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- CREDIT PRACTICES- REGARDING COSIGNERS; WAGE ASSIGNMENTS;
- LIMITATIONS OF LIENS ON CONSUMER LENDING
-
- 16 Code of Federal Regulations, Section 444
-
-
- Section 444.1
-
- Definitions--
-
- (a) "Lender." A person who engages in the business of
- lending money to consumers within the jurisdiction of the Federal
- Trade Commission.
-
- (b) "Retail Installment seller." A person who sells goods or
- services to consumers on a deferred payment basis or pursuant to
- a lease-purchase arrangement within the jurisdiction of the
- Federal Trade Commission.
-
- (c) "Person." An individual, corporation, or other business
- organization.
-
- (d) "Consumer." A natural person who seeks or acquires
- goods, services, or money for personal, family or household use.
-
- (e) "Obligation." An agreement between a consumer and a
- lender or retail installment seller.
-
- (f) "Creditor." A lender or a retail installment seller.
-
- (g) "Debt." Money that is due or alleged to be due from one
- to another.
-
- (h) "Earnings." Compensation paid or payable to an
- individual or for his or her own account for personal services
- rendered or to be rendered by him or her, whether denominated as
- wages, salary, commission, bonus, or otherwise, including
- periodic payments pursuant to a pension, retirement, or
- disability program.
-
- (i) "Household goods." Clothing, furniture, appliances, one
- radio and one television, linens, china, crockery, kitchenware,
- and personal effects (including wedding rings) of the consumer
- and his or her dependents, provided that the following are not
- included within the scope of the term "household goods":
-
- (1) Works of art;
-
- (2) Electronic entertainment equipment (except one
- television and one radio);
-
- (3) Items acquired as antiques; and
-
- (4) Jewelry (except wedding rings).
-
- (j) "Antique." Any item over one hundred years of age,
- including such items that have been repaired or renovated without
- changing their original form or character.
-
- (k) "Cosigner." A natural person who renders himself or
- herself liable for the obligation of another person without
- compensation. The term shall include any person whose signature
- is requested as a condition to granting credit to another person,
- or as a condition for forbearance on collection of another
- person's obligation that is in default. The term shall not
- include a spouse whose signature is required on a credit
- obligation to perfect a security interest pursuant to State law.
- A person who does not receive goods, services, or money in return
- for a credit obligation does not receive compensation within the
- meaning of this definition. A person is a cosigner within the
- meaning of this definition whether or not he or she is designated
- as such on a credit obligation.
-
- Section 444.2
-
- Unfair credit practices--
-
- (a) In connection with the extension of credit to consumers
- in or affecting commerce, as commerce is defined in the Federal
- Trade Commission Act, it is unfair act or practice within the
- meaning of Section 5 of that Act for a lender or retail
- installment seller directly or indirectly to take or receive from
- a consumer an obligation that:
-
- (1) Constitutes or contains a cognovit or confession of
- judgment (for purposes other than executory process in the State
- of Louisiana), warrant of attorney, or other waiver of right to
- notice and the opportunity to be heard in the event of suit or
- process thereon.
-
- (2) Constitutes or contains an executory waiver or a
- limitation of exemption from attachment, execution, or other
- process on real or personal property held, owned by, or due to
- the consumer, unless the waiver applies solely to property
- subject to a security interest executed in connection with the
- obligation.
-
- (3) Constitutes or contains an assignment of wages or other
- earnings unless:
-
- (i) The assignment by its terms is revocable at the will of
- the debtor, or
-
- (ii) The assignment is a payroll deduction plan or
- preauthorized payment plan, commencing at the time of the
- transaction, in which the consumer authorizes a series of wage
- deductions as a method of making each payment, or
-
- (iii) The assignment applies only to wages or other earnings
- already earned at the time of the assignment.
-
- (4) Constitutes or contains a non possessory security
- agreement in household gods other than a purchase money security
- interest.
-
-
- Section 444.3 Unfair or deceptive cosigner practices--
-
- (a) In connection with the extension of credit to consumers
- in or affecting commerce, as commerce is defined in the Federal
- Trade Commission Act, it is:
-
-
- (1) A deceptive act or practice within the meaning of
- section 5 of that Act for a lender or retail installment seller,
- directly or indirectly, to misrepresent the nature of extent of
- cosigner liability to any person.
-
- (2) An unfair act or practice within the meaning of section
- 5 of that Act for a lender or retail installment seller, directly
- or indirectly, to obligate a cosigner unless the cosigner is
- informed prior to becoming obligated, which in the case of open
- end credit shall mean prior to the time that the agreement
- creating the cosigner's liability for future charges is executed,
- of the nature of his or her liability as a cosigner.
-
- (b) Any lender or retail installment seller who complies
- with the preventative requirements in paragraph (c) of this
- section does not violate paragraph (a) of this section.
-
- (c) To prevent these unfair or deceptive acts or practices,
- a disclosure, consisting of a separate document that shall
- contain the following statement and no other, shall be given to
- the cosigner prior to becoming obligated, which in the case of
- open end credit shall mean prior to the time that the agreement
- creating the cosigner's liability for future charges is executed:
-
- NOTICE TO COSIGNER
-
- You are being asked to guarantee this debt. Think carefully
- before you do. If the borrower doesn't pay the debt, you will
- have to. Be sure that you can afford to pay if you have to, and
- that you want to accept this responsibility.
-
- You may have to pay up to the full amount of the debt if the
- borrower does not pay. You may also have to pay late fees or
- collection costs, which increase this amount.
-
- The creditor can collect this debt from you without first
- trying to collect from the borrower. The creditor can use the
- same collection methods against you that can be used against the
- borrower, such as suing you, garnishing your wages, etc. If this
- debt is ever in default, that fact may become a part of YOUR
- credit rating.
-
- This notice is not the contract that makes you liable for
- the debt.
-
- Section 444.4
-
- Late charges---
-
- (a) In connection with collecting a debt arising out of an
- extension of credit to a consumer in or affecting commerce, as
- commerce is defined in the Federal Trade Commission Act, it is an
- unfair act or practice within the meaning of section 5 of that
- Act for a creditor, directly, or indirectly, to levy or collect
- any delinquency charge on a payment, which payment is otherwise a
- full payment for the applicable period and is paid on its due
- date of within an applicable grace period, when the only
- delinquency is attributable to late fee(s) or delinquency
- charges(s) assessed on earlier installment(s).
-
- (b) For purposes of this section, "collecting a debt" means
- any activity other than the use of judicial process that is
- intended to bring about repayment of all or part of a consumer
- debt.
-
-