Title 14A. Consumer Credit Code
§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being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.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 Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989.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; 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; Laws 2006, c. 203, § 1, eff. July 1, 2006.
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 <