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This entry was published on 2014-09-22
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SECTION 303
Credit service charge limitation
Personal Property (PEP) CHAPTER 41, ARTICLE 9
§ 303. Credit service charge limitation. 1. A retail seller may
contract for in a retail instalment contract and charge, receive and
collect the credit service charge authorized by this article at the rate
or rates agreed to by the retail seller and the buyer.

The credit service charge authorized by this subdivision shall be
computed on an amount equal to the total of the difference between the
cash sale price of the motor vehicle and the amount of the buyer's down
payment and the amount of official fees, and such charge may be made on
the amount included in the contract for insurance as determined under
subdivision six of section three hundred two of this chapter.

2. The credit service charge at the rate or rates authorized in
subdivision one shall be computed on the amounts on which they are
respectively required to be computed as specified in subdivision one on
contracts payable in successive monthly instalments substantially equal
in amount extending for a period of one year. On contracts providing for
instalments extending for a period less than or greater than one year,
the credit service charge shall be computed proportionately.

3. When a retail instalment contract provides for unequal or irregular
instalments, the credit service charge shall be at the effective rates
provided in subdivision one, having due regard for the schedule of
instalments.

4. As an alternative to the credit service charge provided for above,
a retail seller may contract for in a retail instalment contract and
charge, receive and collect a credit service charge calculated on the
unpaid balances of an amount computed as provided in the second
paragraph of subdivision one above, for the time outstanding according
to a generally accepted actuarial method at rates that may vary from
time to time and in accordance with the provisions of the contract. On
any contract with a variable rate credit service charge made pursuant to
this subdivision the rate shall be determined at regular intervals as
set forth in the contract and in accordance with such regulations as the
superintendent of financial services shall prescribe but said rate shall
not vary more often than once in any three month period and shall be
based on a published index that is (a) readily available, (b)
independently verifiable, (c) beyond the control of the retail seller
and (d) approved by the superintendent.

The superintendent shall adopt regulations with respect to retail
installment contracts that provide for a variable rate of credit-service
charge, including but not limited to: (a) providing for disclosure to
the buyer by the retail seller of the circumstances under which the rate
may increase, any limitations on the increase, the effect of an increase
and an example of the payment terms that would result from an increase;
(b) providing for disclosure to the buyer by the retail seller of a
history of the fluctuations of the index over a reasonable period of
time; and (c) providing for notice to the buyer by the retail seller
prior to any rate increase or change in the terms of payment.

5. The credit service charge shall be inclusive of all charges
incident to investigating and making the contract, and for the extension
of the credit provided for in the contract and no fee, expense or other
charge whatsoever shall be taken, received, reserved or contracted for
except as provided in this section, in subdivision seven of section
three hundred two and three hundred six and, if expressly provided for
in the retail instalment contract the amount of official fees as defined
in section three hundred one and the amount, if any, included for
insurance pursuant to subdivision five of section three hundred two.

6. Notwithstanding the maximum credit service charge authorized by
this article, such maximum credit service charge shall not apply to any
retail installment sale insured or guaranteed in whole or in part by the
Federal Housing Administration, the Veterans Administration, or any
other department or agency of the United States government.