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Published byCharlie Chaffin Modified over 9 years ago
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A really, really brief overview TRUTH IN LENDING
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Full and fair disclosure of credit terms Most commonly violated regulation Has evolved beyond being a disclosure regulation Enormous Scope INTRODUCTION
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Non-consumer credit Amount financed is more than $50,000 (except real property) Certain student loans EXEMPTIONS
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Annual Percentage Rate Business Day Closed-end Credit Open-end Credit Finance Charge KEY DEFINITIONS
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OPEN-END CREDIT
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At application Before first transaction or at consummation After consummation TIMING OF OPEN-END DISCLOSURES
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General Clear, conspicuous, in writing, in a form the member may keep Model forms required Initial Disclosures Finance charge Other charges Voluntary Credit Insurance, Debt Cancellation, or Debt Suspension Premiums Security interests Statement of billing rights DISCLOSURES
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Plan termination or change Payment information Negative amortization Transaction requirements Tax implications APR only includes interest Variable rate disclosure and example HELOC DISCLOSURES
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APRs Annual or other periodic fees Fixed finance charges Transaction charges Grace period Balance computation method Fees Required insurance, debt cancellation or debt suspension FRB Website Billing error rights reference TABLE DISCLOSURES (NON-HELOC)
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Give required disclosures Give rescission notice Delay line access and deed recording for three business days RESCISSION
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Previous balance Identification of transactions Credits Periodic rates Balance on which finance charge computed Amount of finance charge and other charges Grace period Address for notice of billing errors Closing date of billing cycle New balance PERIODIC STATEMENT – ALL ACCOUNTS
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Formatting requirements Change-in-terms and increased penalty rate Deferred interest or similar transactions PERIODIC STATEMENT – NON-HELOC
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Due date and late payment costs Repayment disclosures PERIODIC STATEMENT – CREDIT CARDS
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15 days for HELOCs 45 days for non-HELOC accounts (formatting requirements apply) CHANGE IN TERMS
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Limitations on increasing APRs, fees, and charges Opt-in for over-the-limit charges Fee limitations Special rules for marketing to college students Special rules for handling payments Evaluation of consumer’s ability to pay Allocation of payments Internet posting of credit card agreements Reevaluation of rate increases CARD ACT REQUIREMENTS
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Clear and conspicuous Legible Reasonably understandable Actually available terms MARKETING AND ADVERTISING
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A description of the circumstances under which a finance charge will be imposed, or how it is to be determined APR Periodic rate Grace period The amounts of any other charges Security Interest Billing Rights Home equity plan information TRIGGER TERMS
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Any minimum, fixed, transaction, activity, or similar charge Any periodic rate that may apply, expressed as an annual percentage rate Variable rate information Membership or participation fees ADDITIONAL DISCLOSURES REQUIRED
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APRs referred to as “fixed” unless a time period is also mentioned “Free Money” Promotional rates must list a time period MISLEADING TERMS
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Fees The periodic rate, if any, used to compute the finance charge, expressed as an annual percentage rate. The maximum annual percentage rate that may be charged if it is a variable-rate plan. Special variable rate information if the ad contains an introductory rate not based on the index and margin used to determine future rate changes Balloon Payment information Tax Implications Promotional Rate information Alternative Disclosures for Television or Radio Advertisements HELOC ADDITIONAL DISCLOSURES
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CLOSED-END CREDIT
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Clearly and conspicuously In writing In a form that the consumer may keep Grouped together Segregated from everything else Before consummation of a loan Early disclosures required for certain mortgage loans FORM OF DISCLOSURES
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Identity of the creditor The amount financed Itemization of the Amount Financed Finance Charge Annual Percentage Rate Variable-Rate Information Payment Schedule Total of payments Total sales price Demand feature Prepayment Late payment Security interest Certain security interest charges Contract reference Assumption policy Required deposit Maximum interest disclosure for variable- rate mortgage loans CONTENTS
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Reverse mortgage loans High-rate, high-fee mortgage loans (Section 32 loans) Mortgage Disclosure Improvement Act (rules for mortgages) Notice of purchase, assignment or transfer (mortgages) Loan originator compensation and steering (mortgages) Private education loans SPECIAL DISCLOSURES
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Give required disclosures Give rescission notice Delay loan funding and deed recording for three business days RESCISSION
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Terms advertised must be actually available The “annual percentage rate” (or APR) must be used whenever a rate is disclosed Disclosures must be legible and reasonably understandable TRIGGER TERMS: The amount or percentage of any down payment The number of payments or the period of repayment The amount of any payment The amount of any finance charged The amounts of any other charges you might The fact that the credit union will take a security interest in any asset MARKETING AND ADVERTISING
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The amount or percentage of the down payment The terms of repayment The “annual percentage rate,” using that term For an APR that may be increased after consummation, a statement to that effect. ADDITIONAL DISCLOSURES
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