Required disclosures by creditor
Statement required with each billing cycle
Requirements relating to late payment deadlines and penalties.—
Late payment deadline required to be disclosed .—
Disclosure of increase in interest rates for late payments .—
Payments at local branches .—
Disclosure in credit and charge card applications and solicitations
Direct mail applications and solicitations
Information in tabular format
Annual percentage rates
Annual and other fees
Grace period
Balance calculation method
Other information
Cash advance fee
Any fee imposed for an extension of credit in the form of cash.
Late fee
Any fee imposed for a late payment.
Over-the-limit fee
Any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to such account.
Telephone solicitations
In general
In any telephone solicitation to open a credit card account for any person under an open end consumer credit plan, the person making the solicitation shall orally disclose the information described in paragraph (1)(A).
Exception
Applications and solicitations by other means
In general
Any application to open a credit card account for any person under an open end consumer credit plan, and any solicitation to open such an account without requiring an application, that is made available to the public or contained in catalogs, magazines, or other publications shall meet the disclosure requirements of subparagraph (B), (C), or (D).
Specific information
General information without any specific term
Applications or solicitations containing subsection (a) disclosures
Prompt response to information requests
Upon receipt of a request for any of the information referred to in subparagraph (B), (C), or (D), the card issuer or the agent of such issuer shall promptly disclose all of the information described in paragraph (1).
Charge card applications and solicitations
In general
Other information
Cash advance fee
Any fee imposed for an extension of credit in the form of cash.
Late fee
Any fee imposed for a late payment.
Over-the-limit fee
Any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to such account.
Applications and solicitations by other means
Issuers of charge cards which provide access to open end consumer credit plans
Charge card defined
For the purposes of this subsection, the term “charge card” means a card, plate, or other single credit device that may be used from time to time to obtain credit which is not subject to a finance charge.
Regulatory authority of the Bureau
The Bureau may, by regulation, require the disclosure of information in addition to that otherwise required by this subsection or subsection (d), and modify any disclosure of information required by this subsection or subsection (d), in any application to open a credit card account for any person under an open end consumer credit plan or any application to open a charge card account for any person, or a solicitation to open any such account without requiring an application, if the Bureau determines that such action is necessary to carry out the purposes of, or prevent evasions of, any paragraph of this subsection.
Additional notice concerning “introductory rates”
In general
Exception
Clauses (ii) and (iii) of subparagraph (A) do not apply with respect to any listing of a temporary annual percentage rate on an envelope or other enclosure in which an application or solicitation to open a credit card account is mailed.
Conditions for introductory rates
Definitions
Relation to other disclosure requirements
section 1632 of this titleNothing in this paragraph may be construed to supersede subsection (a) of , or any disclosure required by paragraph (1) or any other provision of this subsection.
Internet-based solicitations
In general
Form of disclosure
Definitions
Applications from underage consumers
Prohibition on issuance
No credit card may be issued to, or open end consumer credit plan established by or on behalf of, a consumer who has not attained the age of 21, unless the consumer has submitted a written application to the card issuer that meets the requirements of subparagraph (B).
Application requirements
Safe harbor
The Bureau shall promulgate regulations providing standards that, if met, would satisfy the requirements of subparagraph (B)(ii).
Disclosure prior to renewal
In general
Short-term renewals
The Bureau may by regulation provide for fewer disclosures than are required by paragraph (1) in the case of an account which is renewable for a period of less than 6 months.
Other rules for disclosures under subsections (c) and (d)
Fees determined on the basis of a percentage
If the amount of any fee required to be disclosed under subsection (c) or (d) is determined on the basis of a percentage of another amount, the percentage used in making such determination and the identification of the amount against which such percentage is applied shall be disclosed in lieu of the amount of such fee.
Disclosure only of fees actually imposed
If a credit or charge card issuer does not impose any fee required to be disclosed under any provision of subsection (c) or (d), such provision shall not apply with respect to such issuer.
Disclosure of range of certain fees which vary by State allowed
If the amount of any fee required to be disclosed by a credit or charge card issuer under paragraph (1)(B), (3)(B)(i)(II), (4)(B), or (4)(C)(i)(II) of subsection (c) varies from State to State, the card issuer may disclose the range of such fees for purposes of subsection (c) in lieu of the amount for each applicable State, if such disclosure includes a statement that the amount of such fee varies from State to State.
Insurance in connection with certain open end credit card plans
Change in insurance carrier
Whenever a card issuer that offers any guarantee or insurance for repayment of all or part of the outstanding balance of an open end credit card plan proposes to change the person providing that guarantee or insurance, the card issuer shall send each insured consumer written notice of the proposed change not less than 30 days prior to the change, including notice of any increase in the rate or substantial decrease in coverage or service which will result from such change. Such notice may be included on or with the monthly statement provided to the consumer prior to the month in which the proposed change would take effect.
Notice of new insurance coverage
In any case in which a proposed change described in paragraph (1) occurs, the insured consumer shall be given the name and address of the new guarantor or insurer and a copy of the policy or group certificate containing the basic terms and conditions, including the premium rate to be charged.
Right to discontinue guarantee or insurance
The notices required under paragraphs (1) and (2) shall each include a statement that the consumer has the option to discontinue the insurance or guarantee.
No preemption of State law
No provision of this subsection shall be construed as superseding any provision of State law which is applicable to the regulation of insurance.
Bureau definition of substantial decrease in coverage or service
The Bureau shall define, in regulations, what constitutes a “substantial decrease in coverage or service” for purposes of paragraph (1).
Prohibition on certain actions for failure to incur finance charges
A creditor of an account under an open end consumer credit plan may not terminate an account prior to its expiration date solely because the consumer has not incurred finance charges on the account. Nothing in this subsection shall prohibit a creditor from terminating an account for inactivity in 3 or more consecutive months.
Advance notice of rate increase and other changes required
Advance notice of increase in interest rate required
section 1666i–1(b) of this titleIn the case of any credit card account under an open end consumer credit plan, a creditor shall provide a written notice of an increase in an annual percentage rate (except in the case of an increase described in paragraph (1), (2), or (3) of ) not later than 45 days prior to the effective date of the increase.
Advance notice of other significant changes required
In the case of any credit card account under an open end consumer credit plan, a creditor shall provide a written notice of any significant change, as determined by rule of the Bureau, in the terms (including an increase in any fee or finance charge, other than as provided in paragraph (1)) of the cardholder agreement between the creditor and the obligor, not later than 45 days prior to the effective date of the change.
Notice of right to cancel
Each notice required by paragraph (1) or (2) shall be made in a clear and conspicuous manner, and shall contain a brief statement of the right of the obligor to cancel the account pursuant to rules established by the Bureau before the effective date of the subject rate increase or other change.
Rule of construction
section 1666i–1(c)(2) of this titleClosure or cancellation of an account by the obligor shall not constitute a default under an existing cardholder agreement, and shall not trigger an obligation to immediately repay the obligation in full or through a method that is less beneficial to the obligor than one of the methods described in , or the imposition of any other penalty or fee.
Prohibition on penalties for on-time payments
Prohibition on double-cycle billing and penalties for on-time payments
Exceptions
Opt-in required for over-the-limit transactions if fees are imposed
In general
In the case of any credit card account under an open end consumer credit plan under which an over-the-limit fee may be imposed by the creditor for any extension of credit in excess of the amount of credit authorized to be extended under such account, no such fee shall be charged, unless the consumer has expressly elected to permit the creditor, with respect to such account, to complete transactions involving the extension of credit under such account in excess of the amount of credit authorized.
Disclosure by creditor
No election by a consumer under paragraph (1) shall take effect unless the consumer, before making such election, received a notice from the creditor of any over-the-limit fee in the form and manner, and at the time, determined by the Bureau. If the consumer makes the election referred to in paragraph (1), the creditor shall provide notice to the consumer of the right to revoke the election, in the form prescribed by the Bureau, in any periodic statement that includes notice of the imposition of an over-the-limit fee during the period covered by the statement.
Form of election
A consumer may make or revoke the election referred to in paragraph (1) orally, electronically, or in writing, pursuant to regulations prescribed by the Bureau. The Bureau shall prescribe regulations to ensure that the same options are available for both making and revoking such election.
Time of election
A consumer may make the election referred to in paragraph (1) at any time, and such election shall be effective until the election is revoked in the manner prescribed under paragraph (3).
Regulations
Rule of construction
Nothing in this subsection shall be construed to prohibit a creditor from completing an over-the-limit transaction, provided that a consumer who has not made a valid election under paragraph (1) is not charged an over-the-limit fee for such transaction.
Restriction on fees charged for an over-the-limit transaction
With respect to a credit card account under an open end consumer credit plan, an over-the-limit fee may be imposed only once during a billing cycle if the credit limit on the account is exceeded, and an over-the-limit fee, with respect to such excess credit, may be imposed only once in each of the 2 subsequent billing cycles, unless the consumer has obtained an additional extension of credit in excess of such credit limit during any such subsequent cycle or the consumer reduces the outstanding balance below the credit limit as of the end of such billing cycle.
Limit on fees related to method of payment
With respect to a credit card account under an open end consumer credit plan, the creditor may not impose a separate fee to allow the obligor to repay an extension of credit or finance charge, whether such repayment is made by mail, electronic transfer, telephone authorization, or other means, unless such payment involves an expedited service by a service representative of the creditor.
Use of term “fixed rate”
With respect to the terms of any credit card account under an open end consumer credit plan, the term “fixed”, when appearing in conjunction with a reference to the annual percentage rate or interest rate applicable with respect to such account, may only be used to refer to an annual percentage rate or interest rate that will not change or vary for any reason over the period specified clearly and conspicuously in the terms of the account.
Standards applicable to initial issuance of subprime or “fee harvester” cards
In general
If the terms of a credit card account under an open end consumer credit plan require the payment of any fees (other than any late fee, over-the-limit fee, or fee for a payment returned for insufficient funds) by the consumer in the first year during which the account is opened in an aggregate amount in excess of 25 percent of the total amount of credit authorized under the account when the account is opened, no payment of any fees (other than any late fee, over-the-limit fee, or fee for a payment returned for insufficient funds) may be made from the credit made available under the terms of the account.
Rule of construction
No provision of this subsection may be construed as authorizing any imposition or payment of advance fees otherwise prohibited by any provision of law.
Due dates for credit card accounts
In general
The payment due date for a credit card account under an open end consumer credit plan shall be the same day each month.
Weekend or holiday due dates
If the payment due date for a credit card account under an open end consumer credit plan is a day on which the creditor does not receive or accept payments by mail (including weekends and holidays), the creditor may not treat a payment received on the next business day as late for any purpose.
Parental approval required to increase credit lines for accounts for which parent is jointly liable
No increase may be made in the amount of credit authorized to be extended under a credit card account for which a parent, legal guardian, or spouse of the consumer, or any other individual has assumed joint liability for debts incurred by the consumer in connection with the account before the consumer attains the age of 21, unless that parent, guardian, or spouse approves in writing, and assumes joint liability for, such increase.
22 So in original. No subsec. (q) has been enacted. College card agreements
Definitions
College affinity card
College student credit card account
The term “college student credit card account” means a credit card account under an open end consumer credit plan established or maintained for or on behalf of any college student.
College student
The term “college student” means an individual who is a full-time or a part-time student attending an institution of higher education.
Institution of higher education
3
Reports by creditors
In general
Each creditor shall submit an annual report to the Bureau containing the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with an institution of higher education, or an alumni organization or foundation affiliated with or related to such institution, with respect to any college student credit card issued to a college student at such institution.
Details of report
Aggregation by institution
The information required to be reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation affiliated with or related to such institution.
Initial report
The initial report required under subparagraph (A) shall be submitted to the Bureau before the end of the 9-month period beginning on .
Reports by Bureau
The Bureau shall submit to the Congress, and make available to the public, an annual report that lists the information concerning credit card agreements submitted to the Bureau under paragraph (2) by each institution of higher education, alumni organization, or foundation.
Pub. L. 90–321, title I, § 12782 Stat. 153Pub. L. 93–495, title III88 Stat. 1511Pub. L. 96–221, title VI, § 613(a)94 Stat. 176Pub. L. 100–583102 Stat. 2960Pub. L. 100–709, § 2(b)102 Stat. 4729Pub. L. 109–8, title XIII119 Stat. 204Pub. L. 111–24, title I123 Stat. 1735Pub. L. 111–203, title X, § 1100A(2)124 Stat. 2107(, , ; , §§ 304, 305, title IV, §§ 411, 415, , , 1519, 1521; –(e), , , 177; , §§ 2(a), 6, , , 2968; , , ; , §§ 1301(a), 1303(a), 1304(a), 1305(a), 1306(a), , , 209, 211, 212; , §§ 101(a)(1), 102(a), 103, 105, 106(a), title II, §§ 201(a), 202, 203, title III, §§ 301, 303, 305(a), , , 1738, 1741–1743, 1745–1749; , , .)
Editorial Notes
Amendments
Pub. L. 111–2032010— substituted “Bureau” for “Board” wherever appearing.
Pub. L. 111–24, § 201(a)2009—Subsec. (b)(11). , amended par. (11) generally, revising the minimum payment disclosures required from creditors.
Pub. L. 111–24, § 202Subsec. (b)(12). , amended par. (12) generally. Prior to amendment, par. (12) read as follows: “If a late payment fee is to be imposed due to the failure of the obligor to make payment on or before a required payment due date, the following shall be stated clearly and conspicuously on the billing statement:
“(A) The date on which that payment is due or, if different, the earliest date on which a late payment fee may be charged.
“(B) The amount of the late payment fee to be imposed if payment is made after such date.”
Pub. L. 111–24, § 301Subsec. (c)(8). , added par. (8).
Pub. L. 111–24, § 203(3)Subsec. (d)(1). , substituted “A card issuer that has changed or amended any term of the account since the last renewal that has not been previously disclosed or” for “Except as provided in paragraph (2), a card issuer” in introductory provisions.
Pub. L. 111–24, § 203(1)Subsec. (d)(2), (3). , (2), redesignated par. (3) as (2) and struck out former par. (2) which provided a special rule for certain disclosures.
Pub. L. 111–24, § 101(a)(1)Subsec. (i). , added subsec. (i).
lPub. L. 111–24, § 102(a)lSubsecs. (j) to (). , added subsecs. (j) to ().
Pub. L. 111–24, § 103Subsec. (m). , added subsec. (m).
Pub. L. 111–24, § 105Subsec. (n). , added subsec. (n).
oPub. L. 111–24, § 106(a)oSubsec. (). , added subsec. ().
Pub. L. 111–24, § 303Subsec. (p). , added subsec. (p).
Pub. L. 111–24, § 305(a)Subsec. (r). , added subsec. (r).
Pub. L. 109–8, § 1301(a)2005—Subsec. (b)(11). , added par. (11).
Pub. L. 109–8, § 1305(a)Subsec. (b)(12). , added par. (12).
Pub. L. 109–8, § 1303(a)Subsec. (c)(6). , added par. (6).
Pub. L. 109–8, § 1304(a)Subsec. (c)(7). , added par. (7).
Pub. L. 109–8, § 1306(a)Subsec. (h). , added subsec. (h).
Pub. L. 100–7091988—Subsec. (a)(8). added par. (8).
Pub. L. 100–583, § 2(a)Subsecs. (c) to (f). , added subsecs. (c) to (f).
Pub. L. 100–583, § 6Subsec. (g). , added subsec. (g).
Pub. L. 96–221, § 613(a)(1)1980—Subsec. (a)(1). , inserted provisions requiring the creditor to disclose that no time period is provided.
Pub. L. 96–221, § 613(a)(2)Subsec. (a)(5). , (3), redesignated par. (6) as (5) and inserted provisions relating to identification of other charges, and regulations by the Board. Former par. (5), relating to elective rights of the creditor, was struck out.
Pub. L. 96–221, § 613(a)(2)Subsec. (a)(6). , (3), redesignated par. (7) as (6) and revised nomenclature and expanded statement requirements. Former par. (6) redesignated (5).
Pub. L. 96–221, § 613(a)(2)Subsec. (a)(7), (8). , (d), redesignated par. (8) as (7) and substituted provisions relating to one billing cycle per calendar year, for provisions relating to each of two billing cycles per year. Former par. (7) redesignated (6).
Pub. L. 96–221, § 613(b)Subsec. (b)(2). , inserted provisions relating to failure of the creditor to disclose information in accordance with this paragraph, and made minor changes in phraseology.
Pub. L. 96–221, § 613(c)Subsec. (b)(7) to (11). , struck out par. (7) which related to elective rights of the creditor, and redesignated pars. (8) to (11) as (7) to (10), respectively.
Pub. L. 96–221, § 613(e)Subsec. (c). , struck out subsec. (c) which related to the time for making disclosures with respect to open end consumer credit plans having an outstanding balance of more than $1 at or after the close of the first full billing cycle.
Pub. L. 93–495, § 415(1)1974—Subsec. (a)(1). , inserted exception relating to nonimposition of a finance charge at the election of the creditor and without disclosure.
Pub. L. 93–495, § 304(a)Subsec. (a)(8). , added par. (8).
Pub. L. 93–495, § 411Subsec. (b)(2). , substituted provisions requiring a brief identification on or accompanying the statement of credit extension sufficient to enable the obligor to identify the transaction or relate it to copies of sales vouchers or similar instruments previously furnished, for provisions requiring for purchases a brief identification, unless previously furnished, of the goods or services purchased.
Pub. L. 93–495, § 415(2)Subsec. (b)(10). , inserted exception relating to nonimposition of additional finance charge at the election of the creditor and without disclosure.
Pub. L. 93–495, § 305Subsec. (b)(11). , added par. (11).
Pub. L. 93–495, § 304(b)Subsec. (c). , substituted provisions relating to disclosure requirements in a notice mailed or delivered to the obligor not later than the time of mailing the next statement required by subsec. (b) of this section, for provisions relating to disclosure requirements in a notice mailed or delivered to the obligor not later than thirty days after .
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.
Effective Date of 2009 Amendment
Pub. L. 111–24section 3 of Pub. L. 111–24section 1602 of this titleAmendment by effective 9 months after , except as otherwise specifically provided, see , set out as a note under .
Pub. L. 111–24, title I, § 101(a)(2)123 Stat. 1736
Effective Date of 2005 Amendment
Pub. L. 109–8, title XIII, § 1301(b)(2)119 Stat. 207
Pub. L. 109–8, title XIII, § 1303(b)(2)119 Stat. 211
Pub. L. 109–8, title XIII, § 1304(b)(2)119 Stat. 212
Pub. L. 109–8, title XIII, § 1305(b)(2)119 Stat. 212
Pub. L. 109–8, title XIII, § 1306(b)(2)119 Stat. 212
Effective Date of 1988 Amendment
Pub. L. 100–709For effective date of amendments by , see Regulations; Effective Date note below.
Effective Date of 1980 Amendment
Pub. L. 96–221section 625 of Pub. L. 96–221section 1602 of this titleAmendment by effective on expiration of two years and six months after , with all regulations, forms, and clauses required to be prescribed to be promulgated at least one year prior to such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date, see , set out as a note under .
Effective Date of 1974 Amendment
Pub. L. 93–495section 308 of Pub. L. 93–495section 1666 of this titleFor effective date of amendment by sections 304 and 305 of , see , set out as an Effective Date note under .
section 411 of Pub. L. 93–495section 416 of Pub. L. 93–495section 1665a of this titleFor effective date of amendment by , see , set out as an Effective Date note under .
section 415 of Pub. L. 93–495section 416 of Pub. L. 93–495section 1665a of this titleAmendment by effective , see , set out as an Effective Date note under .
Regulations
Pub. L. 111–24, title II, § 201(c)123 Stat. 1745
In general .—
Approved agencies .—
Pub. L. 109–8, title XIII, § 1301(b)(1)119 Stat. 207
Pub. L. 109–8, title XIII, § 1303(b)(1)119 Stat. 211
Pub. L. 109–8, title XIII, § 1304(b)(1)119 Stat. 211
Pub. L. 109–8, title XIII, § 1305(b)(1)119 Stat. 212
Pub. L. 109–8, title XIII, § 1306(b)(1)119 Stat. 212
Pub. L. 109–8, title XIII, § 1309119 Stat. 213
Regulations .—
Examples .—
Standards .—
Regulations; Effective Date
Pub. L. 100–709section 7 of Pub. L. 100–709section 1637a of this titleFor provisions relating to promulgation of regulations to implement amendment by , and effective date of such amendment in connection with those regulations, see , set out as a note under .
Pub. L. 100–583, § 7102 Stat. 2968
Reports to Congress
Pub. L. 111–24, title III, § 305(b)123 Stat. 1750
Study .—
Report .—
Pub. L. 100–583, § 8102 Stat. 2969