2014 Tennessee Code
Title 45 - Banks And Financial Institutions
Chapter 12 - Flexible Credit Act [Effective on January 1, 2015]
§ 45-12-112 - Licensee to provide to prospective customers written explanation of interest, fees, and charges -- Requirements for account-opening statement -- Billing statements. [Effective on January 1, 2015.]
(a) A licensee shall provide each prospective customer, before consummation of a flex loan plan, a written explanation, in clear, understandable language, of the interest, fees, and charges to be charged by the licensee. The style, content and method of executing the required written explanation shall comply with federal truth-in-lending laws and shall contain a statement that the customer may prepay the unpaid balance in whole or in part at any time without penalty. The commissioner may promulgate rules establishing additional requirements in order to assure complete and accurate disclosure of the interest, fees, and charges to be charged by a licensee under a flex loan plan.
(b) The account-opening statement for any flex loan plan shall include, along with other state or federal law requirements:
(1) A next-business-day customer's right of rescission for any requested draw under the flex loan plan; and
(2) A notice informing the customer that complaints may be made to the department, including the department's telephone number and address.
(c) The account-opening statement for any flex loan plan shall not require or provide the licensee the authority to require the customer to draw the full amount of credit available under a flex loan plan at any time.
(d) A licensee shall provide customers with a periodic billing statement in compliance with federal truth-in-lending laws.
(e) If two (2) or more customers having the same residence are authorized to obtain extensions of credit under the flex loan plan, the statement of provisions of the plan shall be provided to one (1) of the customers as may be designated in the plan, and the billing statements required by law shall be rendered to such customer.
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