(a) Form of disclosures. (1) The creditor shall make the disclosures required by this subpart clearly and conspicuously in writing,7 in a form that the consumer may keep.8 The
disclosures required by this subpart may
be provided to the consumer in
electronic form, subject to compliance
with the consumer consent and other
applicable provisions of the Electronic
Signatures in Global and National
Commerce Act (E-Sign Act) (15 U.S.C.
§ 7001 et seq.). The disclosures required
by §§ 226.5a, 226.5b, and 226.16 may be
provided to the consumer in electronic
form without regard to the consumer
consent or other provisions of the ESign
Act in the circumstances set forth
in those sections.
7
The disclosure required by Sec. 226.9(d) when a finance charge is imposed at the time of a transaction need not be written.
8
The disclosures required under Sec. 226.5a for credit and charge card applications and solicitations, the home equity disclosures required under Sec. 226.5b(d), the alternative summary billing rights statement provided for in Sec. 226.9(a)(2), the credit and charge card renewal disclosures required under Sec. 226.9(e), and the disclosures made under Sec. 226.10(b) about payment requirements need not be in a form that the consumer can keep.
(2) The terms finance charge and annual percentage rate, when required to be disclosed with a corresponding amount or percentage rate, shall be more conspicuous than any other required disclosure.9
9 The terms need not be more conspicuous when used under Sec. 226.5a for credit and charge card applications and solicitations under Sec. 226.7(d) on periodic statements, under Sec. 226.9(e) in credit and charge card renewal disclosures, and under Sec. 226.16 in advertisements.
(3) Certain disclosures required under Sec. 226.5a for credit and charge card applications and solicitations must be provided in a tabular format or in a prominent location in accordance with the requirements of that section.
(4) For rules governing the form of disclosures for home equity plans, see Sec. 226.5b(a).
(5) [Removed, effective 12/10/07]
(b) Time of disclosures. (1) Initial disclosures. The creditor shall furnish the initial disclosure statement required by Sec. 226.6 before the first transaction is made under the plan.
(2) Periodic statements. (i) The creditor shall mail or deliver a periodic statement as required by Sec. 226.7 for each billing cycle at the end of which an account has a debit or credit balance of more than $1 or on which a finance charge has been imposed. A periodic statement need not be sent for an account if the creditor deems it uncollectible, or if delinquency collection proceedings have been instituted, or if furnishing the statement would violate Federal law.
(ii) The creditor shall mail or deliver the periodic statement at least 14 days prior to any date or the end of any time period required to be disclosed under Sec. 226.7(j) in order for the consumer to avoid an additional finance or other charge.10 A creditor that fails to meet this requirement shall not collect any finance or other charge imposed as a result of such failure.
10 This timing requirement does not apply if the creditor is unable to meet the requirement because of an act of God, war, civil disorder, natural
disaster, or strike.
(3) Credit and charge card application and solicitation disclosures. The card issuer shall furnish the disclosures for credit and charge card applications and solicitations in accordance with the timing requirements of Sec. 226.5a.
(4) Home equity plans. Disclosures for home equity plans shall be made in accordance with the timing requirements of Sec. 226.5b(b).
(c) Basis of disclosures and use of estimates. Disclosures shall reflect the terms of the legal obligation between the parties. If any information necessary for accurate disclosure is unknown to the creditor, it shall make the disclosure based on the best information reasonably available and shall state clearly that the disclosure is an estimate.
(d) Multiple creditors; multiple consumers. If the credit plan involves more than one creditor, only one set of disclosures shall be given, and the creditors shall agree among themselves which creditor must comply with the requirements that this regulation imposes on any or all of them. If there is more than one consumer, the disclosures may be made to any consumer who is primarily liable on the account. If the right of rescission under Sec. 226.15 is applicable, however, the disclosures required by Secs. 226.6 and 226.15(b) shall be made to each consumer having the right to rescind.
(e) Effect of subsequent events. If a disclosure becomes inaccurate because of an event that occurs after the creditor mails or delivers the disclosures, the resulting inaccuracy is not a violation
of this regulation, although new disclosures may be required under Sec.
226.9(c).
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