9-A §8-205. Open-end consumer credit plans

MAINE STATUTES AND CODES

9-A §8-205. Open-end consumer credit plans

Title 9-A: MAINE CONSUMER CREDIT CODE

Article 8: TRUTH-IN-LENDING

Part 2: DISCLOSURE REQUIREMENTS

§8-205. Open-end consumer credit plans

1. Before opening any account under an open-end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable:

A. The conditions under which a finance charge may be imposed, including the time period within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of that time period, and if no time period is provided, the creditor shall disclose that fact; [1981, c. 243, §25 (NEW).]

B. The method of determining the balance upon which the finance charge will be imposed; [1981, c. 243, §25 (NEW).]

C. The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge; [1981, c. 243, §25 (NEW).]

D. Where one or more periodic rates may be used to compute the finance charge, each rate, the range of balances to which it is applicable and the corresponding nominal annual percentage rate determined by multiplying the periodic rate by the number of periods in a year; [1981, c. 243, §25 (NEW).]

E. Identification of other charges which may be imposed as part of the plan, and their method of computation, in accordance with regulations of the administrator; [1981, c. 243, §25 (NEW).]

F. In cases where the credit is or will be secured, a statement that a security interest has been or will be taken in:

(i) The property purchased as part of the credit transaction; or

(ii) Property not purchased as part of the credit transaction identified by item or type; and [1981, c. 243, §25 (NEW).]

G. A statement in a form prescribed by regulations of the administrator of the protection provided by section 8-303, subsection 6, and section 8-401 to an obligor and the creditor's responsibilities under section 8-303, subsection 6 and section 8-402. With respect to one billing cycle per calendar year, at intervals of not less than 6 months or more than 18 months, the creditor shall transmit the statement to each obligor to whom the creditor is required to transmit a statement pursuant to subsection 2 for the billing cycle. [1981, c. 243, §25 (NEW).]

[ 1981, c. 243, §25 (NEW) .]

2. The creditor of any account under an open-end consumer credit plan shall transmit to the obligor, for each billing cycle at the end of which there is an outstanding balance in that account or with respect to which a finance charge is imposed, a statement setting forth each of the following items to the extent applicable:

A. The outstanding balance in the account at the beginning of the statement period; [1981, c. 243, §25 (NEW).]

B. The amount and date of each extension of credit during the period and a brief identification, on or accompanying the statement of each extension of credit in a form prescribed by the administrator, sufficient to enable the obligor either to identify the transaction or to relate it to copies of sales vouchers or similar instruments previously furnished, except that a creditor's failure to disclose such information in accordance with this paragraph shall not be deemed a failure to comply with this Article if:

(i) The creditor maintains procedures reasonably adapted to procure and provide such information; and

(ii) The creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under Part 4; [1981, c. 243, §25 (NEW).]

C. In lieu of complying with the requirements of paragraph B, in the case of any transaction in which the creditor and seller are the same person, and such person's open-end credit plan has fewer than 15,000 accounts, the creditor may elect to provide only the amount and date of each extension of credit during the period and the seller's name and location where the transaction took place if:

(i) A brief identification of the transaction has been previously furnished; and

(ii) The creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under Part 4. [1981, c. 243, §25 (NEW).]

D. The total amount credited to the account during the period; [1981, c. 243, §25 (NEW).]

E. The amount of any finance charge added to the account during the period, itemized to show the amounts, if any, due to the application of percentage rates and the amount, if any, imposed as a minimum or fixed charge; [1981, c. 243, §25 (NEW).]

F. Where one or more periodic rates may be used to compute the finance charge, each rate, the range of balances to which it is applicable and, unless the annual percentage rate determined under section 8-106, subsection 1, paragraph B, is required to be disclosed pursuant to paragraph G, the corresponding nominal annual percentage rate determined by multiplying the periodic rate by the number of periods in a year; [1981, c. 243, §25 (NEW).]

G. Where the total finance charge exceeds 50¢ for a monthly or longer billing cycle, or the pro rata part of 50¢ for a billing cycle shorter than monthly, the total finance charge expressed as an annual percentage rate determined under section 8-106, subsection 1, paragraph B, except that if the finance charge is the sum of 2 or more products of a rate times a portion of the balance, the creditor may, in lieu of disclosing a single rate for the total charge, disclose each such rate expressed as an annual percentage rate, and the part of the balance to which it is applicable; [1981, c. 243, §25 (NEW).]

H. The balance on which the finance charge was computed and a statement of how the balance was determined; [1981, c. 243, §25 (NEW).]

I. The outstanding balance in the account at the end of the period; [1981, c. 243, §25 (NEW).]

J. The date by which or the period within which payment shall be made to avoid additional finance charges, except that the creditor may, at his election and without disclosure, impose no such additional finance charge if payment is received after the date or the termination of that period; and [1981, c. 243, §25 (NEW).]

K. The address to be used by the creditor for the purpose of receiving billing inquiries from the obligor. [1981, c. 243, §25 (NEW).]

[ 1981, c. 243, §25 (NEW) .]

3. Disclosure in credit and charge card applications and solicitations shall be as follows.

A. Direct mail applications and solicitations shall be governed by this paragraph.

(i) Any application to open a credit card account for any person under an open-end consumer credit plan, or a solicitation to open such an account without requiring an application, that is mailed to consumers, shall disclose in tabular format the following information, pursuant to subsection 5 and section 8-202, subsection 3:

(a) Annual percentage rates:

(1) Each annual percentage rate applicable to extensions of credit under the credit plan;

(2) When an extension of credit is subject to a variable rate, the fact that the rate is variable, the annual percentage rate in effect at the time of the mailing and how the rate is determined; and

(3) When more than one rate applies, the range of balances to which each rate applies;

(b) Annual and other fees:

(1) Any annual fee, other periodic fee, or membership fee imposed for the issuance or availability of a credit card, including any account maintenance fee or other charge imposed based on activity or inactivity for the account during the billing cycle;

(2) Any minimum finance charge imposed for each period during which any extension of credit which is subject to a finance charge is outstanding; and

(3) Any transaction charge imposed in connection with use of the card to purchase goods or services;

(1) Subject to section 2-202, subsection 5, the date by which, or the period within which, any credit extended under the credit plan for purchases of goods or services must be repaid to avoid incurring a finance charge; and

(2) If the length of the grace period varies, the card issuer may disclose the range of days, the minimum number of days or the average number of days in the grace period, if the disclosure is identified as such; and

(d) Balance calculation method:

(1) The name of the balance calculation method used in determining the balance on which the finance charge is computed if the method used has been defined by the administrator, or a detailed explanation of the balance calculation method used if the method has not been so defined; and

(2) In prescribing regulations to carry out this subsection, the administrator shall define and name not more than the 5 balance calculation methods determined by the administrator to be the most commonly used methods.

(ii) In addition to the information required to be disclosed under subparagraph (i), each application or solicitation to which that subparagraph applies shall disclose clearly and conspicuously the following information, subject to subsections 5 and 6:

(a) Any cash advance fee which is any fee imposed for an extension of credit in the form of cash;

(b) Any late fee which is any fee imposed for a late payment; and

(c) Any over-the-limit fee which is any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to that account. [1989, c. 472, §2 (NEW).]

B. Telephone solicitations shall be governed by this paragraph.

(i) In any telephone solicitation to open a credit card account for any person under an open-end consumer credit plan, the person making the solicitation shall orally disclose the information described in paragraph A, subparagraph (i).

(ii) Subparagraph (i) shall not apply to any telephone solicitation if:

(a) The credit card issuer:

(1) Does not impose any fee described in subsection 3, paragraph A, subparagraph (i), division (b), subdivision (1); or

(2) Does not impose any fee in connection with telephone solicitations unless the consumer signifies acceptance by using the card;

(b) The card issuer discloses clearly and conspicuously in writing the information described in paragraph A within 30 days after the consumer requests the card, but in no event later than the date of delivery of the card; and

(c) The card issuer discloses clearly and conspicuously that the consumer is not obligated to accept the card or account and the consumer will not be obligated to pay any of the fees or charges disclosed unless the consumer elects to accept the card or account by using the card. [1989, c. 472, §2 (NEW).]

C. Applications and solicitations by other means shall be governed by this paragraph.

(i) Any application to open a credit card account for any person under an open-end consumer credit plan, or any solicitation to open such an account without requiring an application, that is made available to the public or contained in catalogs, magazines, or other publications, shall meet the disclosure requirements of subparagraph (ii), (iii) or (iv).

(ii) An application or solicitation described in subparagraph (i) meets the requirement of this subparagraph if that application or solicitation contains:

(a) The information:

(1) Described in paragraph A, subparagraph (i) in the form required under section 8-202, subsection 3, subject to subsection 5 of this section; and

(2) Described in paragraph A, subparagraph (ii) in a clear and conspicuous form, subject to subsections 5 and 6;

(b) A statement, in a conspicuous and prominent location on the application or solicitation, that:

(1) The information is accurate as of the date the application or solicitation was printed;

(2) The information contained in the application or solicitation is subject to change after that date; and

(3) The applicant should contact the creditor for information on any change in the information contained in the application or solicitation since it was printed;

(d) A disclosure, in a conspicuous and prominent location on the application or solicitation, of a toll-free telephone number or a mailing address at which the applicant may contact the creditor to obtain any change in the information provided in the application or solicitation since it was printed.

(iii) An application or solicitation described in subparagraph (i) meets the requirement of this subparagraph if that application or solicitation:

(a) Contains a statement, in a conspicuous and prominent location on the application or solicitation, that:

(1) There are costs associated with the use of credit cards; and

(2) The applicant may contact the creditor to request disclosure of specific information of those costs by calling a toll-free telephone number or by writing to an address, specified in the application;

(b) Contains a disclosure, in a conspicuous and prominent location on the application or solicitation, of a toll-free telephone number and a mailing address at which the applicant may contact the creditor to obtain that information; and

(iv) An application or solicitation meets the requirements of this subparagraph if it contains, or is accompanied by:

(a) The disclosures required by subsection 1, paragraphs A through F;

(b) The disclosures required by paragraph A, subparagraphs (i) and (ii), included clearly and conspicuously, except that the provisions of section 8-202, subsection 3, shall not apply; and

(c) A toll-free telephone number or a mailing address at which the applicant may contact the creditor to obtain any change in the information provided.

(v) Upon receipt of a request for any information referred to in subparagraph (ii), (iii) or (iv), the card issuer or the agent of that issuer shall promptly disclose all other information described in paragraph A. [1989, c. 472, §2 (NEW).]

D. Charge card applications and solicitation shall be governed by this paragraph.

(i) Any application or solicitation to open a charge card account shall disclose clearly and conspicuously the following information in the form required by section 8-202, subsection 3, subject to subsection 5:

(a) Any annual fee, other periodic fee or membership fee imposed for the issuance or availability of the charge card, including any account maintenance fee or other charge imposed based on activity or inactivity for the account during the billing cycle;

(b) Any transaction charge imposed in connection with use of the card to purchase goods or services; and

(c) A statement that charges incurred by use of the charge card are due and payable upon receipt of a periodic statement rendered for that charge card account.

(ii) In addition to the information required to be disclosed under subparagraph (i), each written application or solicitation to which that subparagraph applies shall disclose clearly and conspicuously the following information, subject to subsections 5 and 6, provided those fees or charges are not prohibited under section 2-501 or 2-502:

(a) Any cash advance fee which is any fee imposed for an extension of credit in the form of cash;

(b) Any late fee which is any fee imposed for a late payment; and

(c) Any over-the-limit fee which is any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to that account.

(iii) Any application to open a charge card account, or any solicitation to open such an account without requiring an application, that is made available to the public or contained in catalogs, magazines, or other publications, shall contain:

(a) The information:

(1) Described in subparagraph (i) in the form required under section 8-202, subsection 3, subject to subsection 5; and

(2) Described in subparagraph (ii) in a clear and conspicuous form, subject to subsections 5 and 6;

(b) A statement, in a conspicuous and prominent location on the application or solicitation, that:

(1) The information is accurate as of the date the application or solicitation was printed;

(2) The information contained in the application or solicitation is subject to change after that date; and

(3) The applicant should contact the creditor for information on any change in the information contained in the application or solicitation since it was printed;

(iv) If a charge card permits the card holder to receive an extension of credit under an open-end consumer credit plan, which is not maintained by the charge card issuer, the charge card issuer may provide the information described in subparagraphs (i) and (ii) in the form required by those subparagraphs in lieu of the information required under paragraph A, B or C with respect to any credit extended under that plan, if the charge card issuer discloses clearly and conspicuously to the consumer in the application or solicitation that:

(a) The charge card issuer will make an independent decision as to whether to issue the card;

(b) The charge card may arrive before the decision is made with respect to an extension of credit under an open-end consumer credit plan; and

The information required to be disclosed under paragraph A shall be provided to the charge card holder by the creditor which maintains the open-end consumer credit plan before the first extension of credit under that plan.

(v) For the purposes of this subsection, the term "charge card" means a card, plate or other single credit device that may be used from time to time to obtain credit which is not subject to a finance charge. [1989, c. 472, §2 (NEW).]

E. The administrator may, by regulation, require the disclosure of information in addition to that required by this subsection or subsection 4, and modify any disclosure of information required by those subsections, in any application to open a credit card account for any person under an open-end consumer credit plan or any application to open a charge card account for any person, or a solicitation to open any such account without requiring an application, if the administrator determines that the action is necessary to carry out the purposes of, or prevent evasions of, this subsection. [1989, c. 472, §2 (NEW).]

[ 1989, c. 472, §2 (NEW) .]

4. Disclosure prior to renewal shall be as follows:

A. Except as provided in paragraph B, a card issuer that imposes any fee described in subsection 3, paragraph A, subparagraph (i), division (b), subdivision (1) or subsection 3, paragraph D, subparagraph (i), division (a), shall transmit to the consumer at least 30 days prior to the scheduled renewal date of the consumer's credit or charge card account a clear and conspicuous disclosure of:

(i) The date, the month, or the billing period at the close of which the account will expire if not renewed;

(ii) The information described in subsection 3, paragraph A, subparagraph (i), or subsection 3, paragraph D, subparagraph (i), that would apply if the account were renewed, subject to subsection 5; and

(iii) The method by which the consumer may terminate continued credit availability under the account. [1989, c. 472, §2 (NEW).]

B. Special rule for certain disclosures shall be governed by this paragraph.

(i) The disclosures required by this subsection may be provided:

(a) Prior to posting a fee described in subsection 3, paragraph A, subparagraph (i), division (b), subdivision (1) or subsection 3, paragraph D, subparagraph (i), division (a), to the account; or

(b) With the first periodic billing statement that reflects the posting of the fee to the account.

(ii) Disclosures may be provided under subparagraph (i) only if:

(a) The consumer is given a 30-day period to avoid payment of the fee or to have the fee recredited to the account in any case when the consumer does not wish to continue the availability of the credit; and

(b) The consumer is permitted to use the card during that period without incurring an obligation to pay the fee. [1989, c. 472, §2 (NEW).]

C. The administrator may, by regulation, provide for fewer disclosures than are required by paragraph A in the case of an account which is renewable for a period of less than 6 months. [1989, c. 472, §2 (NEW).]

[ 1989, c. 472, §2 (NEW) .]

5. Other rules for disclosures under subsections 3 and 4 shall be as follows.

A. If the amount of any fee required to be disclosed under subsection 3 or 4 is determined on the basis of a percentage of another amount, the percentage used in making that determination and the identification of the amount against which that percentage is applied shall be disclosed in lieu of the amount of that fee. [1989, c. 472, §2 (NEW).]

B. If a credit or charge card issuer does not impose any fee required to be disclosed under any provision of subsection 3 or 4, this provision shall not apply with respect to that issuer. [1989, c. 472, §2 (NEW).]

[ 1989, c. 472, §2 (NEW) .]

6. If the amount of any fee required to be disclosed by a credit or charge card issuer under subsection 3, paragraph A, subparagraph (ii); subsection 3, paragraph C, subparagraph (ii), division (a), subdivision (2); subsection 3, paragraph D, subparagraph (ii); or subsection 3, paragraph D, subparagraph (iii), division (a), subdivision (2), varies from state to state, the card issuer may disclose the range of those fees for purposes of subsection 3 in lieu of the amount for each applicable state, if that disclosure includes a statement that the amount of the fee varies from state to state.

[ 1989, c. 472, §2 (NEW) .]

7. Insurance in connection with certain open-end credit card plans shall be as follows:

A. Whenever a card issuer that offers any guarantee or insurance for repayment of all or part of the outstanding balance of an open-end credit card plan proposes to change the provider of that guarantee or insurance, the card issuer shall send each insured consumer written notice of the proposed change not less than 30 days prior to the change, including notice of any increase in the rate or substantial decrease in coverage or service which will result from that change. The notice may be included on or with the monthly statement provided to the consumer prior to the month in which the proposed change would take effect. [1989, c. 472, §2 (NEW).]

B. In any case in which a proposed change described in paragraph A occurs, the insured consumer shall be given the name and address of the new guarantor or insurer and a copy of the policy or group certificate containing the basic terms and conditions, including the premium rate to be charged. [1989, c. 472, §2 (NEW).]

C. The notices required under paragraphs A and B shall each include a statement that the consumer has the option to discontinue the insurance or guarantee. [1989, c. 472, §2 (NEW).]

D. The administrator shall define in regulations what constitutes a "substantial decrease in coverage or service" for purposes of paragraph A. [1989, c. 472, §2 (NEW).]

[ 1989, c. 472, §2 (NEW) .]

SECTION HISTORY

1981, c. 243, §§25,26 (NEW). 1981, c. 551, §3 (AMD). 1989, c. 472, §2 (AMD).