The creditor shall
identify credit transactions on or with the first periodic statement that
reflects the transaction by furnishing the following information, as applicable.16
16
Failure to disclose the information required by this section shall not
be deemed a failure to comply with the regulation if: (1) The creditor
maintains procedures reasonably adapted to obtain and provide the information;
and (2) the creditor treats an inquiry for clarification or documentation
as a notice of a billing error, including correcting the account in accordance
with Sec. 226.13(e). This applies to transactions that take place outside
a state, as defined in Sec. 226.2(a), whether or not the creditor maintains
procedures reasonably adapted to obtain the required information.
(a) Sale credit. For each credit transaction
involving the sale of property or services, the following rules shall apply:
(1) Copy of credit document provided. When
an actual copy of the receipt or other credit document is provided with
the first periodic statement reflecting the transaction, the transaction
is sufficiently identified if the amount of the transaction and either
the date of the transaction or the date of debiting the transaction to
the consumer's account are disclosed on the copy or on the periodic statement.
(2) Copy of credit document not provided--creditor
and seller same or related person(s). When the creditor and the seller
are the same person or related persons, and an actual copy of the receipt
or other credit document is not provided with the periodic statement, the
creditor shall disclose the amount and date of the transaction, and a brief
identification17 of the property or services purchased.18
17
As an alternative to the brief identification, the creditor may disclose
a number or symbol that also appears on the receipt or other credit document
given to the consumer, if the number or symbol reasonably identifies that
transaction with that creditor, and if the creditor treats an inquiry for
clarification or documentation as a notice of a billing error, including
correcting the account in accordance with Sec. 226.13(e).
18
An identification of property or services may be replaced by the seller's
name and location of the transaction when: (1) The creditor and the seller
are the same person; (2) the creditor's open-end plan has fewer than 15,000
accounts; (3) the creditor provides the consumer with point-of-sale documentation
for that transaction; and (4) the creditor treats an inquiry for clarification
or documentation as a notice of a billing error, including correcting the
account in accordance with Sec. 226.13(e).
(3) Copy of credit document not provided--creditor
and seller not same or related person(s). When the creditor and seller
are not the same person or related persons, and an actual copy of the receipt
or other credit document is not provided with the periodic statement, the
creditor shall disclose the amount and date of the transaction; the seller's
name; and the city, and state or foreign country where the transaction
took place.19
19
The creditor may omit the address or provide any suitable designation that
helps the consumer to identify the transaction when the transaction (1)
took place at a location that is not fixed; (2) took place in the consumer's
home; or (3) was a mail or telephone order.
(b) Nonsale credit. A nonsale credit transaction
is sufficiently identified if the first periodic statement reflecting the
transaction discloses a brief identification of the transaction;20
the amount of the transaction; and at least one of the following dates:
the date of the transaction, the date of debiting the transaction to the
consumer's account, or, if the consumer signed the credit document, the
date appearing on the document. If an actual copy of the receipt or other
credit document is provided and that copy shows the amount and at least
one of the specified dates, the brief identification may be omitted.
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