other interested persons of any changes in the dollar amounts which result from changes required by subsection (2) of this section no later than April 30 of each year.  Each dollar amount subject to change as provided in this section shall be listed in an appendix to the rules of the Administrator and shall be published in the Oklahoma Administrative Code.  Changes to the appendix shall be submitted to the Secretary of State prior to the annual deadline for submitting material for publication in the Code.  Changes in the appendix shall not be construed as rulemaking.

(5)  A person does not violate this act with respect to a transaction otherwise complying with this act if he relies on dollar amounts either determined according to subsection (2) of this section or appearing in the last rule of the Administrator announcing the then current dollar amounts.

Added by Laws 1979, c. 109, § 1, emerg. eff. April 25, 1979.  Amended by Laws 1979, c. 152, § 5, emerg. eff. May 9, 1979; Laws 1980, c. 122, § 5, emerg. eff. April 15, 1980; Laws 1982, c. 335, § 1, operative June 1, 1982; Laws 1988, c. 114, § 1, emerg. eff. April 6, 1988; Laws 1998, c. 352, § 2, eff. July 1, 1998; Laws 2002, c. 249, § 1, eff. Nov. 1, 2002.

NOTE:  Laws 1988, c. 8, § 2 repealed by Laws 1989, c. 353, § 14, emerg. eff. June 3, 1989.

§14A-1-107.  Waiver - Agreement to forego rights - Settlement of claims.

(1)  Except as otherwise provided in this act, a buyer, lessee or debtor may not waive or agree to forego rights or benefits under this act.

(2)  A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this act, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this act, if disputed in good faith, may be settled by agreement.

(3)  A claim, whether or not disputed, against a buyer, lessee or debtor may be settled for less value than the amount claimed.

Added by Laws 1969, c. 352, § 1-107, eff. July 1, 1969.

§14A-1-108.  Effect of act on powers of organizations.

(1)  This act prescribes maximum charges for all creditors, except lessors and those excluded (Section 1202), extending consumer credit including consumer credit sales (Section 2104), consumer loans (Section 3104), and consumer related sales and loans (Section 2602 and Section 3602), and displaces existing limitations on the powers of those creditors based on maximum charges.

(2)  With respect to sellers of goods or services, small loan companies, licensed lenders, consumer and sales finance companies, industrial banks and loan companies, and commercial banks and trust companies, this act displaces existing limitations on their powers based solely on amount or duration of credit.

(3)  Except as provided in subsection (1) and in the article on effective date and repealer (Article 9), this act does not displace limitations on powers of credit unions, savings banks, savings and loan associations, or other thrift institutions whether organized for the profit of shareholders or as mutual organization.

(4)  Except as provided in subsections (1) and (2) and in the article on effective date and repealer (Article 9), this act does not displace

(a) limitations on powers of supervised financial organizations (subsection (17) of Section 1301) with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land, or other similar restrictions designed to protect deposits, or

(b) limitations on powers an organization is authorized to exercise under the laws of this state or the United States.

Added by Laws 1969, c. 352, § 1-108, eff. July 1, 1969.

§14A-1-109.  Discrimination in extension of credit on basis of sex or marital status prohibited.

(1)  With respect to a "Consumer Credit Sale", "Consumer Lease", or "Consumer Loan", no creditor shall limit or refuse to extend credit solely on the basis of the sex or marital status of the consumer.

(2)  The provisions of this section shall be enforced by the Administrator of the Department of Consumer Credit in accordance with his statutory powers and duties.

Added by Laws 1974, c. 95, § 1.  Amended by Laws 1979, c. 101, § 1, emerg. eff. April 25, 1979.

§14A-1-110.  Use of cash discounts.

With respect to a credit card which may be used for extensions of credit in sales transactions in which the seller is a person other than the card issuer, the card issuer may not, by contract or otherwise, prohibit any such seller from offering a discount to a cardholder to induce the cardholder to pay by cash, check or similar means rather than use a credit card.

Added by Laws 1976, c. 263, § 3, emerg. eff. June 17, 1976.

§14A-1-201.  Territorial application.

(1)  Except as otherwise provided in this section, this act applies to sales, leases, and loans made in this state and to modifications, including refinancings, consolidations, and deferrals, made in this state, of sales, leases, and loans, wherever made.  For purposes of this act

(a) a sale or modification of a sale agreement is made in this state if the buyer's agreement or offer to purchase or to modify is received by the seller in this state;

(b) a lease or modification of a lease agreement is made in this State if the lessee's agreement or offer to lease or to modify is received by the lessor in this state; and

(c) a loan or modification of a loan agreement is made in this state if a writing signed by the debtor and evidencing the debt is received by the lender in this state.

(2)  With respect to sales made pursuant to a revolving charge account (Section 2108), this act applies if the buyer's communication or indication of his intention to establish the account is received by the seller in this state.  If no communication or indication of intention is given by the buyer before the first sale, this act applies if the seller's communication notifying the buyer of the privilege of using the account is mailed or personally delivered in this state.

(3)  With respect to loans made pursuant to a lender credit card or similar arrangement (subsection (9) of Section 1301), this act applies if the debtor's communication or indication of his intention to establish the arrangement with the lender is received by the lender in this state.  If no communication or indication of intention is given by the debtor before the first loan, this act applies if the lender's communication notifying the debtor of the privilege of using the arrangement is mailed or personally delivered in this state.

(4)  The part on limitations on creditors' remedies (Part 1) of the article on remedies and penalties (Article 5) applies to actions or other proceedings brought in this state to enforce rights arising from consumer credit sales, consumer leases, consumer loans, or extortionate extensions of credit, wherever made.

(5)  If a consumer credit sale, consumer lease, or consumer loan, or modification thereof, is made in another state to a person who is a resident of this state when the sale, lease, loan, or modification is made, the following provisions apply as though the transaction occurred in this state:

(a) a seller, lessor, lender, or assignee of his rights, may not collect charges through actions or other proceedings in excess of those permitted by the article on credit sales (Article 2) or by the article on loans (Article 3); and

(b) a seller, lessor, lender, or assignee of his rights, may not enforce rights against the buyer, lessee, or debtor, with respect to the provisions of agreements which violate the provisions on limitations on agreements and practices (Part 4) of the article on credit sales (Article 2) or of the article on loans (Article 3).

(6)  Except as provided in subsection (4), a sale, lease, loan, or modification thereof, made in another state to a person who was not a resident of this state when the sale, lease, loan, or modification was made is valid and enforceable in this state according to its terms to the extent that it is valid and enforceable under the laws of the state applicable to the transaction.

(7)  For the purposes of this act, the residence of a buyer, lessee, or debtor, is the address given by him as his residence in any writing signed by him in connection with a credit transaction. Until he notifies the creditor of a new or different address, the given address is presumed to be unchanged.

(8)  Notwithstanding other provisions of this section

(a) except as provided in subsection (4), this act does not apply if the buyer, lessee, or debtor is not a resident of this state at the time of a credit transaction and the parties then agree that the law of his residence applies; and

(b) this act applies if the buyer, lessee, or debtor is a resident of this state at the time of a credit transaction and the parties then agree that the law of this state applies.

(9)  Except as provided in subsection (8), the following agreements by a buyer, lessee, or debtor are invalid with respect to consumer credit sales, consumer leases, consumer loans, or modifications thereof, to which this act applies:

(a) that the law of another state shall apply;

(b) that the buyer, lessee, or debtor consents to the jurisdiction of another state; and

(c) that fixes venue.

(10)  The following provisions of this act specify the applicable law governing certain cases:

(a) applicability (Section 6102) of the part on powers and functions of administrator (Part 1) of the article on administration (Article 6); and

(b) applicability (Section 6201) of the part on notification and Fees (Part 2) of the article on administration (Article 6).

Added by Laws 1969, c. 352, § 1-201, eff. July 1, 1969.

§14A-1-201A.  Extraterritorial application.

With respect to a consumer credit sale or consumer loan to which this Code does not otherwise apply by reason of Section 1201, if, pursuant to a solicitation relating to a consumer credit sale or loan received in this state, a person who is a resident of this state sends a signed writing evidencing the obligation or offer of the person to a creditor in another state, and the person receives the goods or services purchased or the cash proceeds of the loan in this state:

1.  The creditor may not contract for or receive charges exceeding those permitted by this Code, and such charges as do exceed those permitted are excess charges for purposes of Sections 5202 (3) and (4) and 6113 of the Code and such sections shall apply as though the consumer credit sale or consumer loan were made in this state; and

2.  The provisions on powers and functions of administrator (Part 1 of Article 6 of this Code) shall apply as though the consumer credit sale or consumer loan were made in this state.

Added by Laws 1975, c. 129, § 1, emerg. eff. May 13, 1975.

§14A-1-202.  Exclusions.

This act does not apply to

(1)  Extensions of credit to government or governmental agencies or instrumentalities;

(2)  The sale of insurance by an insurer, except as otherwise provided in the article on insurance (Article 4);

(3)  Transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates the charges for the services involved, the charges for delayed payment and any discount allowed for early payment;

(4)  Pawnbrokers engaging in pawn transactions as defined in the Oklahoma Pawnshop Act; or

(5)  Loans made to enable the debtor to build or purchase a residence or to refinance such loan when made by a lender whose loans are supervised by an agency of the United States or made by a Federal Housing Administration approved mortgagee unless the loan is made subject to this act by agreement (Section 3601), and except as provided with respect to disclosure (Section 3301), debtors' remedies (Section 5201) and loan finance charges for other loans (Section 3605).

Added by Laws 1969, c. 352, § 1-202, eff. July 1, 1969.  Amended by Laws 1972, c. 255, § 13; Laws 1980, c. 122, § 1, emerg. eff. April 15, 1980; Laws 1982, c. 335, § 2, operative June 1, 1982.

§14A-1-301.  General definitions.

In addition to definitions appearing in subsequent articles, in this title:

(1)  "Actuarial Method" means the method, defined by rules adopted by the Administrator, of allocating payments made on a debt between principal or amount financed and loan finance charge or credit service charge pursuant to which a payment is applied first to the accumulated loan finance charge or credit service charge and the balance is applied to the unpaid principal or unpaid amount financed.

(2)  "Administrator" means the Administrator designated in the article (Article 6) on administration under Section 6103 of this title.

(3)  "Agreement" means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance.

(4)  "Agricultural purpose" means a purpose related to the production, harvest, exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures the agricultural products.  "Agricultural products" includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured products thereof.

(5)  "Closing costs" with respect to a debt secured by an interest in land includes:

(a) fees or premiums for title examination, title insurance or similar purposes including surveys;

(b) fees for preparation of a deed, settlement statement or other documents;

(c) escrows for future payments of taxes and insurance;

(d) fees for notarizing deeds and other documents;

(e) appraisal fees; and

(f) credit reports.

(6)  "Conspicuous":  A term or clause is "conspicuous" when it is so written that a reasonable person against whom it is to operate ought to have noticed it.  Whether a term or clause is conspicuous or not is for decision by the court.

(7)  "Credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

(8)  "Earnings" means compensation paid or payable to an individual or for the individual's account for personal services rendered or to be rendered by the individual, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension, retirement, or disability program.

(9)  "Lender credit card or similar arrangement" means an arrangement or loan agreement, other than a seller credit card, pursuant to which a lender gives a debtor the privilege of using a credit card, letter of credit, or other credit confirmation or identification in transactions out of which debt arises:

(a) by a lender's honoring a draft or similar order for the payment of money drawn or accepted by the debtor;

(b) by the lender's payment or agreement to pay the debtor's obligations; or

(c) by the lender's purchase from the obligee of the debtor's obligations.

(10) (a) "Subsection 10 mortgage" means a consumer credit transaction that is secured by the consumer's principal dwelling, other than a residential mortgage transaction, a reverse mortgage transaction, or a transaction under an open-end credit plan, if:

(i) the annual percentage rate at consummation of the transaction will exceed by more than eight (8) percentage points for first-lien loans, or by more than ten (10) percentage points for subordinate-lien loans, the yield on treasury securities having comparable periods of maturity on the fifteenth day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor; or

(ii) the total points and fees payable by the consumer at or before closing will exceed the greater of:

(aa) eight percent (8%) of the total loan amount; or

(bb) Four Hundred Dollars ($400.00).

(b) After the two-year period beginning on the effective date of the regulations promulgated under Section 155 of the Riegle Community Development and Regulatory Improvement Act of 1994, and no more frequently than biennially after the first increase or decrease under this subsection, the Administrator may by rule increase or decrease the number of percentage points specified in subparagraph (i) of paragraph (a) of this subsection, if the Administrator determines that the increase or decrease is consistent with the consumer protections against abusive lending provided by the amendments made by subtitle B of Title I of the Riegle Community Development and Regulatory Improvement Act of 1994 and is warranted by the need for credit.

Such an increase or decrease may not result in the number of percentage points referred to in this subsection being less than eight (8) percentage points or greater than twelve (12) percentage points.

In determining whether to increase or decrease the number of percentage points, the Administrator shall consult with representatives of consumers, including low-income consumers, and lenders.

(c) The amount specified in division (bb) of subparagraph (ii) of paragraph (a) of this subsection shall be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index, as reported on June 1 of the year preceding such adjustment.

(d) For purposes of subparagraph (ii) of paragraph (a) of this subsection, points and fees shall include:

(i) all items included in the finance charge, except interest or the time-price differential;

(ii) all compensation paid to mortgage brokers;

(iii) each of the charges listed in 15 U.S.C., Section 1605(e), except an escrow for future payment of taxes, unless:

(aa) the charge is reasonable;

(bb) the creditor receives no direct or indirect compensation; and

(cc) the charge is paid to a third party unaffiliated with the creditor;

(iv) premiums or other charges for credit life, accident, health, or loss-of-income insurance, or debt-cancellation coverage, whether or not the debt-cancellation coverage is insurance under applicable law, that provides for cancellation of all or part of the consumer's liability in the event of the loss of life, health, or income or in the case of accident, written in connection with the credit transaction; and

  (v) such other charges as the Administrator determines to be appropriate.

(e) The provisions of this subsection shall not be construed to limit the rate of interest or the finance charge that a person may charge a consumer for any extension of credit.

(11) "Official fees" means:

(a) fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest related to a consumer credit sale, consumer lease, or consumer loan; or

(b) premiums payable for insurance in lieu of perfecting a security interest otherwise required by the creditor in connection with the sale, lease, or loan if the premium does not exceed the fees and charges described in paragraph (a) which would otherwise be payable.

(12)  "Organization" means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative or association.

(13)  "Payable in installments" means that payment is required or permitted by agreement to be made in:

(a) two or more periodic payments, excluding a down payment, with respect to a debt arising from a consumer credit sale pursuant to which a credit service charge is made;

(b) four or more periodic payments, excluding a down payment, with respect to a debt arising from a consumer credit sale pursuant to which no credit service charge is made; or

(c) two or more periodic payments with respect to a debt arising from a consumer loan.

If any periodic payment other than the down payment under an agreement requiring or permitting two or more periodic payments is more than twice the amount of any other periodic payment, excluding the down payment, the consumer credit sale, consumer lease, or consumer loan is "payable in installments."

(14)  "Person" includes a natural person or an individual, and an organization, joint venture or any legal entity however organized.

(15) (a) "Person related to" with respect to an individual means:

(i) the spouse of the individual;

(ii) a brother, brother-in-law, sister, sister-in-law of the individual;

(iii) an ancestor or lineal descendant of the individual or the individual's spouse; and

(iv) any other relative, by blood or marriage, of the individual or the individual's spouse who shares the same home with the individual.

(b) "Person related to" with respect to an organization means:

(1) a person directly or indirectly controlling, controlled by or under common control with the organization;

(2) an officer or director of the organization or a person performing similar functions with respect to the organization or to a person related to the organization;

(3) the spouse of a person related to the organization; and

(4) a relative by blood or marriage of a person related to the organization who shares the same home with such person.

(16)  "Presumed" or "presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

(17)  "Residential mortgage transaction" means a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained against the consumer's dwelling to finance the acquisition or initial construction of such dwelling.

(18)  "Reverse mortgage transaction" means a nonrecourse transaction in which a mortgage, deed of trust, or equivalent consensual security interest is created against the consumer's principal dwelling:

(a) securing one or more advances; and

(b) with respect to which the payment of any principal, interest, and shared appreciation or equity is due and payable (other than in the case of default) only after:

(i) the transfer of the dwelling;

(ii) the consumer ceases to occupy the dwelling as a principal dwelling; or

(iii) the death of the consumer.

(19)  "Seller credit card" means an arrangement pursuant to which a person gives to a buyer or lessee the privilege of using a credit card, letter of credit or other credit confirmation or identification primarily for the purpose of purchasing or leasing goods or services from that person, or:

(a) from a person related to that person;

(b) from others licensed or franchised to do business under the person's business or trade name or designation; or

(c) from any other persons with the consent of that person.

(20)  "Supervised financial organization" means a person, other than an insurance company or other organization primarily engaged in an insurance business:

(a) organized, chartered, or holding an authorization certificate under the laws of this state or of the United States which authorizes the person to make loans and to receive deposits, including a savings, share, certificate or deposit account; and

(b) subject to supervision by an official or agency of this state or the United States other than the Oklahoma Securities Commission.

Added by Laws 1969, c. 352, § 1-301, eff. July 1, 1969.  Amended by Laws 2000, c. 217, § 1, eff. July 1, 2000; Laws 2003, c. 330, § 7, eff. Jan. 1, 2004.

§14A-1-302.  Definition: "Federal Consumer Credit Protection Act".

In this act "Federal Consumer Credit Protection Act" means the Consumer Credit Protection Act (Public Law 90321; 82 Stat. 146), as amended, including the amendments to the Federal Consumer Credit Protection Act in the Truth in Lending Simplification and Reform Act (Public Law 96221; 94 Stat. 168185), and includes regulations issued pursuant to those Acts.

Added by Laws 1969, c. 352, § 1-302, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 3, operative Oct. 1, 1982.

§14A-1-303.  Index of definitions in act.

Definitions in this title and the sections in which they appear are:

"Actuarial method" - Section 1301(1)

"Administrator" - Section 1301(2)

"Administrator" - Section 6103

"Agreement" - Section 1301(3)

"Agricultural purpose" - Section 1301(4)

"Amount financed" - Section 2111

"Annual percentage rate" (sale) - Section 2304(2)

"Annual percentage rate" (loan) - Section 3304(2)

"Cash price" - Section 2110

"Closing costs" - Section 1301(5)

"Conspicuous" - Section 1301(6)

"Consumer credit insurance" - Section 4103

"Consumer credit sale" - Section 2104

"Consumer lease" - Section 2106

"Consumer loan" - Section 3104

"Corresponding nominal annual percentage rate" (sale) - Section 2304(3)

"Corresponding nominal annual percentage rate" (loan) - Section 3304(3)

"Credit" - Section 1301(7)

"Credit service charge" - Section 2109

"Earnings" - Section 1301(8)

"Federal Consumer Credit Protection Act" - Section 1302

"Goods" - Section 2105(1)

"Home solicitation sale" - Section 2501

"Lender" - Section 3107(1)

"Lender credit card or similar arrangement" - Section 1301(9)

"License" - Section 3503

"Loan" - Section 3106

"Loan finance charge" - Section 3109

"Loan primarily secured by an interest in land" - Section 3105

"Merchandise certificate" - Section 2105(2)

"Official fees" - Section 1301(11)

"Organization" - Section 1301(12)

"Payable in installments" - Section 1301(13)

"Person" - Section 1301(14)

"Person related to" - Section 1301(15)

"Precomputed (loan)" - Section 3107(2)

"Precomputed (sale)" - Section 2105(7)

"Presumed" or "presumption" - Section 1301(16)

"Principal" - Section 3107(3)

"Residential mortgage transaction" - Section 1-301(17)

"Reverse mortgage transaction" - Section 1-301(18)

"Revolving charge account" - Section 2108

"Revolving loan account" - Section 3108

"Sale of goods" - Section 2105(4)

"Sale of an interest in land" - Section 2105(6)

"Sale of services" - Section 2105(5)

"Seller" - Section 2107

"Seller credit card" - Section 1301(19)

"Services" - Section 2105(3)

"Subsection 10 mortgage" - Section 1-301(10)

"Supervised financial organization" - Section 1301(20)

"Supervised lender" - Section 3501(2)

"Supervised loan" - Section 3501(1)

Added by Laws 1969, c. 352, § 1-303, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 4, operative June 1, 1982; Laws 2000, c. 217, § 2, eff. July 1, 2000.

§14A-2-101.  Short title.

This article shall be known and may be cited as Uniform Consumer Credit Code - Credit Sales.

Added by Laws 1969, c. 352, § 2-101, eff. July 1, 1969.

§14A-2-102.  Scope.

This article applies to consumer credit sales, including home solicitation sales, and consumer leases.

Added by Laws 1969, c. 352, § 2-102, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 5, operative June 1, 1982.

§14A-2-103.  Definitions in article.

The following definitions apply to this act and appear in this article as follows:

"Amount financed" - Section 2111

"Annual percentage rate" - Section 2304(2)

"Cash price" - Section 2110

"Consumer credit sale" - Section 2104

"Consumer lease" - Section 2106

"Corresponding nominal annual percentage rate" - Section 2304(3)  "Credit service charge" - Section 2109

"Goods" - Section 2105(1)

"Home solicitation sale" - Section 2501

"Merchandise certificate" - Section 2105(2)

"Precomputed" - Section 2105(7)

"Revolving charge account" - Section 2108

"Sale of goods" - Section 2105(4)

"Sale of an interest in land" - Section 2105(6)

"Sale of services" - Section 2105(5)

"Seller" - Section 2107

"Services" - Section 2105(3)

Added by Laws 1969, c. 352, § 2-103, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 6, operative June 1, 1982.

§14A-2-104.  Definition: "Consumer credit sale".

(1)  Except as provided in subsection (2), "consumer credit sale" is a sale of goods, services or an interest in land in which

(a) credit is granted by a person who regularly engages as a seller in credit transactions of the same kind;

(b) the buyer is a person other than an organization;

(c) the goods, services or interest in land are purchased primarily for a personal, family or household purpose;

(d) either the debt is payable in installments or a credit service charge is made; and

(e) with respect to a sale of goods or services, the amount financed does not exceed Fortyfive Thousand Dollars ($45,000.00).

(2)  Unless the sale is made subject to this act by agreement (Section 2601), "consumer credit sale" does not include

(a) a sale in which the seller allows the buyer to purchase goods or services pursuant to a lender credit card or similar arrangement; or

(b) except as provided with respect to disclosure (Section 2301) and debtors' remedies (Section 5201), a sale of an interest in land if the credit service charge does not exceed thirteen percent (13%) per year calculated according to the actuarial method on the unpaid balances of the amount financed on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term.

Added by Laws 1969, c. 352, § 2-104, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 7, operative June 1, 1982.

§14A-2-105.  Definitions:  "Goods"; "Merchandise certificate"; "Services"; "Sale of goods"; "Sale of services"; "Sale of an interest in land"; "Precomputed".

(1)  "Goods" includes goods not in existence at the time the transaction is entered into and merchandise certificates, but excludes money, chattel paper, documents of title, and instruments.

(2)  "Merchandise certificate" means a writing issued by a seller not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services.

(3)  "Services" includes

(a) work, labor, and other personal services:

(b) privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like; and

(c) insurance provided by a person other than the insurer.

(4)  "Sale of goods" includes any agreement in the form of a bailment or lease of goods if the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the goods involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the goods upon full compliance with his obligations under the agreement.

(5)  "Sale of services" means furnishing or agreeing to furnish services and includes making arrangements to have services furnished by another.

(6)  "Sale of an interest in land" includes a lease in which the lessee has an option to purchase the interest and all or a substantial part of the rental or other payments previously made by him are applied to the purchase price.

(7)  A sale, refinancing, or consolidation is "precomputed" if the debt is expressed as a sum comprising the amount financed and the amount of the credit service charge computed in advance.

Added by Laws 1969, c. 352, § 2-105, eff. July 1, 1969.

§14A-2-106.  Definition:  "Consumer lease".

(1)  "Consumer lease" means a lease of goods

(a) which a lessor regularly engaged in the business of leasing makes to a person, other than an organization, who takes under the lease primarily for a personal, family or household purpose;

(b) in which the amount payable under the lease does not exceed Fortyfive Thousand Dollars ($45,000.00); and

(c) which is for a term exceeding four (4) months.

(2)  "Consumer lease" does not include a lease made pursuant to a lender credit card or similar arrangement.

Added by Laws 1969, c. 352, § 2-106, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 8, operative June 1, 1982.

§14A-2-107.  Definition:  "Seller".

Except as otherwise provided, "seller" includes an assignee of the seller's right to payment but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.

Added by Laws 1969, c. 352, § 2-107, eff. July 1, 1969.

§14A-2-108.  Definition:  "Revolving charge account".

"Revolving charge account" means an open end credit plan between a seller and a buyer under

(1)  which the seller reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and pursuant to which the seller will permit the buyer to purchase goods or services on credit either from the seller or pursuant to a seller credit card; and

(2)  which provides for a credit service charge which is not precomputed but is computed on the outstanding unpaid balances of the buyer's account from time to time.

Added by Laws 1969, c. 352, § 2-108, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 9, operative June 1, 1982.

§14A-2-109.  Definition:  "Credit service charge".

"Credit service charge" means a finance charge composed of the sum of

(1)  all charges payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to the extension of credit, including any of the following types of charges which are applicable:  time price differential, service, carrying or other charge, however denominated, premium or other charge for any guarantee or insurance protecting the seller against the buyer's default or other credit loss; and

(2)  charges incurred for investigating the collateral or credit worthiness of the buyer or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the seller had no notice of the charges when the credit was granted. The term does not include charges as a result of default, additional charges (Section 2202), delinquency charges (Section 2203), deferral charges (Section 2204), sellers points or charges of a type payable in a comparable cash transaction.

Added by Laws 1969, c. 352, § 2-109, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 10, operative June 1, 1982.

§14A-2-110.  Definition:  "Cash price".

Except as the Administrator may otherwise prescribe by rule, the "cash price" of goods, services, or an interest in land means the price at which the goods, services, or interest in land are offered for sale by the seller to cash buyers in the ordinary course of business, and may include

(1)  applicable sales, use, and excise and documentary stamp taxes;

(2)  the cash price of accessories or related services such as delivery, installation, servicing, repairs, alterations, and improvements; and

(3)  amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees.

The cash price stated by the seller to the buyer pursuant to the provisions on disclosure (Part 3) of this article is presumed to be the cash price.

Added by Laws 1969, c. 352, § 2-110, eff. July 1, 1969.

§14A-2-111.  Definition:  "Amount financed".

"Amount financed" means the total of the following items to the extent that payment is deferred:

(1)  the cash price of the goods, services, or interest in land, less the amount of any down payment whether made in cash or in property traded in;

(2)  the amount actually paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest in or a lien on property traded in; and

(3)  if not included in the cash price

(a) any applicable sales, use, or excise and documentary stamp taxes;

(b) amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees; and

(c) additional charges permitted by this article (Section 2202).

Added by Laws 1969, c. 352, § 2-111, eff. July 1, 1969.

§14A-2-112.  Sale of motor vehicles - Taking security in other vehicles.

A seller in a consumer credit sale of a motor vehicle may secure the debt arising from the sale by contracting for a security interest in any other motor vehicle used for the purpose of transportation of persons or property, as well as the motor vehicle which is the subject of the sale.  Provided, further, that the amount of the debt secured by property other than the motor vehicle which is the subject of the sale shall be clearly set forth and when the total debt is reduced to an amount equal to or less than the amount secured by the motor vehicle which is the subject of the sale, a release of the security agreement as to such "other vehicle" will be furnished to the debtor upon request but such partial release shall not impair the security interest on the motor vehicle which was the subject of the sale.  The total amount secured by any transaction authorized hereunder cannot exceed the amount of the sale price of the motor vehicle, and further, the seller cannot advance money or other things of value to be included in such consumer transaction.

Laws 1974, c. 255, § 1.

§14A-2-201.  Credit service charge for consumer credit sales other than revolving charge accounts.

(1)  With respect to a consumer credit sale, other than a sale pursuant to a revolving charge account, a seller may contract for and receive a credit service charge not exceeding that permitted by this section.

(2)  The credit service charge, calculated according to the actuarial method, may not exceed the equivalent of the greater of either of the following:

(a) the total of

(i) thirty percent (30%) per year on that part of the unpaid balances of the amount financed which is Three Hundred Dollars ($300.00) or less;

  (ii) twentyone percent (21%) per year on that part of the unpaid balances of the amount financed which is more than Three Hundred Dollars ($300.00) but does not exceed One Thousand Dollars ($1,000.00); and

  (iii) fifteen percent (15%) per year on that part of the unpaid balances of the amount financed which is more than One Thousand Dollars ($1,000.00); or

(b) twentyone percent (21%) per year on the unpaid balances of the amount financed.

(3)  This section does not limit or restrict the manner of contracting for the credit service charge, whether by way of addon, discount, or otherwise, so long as the rate of the credit service charge does not exceed that permitted by this section.  If the sale is precomputed

(a) the credit service charge may be calculated on the assumption that all scheduled payments will be made when due; and

(b) the effect of prepayment is governed by the provisions on rebate upon prepayment (Section 2210).

(4)  For the purposes of this section, the term of a sale agreement commences with the date the credit is granted or, if goods are delivered or services performed ten (10) days or more after that date, with the date of commencement of delivery or performance. Differences in the lengths of months are disregarded and a day may be counted as onethirtieth (1/30) of a month.  Subject to classifications and differentiations the seller may reasonably establish, a part of a month in excess of fifteen (15) days may be treated as a full month if periods of fifteen (15) days or less are disregarded and that procedure is not consistently used to obtain a greater yield than would otherwise be permitted.

(5)  Subject to classifications and differentiations the seller may reasonably establish, he may make the same credit service charge on all amounts financed within a specified range.  A credit service charge so made does not violate subsection (2) if

(a) when applied to the median amount within each range, it does not exceed the maximum permitted by subsection (2); and

(b) when applied to the lowest amount within each range, it does not produce a rate of credit service charge exceeding the rate calculated according to paragraph (a) by more than eight percent (8%) of the rate calculated according to paragraph (a).

(6)  Notwithstanding subsection (2), the seller may contract for and receive a minimum credit service charge of not more than Five Dollars ($5.00) when the amount financed does not exceed Seventyfive Dollars ($75.00) or not more than Seven Dollars and fifty cents ($7.50) when the amount financed exceeds Seventyfive Dollars ($75.00).

Added by Laws 1969, c. 352, § 2-201, eff. July 1, 1969.  Amended by Laws 1981, c. 177, § 1.

§14A-2-202.  Additional charges.

(1)  In addition to the credit service charge permitted by this part, a seller may contract for and receive the following additional charges in connection with a consumer credit sale:

(a) official fees that are itemized and disclosed in accordance with rules of the Administrator, reasonable closing costs, and taxes;

(b) charges for insurance as described in subsection (2);

(c) charges for other benefits, including insurance, conferred on the buyer, if the benefits are of value to him and if the charges are reasonable in relation to the benefits, are of a type which is not for credit, and are excluded as permissible additional charges from the credit service charge by rule adopted by the Administrator; and

(d) charges to recover the costs associated with processing applications, including but not limited to cost of services such as credit reports and credit investigations.

(2)  An additional charge may be made for insurance written in connection with the sale, other than insurance protecting the seller against the buyer's default or other credit loss,

(a) with respect to insurance against loss of or damage to property, or against liability, if the seller furnishes a clear and specific statement in writing to the buyer, setting forth the cost of the insurance if obtained from or through the seller, and stating that the buyer may choose the person through whom the insurance is to be obtained; and

(b) with respect to consumer credit insurance providing life, accident or health coverage, if the insurance coverage is not a factor in the approval by the seller of the extension of credit and this fact is clearly disclosed in writing to the buyer, and if, in order to obtain the insurance in connection with the extension of credit, the buyer gives specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof.

Added by Laws 1969, c. 352, § 2-202, eff. July 1, 1969.  Amended by Laws 1970, c. 282, § 2; Laws 1982, c. 335, § 11, operative June 1, 1982; Laws 1991, c. 331, § 59, eff. Sept. 1, 1991.

§14A-2-202.1.  Return of dishonored check, negotiable order of withdrawal or share draft fee.

The seller may charge and collect from the buyer a fee for each return by a bank or other depository institution of a dishonored check, negotiable order of withdrawal or share draft issued by the buyer in connection with a consumer credit sale.  The amount of the fee shall be limited to the amount which the Oklahoma Tax Commission or a motor license agent may charge and collect pursuant to the provisions of Section 1121 of Title 47 of the Oklahoma Statutes.  This fee shall be in addition to all other credit service charges, fees or additional charges which the seller may charge and collect from the buyer under this Code.

Added by Laws 1984, c. 51, § 1, emerg. eff. March 28, 1984.  Amended by Laws 2000, c. 114, § 1, eff. Nov. 1, 2000.

§14A-2-202.2.  Over-the-limit charge.

The seller on a revolving charge account accessed by a seller credit card or similar arrangement may contract for and collect from the buyer an overthelimit charge of Ten Dollars ($10.00) for each time the buyer exceeds the designated credit limit on the amount. This charge shall be in addition to all other credit service charges, fees or additional charges which the seller may charge and collect from the buyer under the Uniform Consumer Credit Code, Section 1101 et seq. of this title.

Added by Laws 1988, c. 35, § 2, operative July 1, 1988.  Amended by Laws 1989, c. 122, § 1, eff. July 1, 1989.

§14A-2-203.  Delinquency charges.

(1)  With respect to a consumer credit sale, refinancing, or consolidation, including a revolving charge account, the parties may contract for a delinquency charge on any installment not paid in full within ten (10) days after its scheduled due date as follows:

(a) an amount, not exceeding the greater of five percent (5%) of the unpaid portion of the scheduled installment or Five Dollars ($5.00), subject to adjustment pursuant to Section 1-106 of this title; or

(b) the deferral charge, as set forth in subsection (1) of Section 2204 of this title, that would be permitted to defer the unpaid amount of the installment for the period that it is delinquent.

However, a minimum late fee of Five Dollars ($5.00) may be contracted for by the parties under either paragraph (a) or (b) of this subsection.

(2)  A delinquency charge under paragraph (a) of subsection (1) of this section may be collected only once on an installment however long it remains in default.  No delinquency charge may be collected if the installment has been deferred and a deferral charge, Section 2204 of this title, has been paid or incurred.  A delinquency charge may be collected at the time it accrues or at any time thereafter.

(3)  No delinquency charge may be collected on an installment which is paid in full within ten (10) days after its scheduled installment due date even though an earlier maturing installment or a delinquency charge on an earlier installment may not have been paid in full.  For purposes of this subsection payments are applied first to current installments and then to delinquent installments.

(4)  With regard to a revolving account, no more than one delinquency charge may be imposed in each billing cycle and it may be collected at any time after it accrues either independently of any payment made on the account or from a payment made if the seller discloses delinquency charges to the buyer on the billing statement.

Added by Laws 1969, c. 352, § 2-203, eff. July 1, 1969.  Amended by Laws 1988, c. 35, § 1, operative July 1, 1988; Laws 1989, c. 122, § 2, eff. July 1, 1989; Laws 2000, c. 217, § 3, eff. July 1, 2000; Laws 2002, c. 249, § 2, eff. Nov. 1, 2002.

§14A-2-204.  Deferral charges.

(1)  With respect to any consumer credit sale, refinancing or consolidation, the parties before or after default may agree in writing to a deferral of all or part of one or more unpaid installments.

(2)  With respect to a consumer credit sale, refinancing, or consolidation, which is not precomputed, at the time of deferral the buyer may agree in writing to a deferral charge that the seller may make and collect.

(3)  With respect to a precomputed consumer credit sale, refinancing, or consolidation, the seller may make and collect a charge not exceeding the rate previously stated to the buyer pursuant to the provisions on disclosure (Part 3) applied to the amount or amounts deferred for the period of deferral calculated without regard to differences in lengths of months, but proportionally for a part of a month, counting each day as onethirtieth (1/30) of a month.

(4)  A deferral charge may be collected at the time it is assessed or at any time thereafter.

(5)  The seller may, in addition to the deferral charge, make appropriate additional charges (Section 2202). The amount of these additional charges which is not paid in cash may be added to the amount financed.  With respect to a precomputed consumer credit sale, refinancing, or consolidation, these additional charges not paid in cash may be considered part of the amount deferred for the purpose of calculating the deferral charge.

(6)  The parties may agree in writing at the time of a precomputed consumer credit sale, refinancing, or consolidation that if an installment is not paid within ten (10) days after its due date, the seller may unilaterally grant a deferral and make charges as provided in subsection (3) of this section.

(7)  No deferral charge may be made for a period after the date that the seller elects to accelerate the maturity of the agreement, except in circumstances where the seller waives the acceleration and the parties then mutually agree to a deferral.

(8)  With respect to a precomputed consumer credit sale, refinancing, or consolidation, a delinquency charge made by the seller on an installment may not be retained if a deferral charge is made pursuant to this section with respect to the period of delinquency.

Added by Laws 1969, c. 352, § 2-204, eff. July 1, 1969.  Amended by Laws 2003, c. 65, § 1, emerg. eff. April 10, 2003.

§14A-2-205.  Credit service charge on refinancing.

With respect to a consumer credit sale, refinancing, or consolidation, the seller may by agreement with the buyer refinance the unpaid balance and may contract for and receive a credit service charge based on the amount financed resulting from the refinancing at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sales (Section 2201).  For the purpose of determining the credit service charge permitted, the amount financed resulting from the refinancing comprises the following:

(1)  if the transaction was not precomputed, the total of the unpaid balance and accrued charges on the date of refinancing, or, if the transaction was precomputed the amount which the buyer would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment (Section 2210) on the date of refinancing, except that for the purpose of computing this amount no minimum credit service charge (subsection (6) of Section 2201) shall be allowed; and

(2)  appropriate additional charges (Section 2202), payment of which is deferred.

Added by Laws 1969, c. 352, § 2205, eff. July 1, 1969.

§14A-2-206.  Credit service charge on consolidation.

If a buyer owes an unpaid balance to a seller with respect to a consumer credit sale, refinancing, or consolidation, and becomes obligated on another consumer credit sale, refinancing, or consolidation, with the same seller, the parties may agree to a consolidation resulting in a single schedule of payments pursuant to either of the following subsections:

(1)  The parties may agree to refinance the unpaid balance with respect to the previous sale pursuant to the provisions on refinancing (Section 2205) and to consolidate the amount financed resulting from the refinancing by adding it to the amount financed with respect to the subsequent sale.  The seller may contract for and receive a credit service charge based on the aggregate amount financed resulting from the consolidation at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sale (Section 2201).

(2)  The parties may agree to consolidate by adding together the unpaid balances with respect to the two sales.

Added by Laws 1969, c. 352, § 2206, eff. July 1, 1969.

§14A-2-207.  Credit service charge for revolving charge accounts.

(1)  With respect to a consumer credit sale made pursuant to a revolving charge account, the parties to the sale may contract for the payment by the buyer of a credit service charge not exceeding that permitted in this section.

(2)  A charge may be made in each billing cycle which is a percentage of an amount no greater than

(a) the average daily balance of the account;

(b) the unpaid balance of the account on the same day of the billing cycle; or

(c) the median amount within a specified range within which the average daily balance of the account or the unpaid balance of the account on the same day of the billing cycle is included.  A charge may be made pursuant to this paragraph only if the seller, subject to classifications and differentiations he may reasonably establish, makes the same charge on all balances within the specified range and if the percentage when applied to the median amount within the range does not produce a charge exceeding the charge resulting from applying that percentage to the lowest amount within the range by more than eight percent (8%) of the charge on the median amount.

(3)  If the billing cycle is monthly, the charge may not exceed one and threefourths percent (1 3/4%). If the billing cycle is not monthly, the maximum charge is that percentage which bears the same relation to the applicable monthly percentage as the number of days in the billing cycle bears to thirty (30).  For the purposes of this section, a variation of not more than four (4) days from month to month is "the same day of the billing cycle".

(4)  Notwithstanding subsection (3), if there is an unpaid balance on the date as of which the credit service charge is applied, the seller may contract for and receive a charge not exceeding fifty cents ($0.50), if the billing cycle is monthly or longer, or the pro rata part of fifty cents ($0.50) which bears the same relation to fifty cents ($0.50) as the number of days in the billing cycle bears to thirty (30), if the billing cycle is shorter than monthly.

Added by Laws 1969, c. 352, § 2207, eff. July 1, 1969.  Amended by Laws 1981, c. 177, § 2.

§14A-2-208.  Advances to perform covenants of buyer.

(1)  If the agreement with respect to a consumer credit sale, refinancing, or consolidation contains covenants by the buyer to perform certain duties pertaining to insuring or preserving collateral and the seller pursuant to the agreement pays for performance of the duties on behalf of the buyer, the seller may add the amounts paid to the debt.  In the case of covenants as to duties other than the payment of taxes and insuring the collateral, the seller shall give written notice to the buyer setting forth the duties to be performed and a statement of the amount to be charged for the performance of said duties.  Said written notice shall be by certified mail to the lastknown address of the buyer, at least thirty (30) days prior to the commencement of the performance of the specified duties, unless otherwise agreed in writing by the seller and the buyer.  The buyer, prior to commencement of performance, shall have the option to make alternative arrangements for compliance with the covenants.  Within a reasonable time after advancing any sums, he shall state to the buyer in writing the amount of the sums advanced, any charges with respect to this amount, and any revised payment schedule and, if the duties of the buyer performed by the seller pertain to insurance, a brief description of the insurance paid for by the seller including the type and amount of coverages.  No further information need be given.

(2)  A credit service charge may be made for sums advanced pursuant to subsection (1) at a rate not exceeding the rate stated to the buyer pursuant to the provisions on disclosure (Part 3) with respect to the sale, refinancing, or consolidation, except that with respect to a revolving charge account the amount of the advance may be added to the unpaid balance of the account and the seller may make a credit service charge not exceeding that permitted by the provisions on credit service charge for revolving charge accounts (Section 2207).

Added by Laws 1969, c. 352, § 2208, eff. July 1, 1969.

§14A-2-209.  Right to prepay.

Subject to the provisions on rebate upon prepayment (Section 2210), the buyer may prepay in full the unpaid balance of a consumer credit sale, refinancing, or consolidation at any time without penalty.

Added by Laws 1969, c. 352, § 2209, eff. July 1, 1969.

§14A-2-210.  Rebate upon prepayment.

(1)  Except as provided in subsection (2), upon prepayment in full of the unpaid balance of a precomputed consumer credit sale, refinancing, or consolidation, an amount not less than the unearned portion of the credit service charge calculated according to this section shall be rebated to the buyer.  If the rebate otherwise required is less than One Dollar ($1.00), no rebate need be made.

(2)  Upon prepayment in full of a consumer credit sale, refinancing, or consolidation, other than one pursuant to a revolving charge account, if the credit service charge then earned is less than any permitted minimum credit service charge (subsection (6) of Section 2-201) contracted for, whether or not the sale, refinancing, or consolidation is precomputed, the seller may collect or retain the minimum charge, as if earned, not exceeding the credit service charge contracted for.

(3)  Except as otherwise provided in this subsection with respect to a sale of an interest in land or a consumer credit sale secured by an interest in land, the unearned portion of the credit service charge

(a) in a consumer credit sale payable according to its original terms in more than sixty-one (61) months shall be determined (i) by applying, according to the actuarial method, the disclosed annual percentage rate to the actual unpaid balances of the amount financed for the actual time that the unpaid balances were outstanding as of the date of prepayment, giving effect to each payment, to determine the earned portion of the credit service charge, and (ii) subtracting that earned portion from the credit service charge to determine the unearned portion of the credit service charge, or

(b) in a consumer credit sale payable according to its original terms in sixtyone (61) months or less, is a fraction of the credit service charge of which the numerator is the sum of the periodic balances scheduled to follow the computational period in which prepayment occurs, and the denominator is the sum of all periodic balances under either the sale agreement or, if the balance owing resulted from a refinancing (Section 2205) or a consolidation (Section 2206), under the refinancing agreement or consolidation agreement. In the case of a sale of an interest in land or a consumer credit sale secured by an interest in land, reasonable sums actually paid or payable to persons not related to the seller for customary closing costs included in the credit service charge are deducted from the credit service charge before the calculation prescribed by this subsection is made.

(4)  In this section:

(a) "periodic balance" means the amount scheduled to be outstanding on the last day of a computational period before deducting the payment, if any, scheduled to be made on that day;

(b) "computational period" means one (1) month if onehalf (1/2) or more of the intervals between scheduled payments under the agreement is one (1) month or more, and otherwise means one (1) week;

(c) the "interval" to the due date of the first scheduled installment or the final scheduled payment date is measured from the date of a sale, refinancing, or consolidation, or any later date prescribed for calculating maximum credit service charges (subsection (4) of Section 2201), and includes either the first or last day of the interval; and

(d) if the interval to the due date of the first scheduled installment does not exceed one (1) month by more than fifteen (15) days when the computational period is one (1) month, or eleven (11) days when the computational period is one (1) week, the interval shall be considered as one computational period.

(5)  This subsection applies only if the schedule of payments is not regular.

(a) If the computational period is one (1) month and

(i) if the number of days in the interval to the due date of the first scheduled installment is less than one (1) month by more than five (5) days, or more than one (1) month by more than five (5) but not more than fifteen (15) days, the unearned credit service charge shall be increased by an adjustment for each day by which the interval is less than one (1) month and, at the option of the seller, may be reduced by an adjustment for each day by which the interval is more than one (1) month; the adjustment for each day shall be onethirtieth (1/30) of that part of the credit service charge earned in the computational period prior to the due date of the first scheduled installment assuming that period to be one (1) month; and

  (ii) if the interval to the final scheduled payment date is a number of computational periods plus an additional number of days less than a full month, the additional number of days shall be considered a computational period only if sixteen (16) days or more.  This subparagraph applies whether or not subparagraph (i) applies.

(b) Notwithstanding paragraph (a), if the computational period is one (1) month, the number of days in the interval to the due date of the first installment exceeds one (1) month by not more than fifteen (15) days, and the schedule of payments is otherwise regular, the seller may, at his option, exclude the extra days and the charge for the extra days in computing the unearned credit service charge; but if he does so and a rebate is required before the due date of the first scheduled installment, he shall compute the earned charge for each elapsed day as onethirtieth (1/30) of the amount the earned charge would have been if the first interval had been one (1) month.

(c) If the computational period is one (1) week and

(i) if the number of days in the interval to the due date of the first scheduled installment is less than five (5) days, or more than nine (9) but not more than eleven (11) days, the unearned credit service charge shall be increased by an adjustment for each day by which the interval is less than seven (7) days and, at the option of the seller may be reduced by an adjustment for each day by which the interval is more than seven (7) days; the adjustment for each day shall be oneseventh (1/7) of that part of the credit service charge earned in the computational period prior to the due date of the first scheduled installment assuming that period to be one (1) week; and

  (ii) if the interval to the final scheduled payment date is a number of computational periods plus an additional number of days less than a full week, the additional number of days shall be considered a computational period only if four (4) days or more.  This subparagraph applies whether or not subparagraph (i) applies.

(6)  If a deferral (Section 2204) has been agreed to, the unearned portion of the credit service charge shall be computed without regard to the deferral.  The amount of deferral charge earned at the date of prepayment shall also be calculated.  If the deferral charge earned is less than the deferral charge paid, the difference shall be added to the unearned portion of the credit service charge.  If any part of a deferral charge has been earned but has not been paid, that part shall be subtracted from the unearned portion of the credit service charge, or shall be added to the unpaid balance.

(7)  This section does not preclude the collection or retention by the seller of delinquency charges (Section 2203).

(8)  If the maturity is accelerated for any reason and judgment is obtained, the buyer is entitled to the same rebate as if payment had been made on the date judgment is entered.

(9)  Upon prepayment in full of a consumer credit sale by the proceeds of consumer credit insurance (Section 4103), the buyer or his estate is entitled to the same rebate as though the buyer had prepaid the agreement on the date the proceeds of the insurance are paid to the seller.

Added by Laws 1969, c. 352, § 2-210, eff. July 1, 1969.  Amended by Laws 1986, c. 282, § 1, eff. Nov. 1, 1986; Laws 1986, c. 282, § 1, eff. Nov. 1, 1986.

§14A-2-211.  Discounts inducing payment by cash, check or similar means.

A.  With respect to all sales transactions, a discount which a seller offers, allows or otherwise makes available for the purpose of inducing payment by cash, check or similar means rather than by use of an openend credit card account shall not constitute a credit service charge as determined under Section 2109 of this title if the discount is offered to all prospective buyers clearly and conspicuously in accordance with regulations of the Administrator.  No seller in any sales transaction may impose a surcharge on a cardholder who elects an openend credit card account instead of paying by cash, check or similar means.  There is no limit on the discount which may be offered by the seller.  A seller who provides a discount otherwise than in accordance with the regulations of the Administrator must make the disclosures required by those regulations.

B.  A seller who is registered with the United States Treasury Department as a money transmitter pursuant to 31 CFR, Section 103.41, and who provides an electronic funds transmission service, including service by telephone and the Internet, may charge a different price for a funds transmission service based on the mode of transmission used in the transaction without violating this section so long as the price charged for a service paid for with an open-end credit card account is not greater than the price charged for such service if paid for with currency or other similar means accepted within the same mode of transmission.

C.  Any seller subject to the provisions of subsection B of this section shall either conduct business at a location in this state or comply with the provisions of Section 1022 of Title 18 of the Oklahoma Statutes.

Added by Laws 1969, c. 352, § 2-211, eff. July 1, 1969.  Amended by Laws 1977, c. 135, § 12, emerg. eff. June 3, 1977; Laws 1982, c. 335, § 12, operative June 1, 1982; Laws 2005, c. 126, § 1, eff. Nov. 1, 2005.

§14A-2-301.  Applicability - Information required.

(1)  For purposes of this part, this part covers and consumer credit sale includes the sale of an interest in land without regard to the rate of the credit service charge if the sale is otherwise a consumer credit sale as defined by Section 2104 of this title; a sale of personal property in which a security interest is or will be acquired which is used or expected to be used as the principal dwelling of the consumer without regard to the amount of the amount financed if the sale is otherwise a consumer credit sale; and credit transactions in which any card issuer extends credit that is not subject to a finance charge and that is not payable by written agreement in four or more installments.

(2)  The seller or lessor shall disclose to the buyer to whom credit is extended or lessee with respect to a consumer credit sale or consumer lease the information required by either this part or the Federal Consumer Credit Protection Act, and compliance with either is sufficient.

(3)  For the purposes of subsection (2), information which would otherwise be required pursuant to the Federal Consumer Credit Protection Act is sufficient even though the transaction is one of a class of credit transactions exempted from that act pursuant to regulation of the Board of Governors of the Federal Reserve System.

(4)  A person who regularly arranges for the extension of consumer sales credit which is payable in four or more installments or for which the payment of a finance charge is or may be required from persons who are not subject to disclosure duties shall make the disclosures required of a seller under this part.

(5)  In the case of an application to open an account under any revolving charge account plan described in Section 2-310.2 of this title which is provided to a consumer by any person other than the creditor:

(a) such person shall provide such consumer with:

(i) the disclosures required under subsection (1) of Section 2-310.2 of this title with respect to such plan, in accordance with subsection (9) of Section 2-302 of this title; and

  (ii) the pamphlet required under subsection (3) of Section 2-310.2 of this title; or

(b) if such person cannot provide specific terms about the plan because specific information about the plan terms is not available, no nonrefundable fee may be imposed in connection with such application before the end of the three-day period beginning on the date the consumer receives the disclosures required under subsection (1) of Section 2-310.2 with respect to the application.

(6)  For purposes of this part, the terms "creditor", "card issuer", "applicant", "cardholder", "dwelling" and "consumer" have the same meanings those terms have in the Federal Consumer Credit Protection Act, as limited by the subject matter of this article.  References in this part to "interest" are not limited to the definition of that term in Section 264A of Title 15 of the Oklahoma Statutes but are to be construed in context consistently with the meaning of that term in regulations under the Federal Consumer Credit Protection Act.

(7)  The fact a charge or fee or a credit plan or a practice is mentioned in this part does not itself serve to authorize it, to remove any limitation in this title applicable to it, or to extend the applicability of this article to it if this article would not otherwise apply.

Added by Laws 1969, c. 352, § 2-301, eff. July 1, 1969.  Amended by Laws 1970, c. 282, § 3; Laws 1982, c. 335, § 13, operative Oct. 1, 1982; Laws 1990, c. 260, § 13, operative July 1, 1990.

§14A-2-302.  General disclosure requirements and provisions.

(1)  The disclosures required by this part, including those adopted by Administrator's rule in conformity to subsection (2) of Section 6-104 of this title, shall be made as provided by this title and as provided by rules adopted by the Administrator not inconsistent with the Federal Consumer Credit Protection Act.

(2)  Without limitation to the generality of subsection (1) of this section, required disclosures:

(a) shall be made clearly and conspicuously;

(b) shall be in writing, a copy of which shall be delivered to the buyer or lessee;

(c) may use terminology different from that employed in this part if it conveys substantially the same meaning;

(d) need not be contained in a single writing or made in the order set forth in this part;

(e) may be supplemented by additional information or explanations supplied by the seller or lessor except as otherwise provided in Section 2306 of this title and in this section;

(f) need be made only to the extent applicable;

(g) shall be made on the assumption that all scheduled payments will be made when due;

(h) will comply with this part although rendered inaccurate by any act, occurrence, or agreement subsequent to the required disclosure;

(i) shall disclose more conspicuously than other terms, data or information, except information relating to the identity of the seller, the terms "annual percentage rate" and "finance charge";

(j) shall be made to the person who is obligated on a consumer credit sale or a consumer lease, except that in a transaction involving more than one buyer or lessee and which is not a transaction under Section 5204 of this title, a disclosure statement or a copy of any evidence of indebtedness need not be given to more than one of the buyers or lessees if the person given disclosure is a primary obligor;

(k) may, in accordance with the regulations of the Administrator, be given in the form of estimates where the provider of any portion of the information required to be disclosed is not in a position to know exact information;

(l) may, in accordance with the regulations of the Administrator, be within any tolerances for numerical disclosures, other than the annual percentage rate, determined by the Administrator to be necessary to facilitate compliance and to not result in misleading disclosures or disclosures that circumvent the purposes of this part; and

(m) shall be made by the seller or lessor or, if more than one, the seller or lessor specified in the regulations of the Administrator.

(3)  Subject to subsection (1) of this section and except for sales made by telephone or mail pursuant to Section 2305 of this title, a series of sales, a residential mortgage transaction pursuant to Section 2309 of this title, and such other transactions as provided by rule of the Administrator in conformity to subsection (2) of Section 6-104 of this title:

(a) the disclosures required by this part shall be made before credit is extended, but may be made in the sale, refinancing, or consolidation agreement, lease, or other evidence of indebtedness to be signed by the buyer or lessee if, to the extent required by rule of the Administrator, in closedend credit they are conspicuously segregated from all other terms, data, or information provided; and

(b) if an evidence of indebtedness is signed by the buyer or lessee, the seller or lessor shall give him a copy when the writing is signed.

(4)  Except as provided with respect to rescission by a buyer pursuant to Section 5204 of this title and civil liability for violations of disclosure provisions pursuant to subsection (4) of Section 5203 of this title, written acknowledgment of receipt by a buyer or lessee to whom a statement is required to be given pursuant to this part:

(a) in an action or proceeding by or against the original seller or lessor, creates a presumption that the statement was given; and

(b) in an action or proceeding by or against an assignee without knowledge to the contrary when he acquires the obligation, is conclusive proof of the delivery of the statement and, unless the violation is apparent on the face of the statement, of compliance with this part.

(5)  The information required by Section 2-310.1 of this title shall:

(a) be disclosed in the form and manner which the Administrator shall prescribe by rule; and

(b) as applicable be placed in a conspicuous and prominent location on or with any written application, solicitation, or other document or paper with respect to which such disclosure is required.

(6)  In the rules prescribed under paragraph (a) of subsection (5) of this section, the Administrator shall require that the disclosure of such information shall, to the extent the Administrator determines to be practicable and appropriate, be in the form of a table which:

(a) contains clear and concise headings for each item of such information; and

(b) provides a clear and concise form for stating each item of information required to be disclosed under each such heading.

(7)  In prescribing the form of the table under subsection (6) of this section the Administrator may:

(a) list the items required to be included in the table in a different order than the order in which such items are set forth in subsection (1) or (5)(a) of Section 2-310.1 of this title; and

(b) subject to subsection (8) of this section, employ terminology which is different than the terminology which is employed in subsections (1) through (6) of Section 2-310.1 of this title if such terminology conveys substantially the same meaning.

(8)  Either the heading or the statement under the heading which relates to the time period referred to in paragraphs (g) and (h) of subsection (1) of Section 2-310.1 of this title shall contain the term "grace period".

(9) (a) Except as provided in paragraph (b), the disclosures required under subsection (1) of Section 2-310.2 of this title with respect to any revolving charge account plan which provides for any extension of credit which is secured by the consumer's principal dwelling and the pamphlet required under subsection (3) of Section 2-310.2 of this title shall be provided to any consumer at the time the creditor distributes an application to establish an account under such plan to such consumer.

(b) In the case of telephone applications, applications contained in magazines or other publications, or applications provided by a third party, the disclosures required under subsection (1) of Section 2-310.2 of this title and the pamphlet required under subsection (3) of Section 2-310.2 of this title shall be provided by the creditor before the end of the three-day period beginning on the date the creditor receives a completed application from a consumer.

(c) Except as provided in paragraph (b) of this subsection, the disclosures required under subsection (1) of Section 2-310.2 of this title shall be provided on or with any application to establish an account under a revolving charge account plan which provides for any extension of credit which is secured by the consumer's principal dwelling.

(d) The disclosures required under subsection (1) of Section 2-310.2 of this title shall be conspicuously segregated from all other terms, data, or additional information provided in connection with the application, either by grouping the disclosures separately on the application form or by providing the disclosures on a separate form, in accordance with rules of the Administrator.

(e) The disclosures required by paragraphs (e), (f) and (g) of subsection (1) of Section 2-310.2 of this title precede all of the other required disclosures.

(f) Whether or not the disclosures required under subsection (1) of Section 2-310.2 of this title are provided on the application form, the variable rate information described in subsection (1)(b) of Section 2-310.2 of this title may be provided separately from the other information required to be disclosed.

(g) In preparing the table required under subsection (1) (b) (vii) of Section 2-310.2 of this title, the creditor shall consistently select one rate of interest for each year and the manner of selecting the rate from year to year shall be consistent with the plan.

Added by Laws 1969, c. 352, § 2-302, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 14, operative Oct. 1, 1982; Laws 1990, c. 260, § 14, operative July 1, 1990.

§14A-2-303.  Overstatement.

The disclosure of an amount or percentage which is greater than the amount or percentage required to be disclosed under this part does not in itself constitute a violation of this part if the overstatement is not materially misleading and is not used to avoid meaningful disclosure.

Added by Laws 1969, c. 352, § 2303, eff. July 1, 1969.

§14A-2-304.  Calculation of rate to be disclosed.

(1)  Except as otherwise specifically provided, if a seller is required to give to a buyer a statement of the rate of the credit service charge he shall state the rate in terms of an annual percentage rate as defined in subsection (2) or in terms of a corresponding nominal annual percentage rate as defined in subsection (3), whichever is appropriate.

(2)  "Annual percentage rate"

(a) with respect to a consumer credit sale other than one made pursuant to a revolving charge account, is either

(i) that nominal annual percentage rate which, when applied to the unpaid balances of the amount financed calculated according to the actuarial method, will yield a sum equal to the amount of the credit service charge; or

  (ii) that rate determined by any method prescribed by rule by the Administrator as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined pursuant to subparagraph (i);

(b) with respect to a consumer credit sale made pursuant to a revolving charge account, is the quotient expressed as a percentage of the total credit service charge for the period to which it related divided by the amount upon which the credit service charge for that period is based, multiplied by the number of these periods in a year.

(3)  "Corresponding nominal annual percentage rate" is the percentage or percentages used to calculate the credit service charge for one billing cycle or other period pursuant to a revolving charge account multiplied by the number of billing cycles or periods in a year.

(4)  If a seller is permitted to make the same credit service charge for all amounts financed within a specified range (subsection (5) of Section 2201) or for all balances within a specified range (subsection (2) of Section 2207), he shall state the annual percentage rate or corresponding nominal annual percentage rate, whichever is appropriate, as applied to the median amount of the range within which the actual amount financed or balance is included.

(5)  A statement of rate complies with this part if it does not vary from the accurately computed rate by more than the following tolerances:

(a) the annual percentage rate may be rounded to the nearest quarter of one percent (1/4 of 1%) or may fall within a tolerance not greater than oneeighth of one percent (1/8 of 1%) more or less than the actual rate for consumer credit sales payable in substantially equal installments when a seller determines the total credit service charge on the basis of a single addon, discount, periodic, or other rate, and the rate is converted into an annual percentage rate under procedures prescribed by rule by the Administrator;

(b) the Administrator may authorize by rule the use of rate tables or charts which may provide for the disclosure of annual percentage rates which vary from the rate determined in accordance with paragraph (a) by not more than the tolerances the Administrator may allow; the Administrator may not allow a tolerance greater than eight percent (8%) of that rate except to simplify compliance where irregular payments are involved; and

(c) in case a seller determines the annual percentage rate in a manner other than as described in paragraph (a) or (b), the Administrator may authorize by rule other reasonable tolerances.

Added by Laws 1969, c. 352, § 2-304, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 15, operative Oct. 1, 1982.

§14A-2-305.  Sales made by telephone or mail.

(1) With respect to a consumer credit sale, other than a sale made pursuant to a revolving charge account, if the seller receives a purchase order or offer by mail or telephone without personal solicitation, the seller complies with this part if (a)  he makes the disclosures at the time and in the manner provided in the general disclosure requirements and provisions (Section 2302), or (b) the seller's catalog or other printed material distributed to the public sets forth the cash price, the total sale price, and the terms of financing, including the annual percentage rate, and before the first payment is due on the sale, he gives the information required by this part including the notice prescribed in subsection (2).

(2)  The notice shall be in writing and conspicuous and shall provide that if the buyer does not wish to make the purchase on credit, he, within fifteen (15) days after receiving the notice, may prepay the obligation as to that purchase for an amount stated or identified in the notice and avoid the payment of any credit service charge as to that purchase.  A prepayment under this section is subject to the provisions of this act on prepayment, except that no credit service charge shall be made if prepayment in full is made within the period specified in the notice.  Payment by mail is effective when posted.

Added by Laws 1969, c. 352, § 2-305, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 16, operative Oct. 1, 1982.

§14A-2-306.  Consumer credit sales not pursuant to revolving charge account.

(1)  This section applies to a consumer credit sale not made pursuant to a revolving charge account (Section 2310).

(2)  The seller shall give to the buyer the following information:

(a) the identity of the seller required to make disclosure;

(b) (i) the amount financed, using that term, which shall be the amount of credit of which the buyer has actual use.  This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures required to be conspicuously segregated in accordance with the rule of the Administrator.  (aa) Take the cash price of the goods, services, or interest in land less the amount of the down payment paid in money and the portion paid by an allowance for property traded in; (bb) add any charges which are not part of the finance charge, or of the cash price and which are financed by the buyer, including the cost of any items excluded from the finance charge pursuant to Section 2202; and (cc) subtract any charges which are part of the finance charge but which will be paid by the buyer before or at the time of the consummation of the transaction or have been withheld from the proceeds of the credit.

  (ii) In conjunction with the disclosure of the amount financed, a seller shall provide a statement of the buyer's right to obtain, upon a written request, a written itemization of the amount financed.  The statement shall include spaces for a "yes" and "no" indication to be initialed by the buyer to indicate whether the buyer wants a written itemization of the amount financed.  Upon receiving an affirmative indication, the seller shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed.  For this purpose, itemization of the amount financed means a disclosure to the extent applicable of: (aa) any amount that is or will be paid directly to the buyer, (bb) the amount that is or will be credited to the buyer's account to discharge obligations owed to the seller, (cc) each amount that is or will be paid to third persons by the seller on the buyer's behalf, together with an identification of or reference to the third person, and (dd) the total amount of any charges described in the preceding subparagraph (i)(cc).

(c) the finance charge not itemized, using that term;

(d) the finance charge expressed as an "annual percentage rate" using that term except in the case of a finance charge which does not exceed Five Dollars ($5.00) when the amount financed does not exceed Seventyfive Dollars ($75.00) or Seven Dollars and fifty cents ($7.50) when the amount financed exceeds Seventyfive Dollars ($75.00);

(e) the sum of the amount financed and the finance charge, which shall be termed the "total of payments";

(f) the number, amount, and due dates or period of payments scheduled to repay the total of payments;

(g) the "total sale price" using that term, which shall be the total of the cash price of the property or services, additional charges, and the finance charge;

(h) descriptive explanations of the terms "amount financed", "finance charge", "annual percentage rate", "total of payments", and "total sale price", including in the latter case a reference to the amount of the down payment, as specified in the rules of the Administrator;

(i) any dollar charge or percentage amount which may be imposed by the seller solely on account of late payments other than a deferral or extension charge;

(j) where the credit is secured, a statement that a security interest has been taken in the property which is purchased as part of the credit transaction, or property not purchased as part of the credit transaction identified by item or type;

(k) a statement indicating whether or not the buyer is entitled to a rebate of any finance charge upon refinancing or prepayment in full pursuant to acceleration or otherwise if the obligation involves a precomputed finance charge, and a statement indicating whether or not a penalty will be imposed in those same circumstances if the obligation involves a finance charge computed from time to time by application of a rate to the unpaid principal balance;

(l) a statement that the buyer should refer to the appropriate contract document for any information the document provides about nonpayment, default, the right to accelerate the maturity of the debt, and prepayment rebates and penalties; and

(m) in any transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained against the buyer's dwelling to finance the acquisition or initial construction of the dwelling, a statement indicating whether a subsequent purchaser or assignee of the buyer may assume the debt obligation on its original terms and conditions.

Added by Laws 1969, c. 352, § 2-306, eff. July 1, 1969.  Amended by Laws 1970, c. 282, § 4; Laws 1982, c. 335, § 17, operative Oct. 1, 1982.

§14A-2-307.  Refinancing.

(1) Except as rules adopted by the Administrator not inconsistent with the Federal Consumer Credit Protection Act may otherwise prescribe, if the seller refinances an existing balance owing with respect to a consumer credit sale, refinancing or consolidation pursuant to the provisions on refinancing (Section 2205) or consolidates an existing balance owing from a previous consumer credit sale, refinancing, or consolidation with the amount financed from a subsequent consumer credit sale, refinancing, or consolidation so as to satisfy any existing balance and replace it with a new obligation undertaken by the same buyer, the seller shall make disclosure with respect to the new transaction to the buyer of the information and in the manner required by this part.

(2)  A refinancing does not include:

(a) a renewal of a single payment obligation with no change in the original terms;

(b) a reduction in the annual percentage rate with a corresponding change in the payment schedule;

(c) an agreement involving a court proceeding;

(d) a change in the payment schedule or a change in collateral requirements as a result of the buyer's default or delinquency, unless the rate is increased or the new amount financed exceeds the unpaid balance plus earned finance charge and premiums for continuation of consumer credit insurance or insurance against loss of or damage to property or against liability arising out of the ownership or use of property; or

(e) the renewal of optional insurance purchased by the buyer and added to an existing transaction if disclosures relating to the initial purchase were provided in accordance with law.

Added by Laws 1969, c. 352, § 2-307, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 18, operative Oct. 1, 1982.

§14A-2-308.  Assumption.

If a seller expressly agrees in writing with a subsequent buyer to accept that buyer as a primary obligor on an existing transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest was created or retained in the original buyer's principal dwelling to finance the acquisition or initial construction of it, before the assumption occurs the seller shall make new disclosures to the subsequent buyer based on the remaining obligation.  If the finance charge originally imposed on the existing obligation was an addon or discount finance charge, the seller need only disclose the unpaid balance of the obligation assumed; the total charges imposed by the seller in connection with the assumption; the information required in the case of new disclosures concerning prepayment, late payment, security interests and to exclude premiums for consumer credit and property and liability insurance from the finance charge; the annual percentage rate originally imposed on the obligation; and the payment schedule and total of payments based on the remaining obligation.

Added by Laws 1969, c. 352, § 2-308, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 19, operative Oct. 1, 1982.

§14A-2-309.  Estimates of disclosures.

(1)  In the case of a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained in the buyer's principal dwelling to finance the acquisition or initial construction of that dwelling, if that transaction is also subject to the Real Estate Settlement Procedures Act, 12 U.S.C. Sections 2601 et seq., good faith estimates of the disclosures required by this part shall be made in accordance with the rules of the Administrator concerning estimates before the credit is extended, or shall be delivered or placed in the mail not later than three (3) business days after the seller receives the buyer's written application, whichever is earlier.  If the disclosure statement furnished within three (3) days of the written application contains an annual percentage rate which is subsequently rendered inaccurate within the meaning of Section 2304(5) (a) and (c), the seller shall furnish another statement at the time of settlement or consummation.

(2)  If a consumer credit sale is one of a series of consumer credit sales transactions made pursuant to an agreement providing for the addition of the deferred payment price of that sale to an existing outstanding balance, and the buyer has approved in writing both the annual percentage rate or rates and the method of computing the finance charge or charges, and the seller retains no security interest in any property as to which payments aggregating the amount of the sales price including any finance charges attributable thereto have been received, the disclosure required under this part for the particular sale may be made at any time not later than the date the first payment for that sale is due.  For the purpose of this subsection, in the case of items purchased on different dates, the first purchased shall be deemed first paid for, and in the case of items purchased on the same date, the lowest priced shall be deemed first paid for.

Added by Laws 1969, c. 352, § 2-309, eff. July 1, 1969.  Amended by Laws 1982, c. 335, § 20, operative Oct. 1, 1982.

§14A-2-310.  Revolving charge accounts.

(1)  Before opening any account under a revolving charge account plan, the creditor shall