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#197278 - 06/04/04 09:16 PM Credit Card Agreement & Reg Z Disclosure
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,351
If, in the Bank's credit card agreement document, there is a statement such as...."the periodic rate is subject to being increased to a permanent rate of 18% per annum if the account is not maintained in good standing," must this rate be disclosed on the Reg Z application disclosure?
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#197279 - 06/04/04 09:32 PM Re: Credit Card Agreement & Reg Z Disclosure
Dan Persfull Offline
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Dan Persfull
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Posts: 47,530
Bloomington, IN
IMO yes. I would consider this a "default rate".
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#197280 - 06/04/04 09:48 PM Re: Credit Card Agreement & Reg Z Disclosure
swiggles Offline
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swiggles
Joined: Aug 2001
Posts: 7,351
Quote:

IMO yes. I would consider this a "default rate".




I don't suppose you have a site handy.........

I've read Reg Z 'til I'm blue in the face and cannot find anything which would specifically require it. I only find reference to disclosing a "penalty rate" that would be charged if one or more SPECIFIC events occur.
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#197281 - 06/04/04 10:58 PM Re: Credit Card Agreement & Reg Z Disclosure
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Actually the commentary to that cite (226.5a(b)(1)(7)) is what I'm basing my opinion on. You are going to increase the rate if the account is not maintained in a satisfactory manner, therefore I consider that a penalty/default rate. The increase will take affect based on some specific event that will cause you to no longer deem the account in good standing.
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The opinions expressed are mine and they are not to be taken as legal advice.

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