Text: SF00489                           Text: SF00491
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 490

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 533D.9, subsections 2 and 3, Code 2001,
  1  2 are amended by striking the subsections.
  1  3    Sec. 2.  NEW SECTION.  533D.9A  REQUIRED DOCUMENTS AND
  1  4 DISCLOSURES.
  1  5    1.  INFORMATION PAMPHLET PROVIDED TO ALL CONSUMERS.  Before
  1  6 entering into a delayed deposit service transaction, the
  1  7 licensee shall deliver to the consumer a pamphlet which
  1  8 explains all of the consumer's rights and responsibilities in
  1  9 a delayed deposit service transaction, includes a telephone
  1 10 number to the superintendent's office to handle concerns or
  1 11 complaints by consumers, and informs consumers that the
  1 12 superintendent's office can provide information about whether
  1 13 a delayed deposit service business is licensed, whether
  1 14 complaints have been filed with the superintendent, and the
  1 15 resolution of such complaints.
  1 16    2.  LOAN DOCUMENTS.  Licensees shall give the maker of the
  1 17 check at the time any delayed deposit service transaction is
  1 18 made, or if there are two or more makers, to at least one of
  1 19 them, a written agreement in clear, understandable English, on
  1 20 a form specified or approved by the superintendent, in a form
  1 21 the consumer can keep, that includes all of the following
  1 22 information:
  1 23    a.  The name, address, and telephone number of the licensee
  1 24 making the delayed deposit loan, and the name and title of the
  1 25 individual employee who signs the agreement on behalf of the
  1 26 licensee.
  1 27    b.  An itemization of fees and charges to be paid by the
  1 28 consumers, including the annual percentage rate on the first
  1 29 hundred dollars on the face amount of the check that the fee
  1 30 represents, and the annual percentage rate on subsequent one
  1 31 hundred dollar increments that the fee represents, if
  1 32 different.
  1 33    c.  The date on which the check will be deposited or
  1 34 presented for negotiation.
  1 35    d.  A clear description of the consumer's payment
  2  1 obligations under the transaction.
  2  2    e.  The penalty, not to exceed fifteen dollars, that the
  2  3 licensee will charge if the check is not negotiable on the
  2  4 date agreed upon; that it may be collected only once on a
  2  5 check no matter how long the check remains unpaid; and that it
  2  6 is the licensee's exclusive fee and remedy for late payment or
  2  7 nonpayment.
  2  8    f.  Disclosures required by section 537.3201 and the Truth
  2  9 in Lending Act as defined in section 537.1302, irrespective of
  2 10 whether the Truth in Lending Act applies to the particular
  2 11 delayed deposit service transaction.
  2 12    g.  Applicable notices pursuant to Iowa law, including, but
  2 13 not limited to, that required by section 537.3203.
  2 14    h.  In a manner that is more conspicuous than the other
  2 15 information provided in the loan document, and located
  2 16 immediately preceding the signature of the consumer, the
  2 17 following notice in at least fourteen point type:  "You cannot
  2 18 be prosecuted in criminal court to collect this loan."
  2 19    3.  POSTED NOTICE.  Notices must be clearly and
  2 20 conspicuously posted by all licensees in each location, which
  2 21 informs consumers of the following information:
  2 22    a.  Informs consumers that the licensee cannot use the
  2 23 criminal process against a consumer to collect any delayed
  2 24 deposit service transaction check.
  2 25    b.  Informs the consumers of the schedule of all fees,
  2 26 charges, interest, and penalties to be charged on delayed
  2 27 deposit service transactions.  The schedule shall include an
  2 28 example of the amounts that would be charged on a one hundred
  2 29 dollar loan payable in fourteen and thirty days, and shall
  2 30 provide the corresponding annual percentage rate.  
  2 31                           EXPLANATION 
  2 32    This bill amends Code chapter 533D, regarding delayed
  2 33 deposit service transactions, more commonly known as "payday
  2 34 loans".
  2 35    The bill deletes disclosure provisions from current Code
  3  1 section 533D.9, and creates new Code section 533D.9A
  3  2 pertaining to disclosures.
  3  3    New Code section 533D.9A sets forth the disclosure
  3  4 requirements for delayed deposit service transactions,
  3  5 including:  (1) an information pamphlet to be furnished to all
  3  6 consumers before entering into a loan, that conveys all of the
  3  7 consumer's rights and responsibilities, including a telephone
  3  8 number to the banking division for questions, concerns, or
  3  9 complaints; (2) loan documents written in clear,
  3 10 understandable English that include the licensee and
  3 11 individual employee signing the agreement; an itemization of
  3 12 fees and charges; the date the check will be deposited or
  3 13 presented; a clear description of the payment obligations; the
  3 14 penalty, and the limitations upon the licensee in charging it;
  3 15 disclosures required under the Iowa consumer credit code and
  3 16 the federal Truth in Lending Act; and a notice in at least 14
  3 17 point type that states:  "You cannot be prosecuted in criminal
  3 18 court to collect this loan."; (3) posted notices that inform
  3 19 consumers of the schedule of all fees, charges, interest, and
  3 20 penalties, and that the criminal process cannot be used to
  3 21 collect any deferred deposit transaction checks.  
  3 22 LSB 2376SV 79
  3 23 jj/cls/14
     

Text: SF00489                           Text: SF00491
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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