CONTENT AND LIABILITY DISCLAIMER
§ 1602. Definitions and rules of construction
- (a) The definitions and rules of construction set forth in this section are
applicable for the purposes of this subchapter.
- (b) The term "Board" refers to the Board of Governors of the Federal
- (c) The term "organization" means a corporation, government or governmental
subdivision or agency, trust, estate, partnership, cooperative, or association.
- (d) The term "person" means a natural person or an organization.
- (e) The term "credit" means the right granted by a creditor to a debtor to
defer payment of debt or to incur debt and defer its payment.
- (f) The term "creditor" refers only to a person who both (1) regularly
extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and (2) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637(a)(5), 1637(a)(6), 1637(a)(7), 1637(b)(1), 1637(b)(2),1637(b)(3), 1637(b)(8), and 1637(b)(10) of this title, the term "creditor" shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Board shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection (aa) of this section in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter.
- (g) The term "credit sale" refers to any sale in which the seller is a
creditor. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services 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 property upon full compliance with his obligations under the contract.
- (h) The adjective "consumer", used with reference to a credit transaction,
characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes.
- (i) The term "open end credit plan" means a plan under which the creditor
reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.
- (j) The term "adequate notice," as used in section 1643 of this title,
means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder.
- (k) The term "credit card" means any card, plate, coupon book or other
credit device existing for the purpose of obtaining money, property, labor, or services on credit.
- (l) The term "accepted credit card" means any credit card which the
cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit.
- (m) The term "cardholder" means any person to whom a credit card is issued
or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.
- (n) The term "card issuer" means any person who issues a credit card, or
the agent of such person with respect to such card.
- (o) The term "unauthorized use," as used in section 1643 of this title,
means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.
- (p) The term "discount" as used in section 1666f of this title means a
reduction made from the regular price. The term "discount" as used in section 1666f of this title shall not mean a surcharge.
- (q) The term "surcharge" as used in this section and section 1666f of this
title means any means of increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check, or similar means."
- (r) The term "State" refers to any State, the Commonwealth of Puerto Rico,
the District of Columbia, and any territory or possession of the United States.
- (s) The term "agricultural purposes" includes the production, harvest,
exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures those agricultural products, including but not limited to the acquisition of farmland, real property with a farm residence, and personal property and services used primarily in farming.
- (t) The term "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.
- (u) The term "material disclosures" means the disclosure, as required by
this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 1639(a) of this title.
- (v) The term "dwelling" means a residential structure or mobile home which
contains one to four family housing units, or individual units of condominiums or cooperatives.
- (w) The term "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.
- (x) As used in this section and section 1666f of this title, the term
"regular price" means the tag or posted price charged for the property or service if a single price is tagged or posted, or the price charged for the property or service when payment is made by use of an open-end credit plan or a credit card if either (1) no price is tagged or posted, or (2) two prices are tagged or posted, one of which is charged when payment is made by use of an open-end credit plan or a credit card and the other when payment is made by use of cash, check, or similar means. For purposes of this definition, payment by check, draft, or other negotiable instrument which may result in the debiting of an open-end credit plan or a credit cardholder's open-end account shall not be considered payment made by use of the plan or the account.
- (y) Any reference to any requirement imposed under this subchapter or any
provision thereof includes reference to the regulations of the Board under this subchapter or the provision thereof in question.
- (z) The disclosure of an amount or percentage which is greater than the
amount or percentage required to be disclosed under this subchapter does not in itself constitute a violation of this subchapter.
- (aa)(1) A mortgage referred to in this subsection 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 -
- (A) the annual percentage rate at consummation of the transaction will exceed
by more than 10 percentage points 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
- (B) the total points and fees payable by the consumer at or before closing
will exceed the greater of -
- (i) 8 percent of the total loan amount; or
- (ii) $400.
- (2)(A) After the 2-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 subparagraph, the Board may by regulation increase or decrease the number of percentage points specified in paragraph (1)(A), if the Board determines that the increase or decrease is -
- (i) 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
- (ii) warranted by the need for credit.
- (B) An increase or decrease under subparagraph (A) may not result in the
number of percentage points referred to in subparagraph (A) being -
- (i) less that 8 percentage points; or
- (ii) greater than 12 percentage points.
- (C) In determining whether to increase or decrease the number of percentage
points referred to in subparagraph (A), the Board shall consult with representatives of consumers, including low-income consumers, and lenders.
- (3) The amount specified in paragraph (1)(B)(ii) 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.
- (4) For purposes of paragraph (1)(B), points and fees shall include -
- (A) all items included in the finance charge, except interest or the
- (B) all compensation paid to mortgage brokers;
- (C) each of the charges listed in section 1605(e) of this title (except an
escrow for future payment of taxes), unless -
- (i) the charge is reasonable;
- (ii) the creditor receives no direct or indirect compensation; and
- (iii) the charge is paid to a third party unaffiliated with the creditor; and
- (D) such other charges as the Board determines to be appropriate.
- (5) 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.
- (bb) The term "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 -
- (1) securing one or more advances; and
- (2) 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 -
- (A) the transfer of the dwelling;
- (B) the consumer ceases to occupy the dwelling as a principal dwelling; or
- (C) the death of the consumer.
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