House File 512 - Introduced HOUSE FILE 512 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 14) (COMPANION TO SF 177 BY COMMITTEE ON COMMERCE) A BILL FOR An Act providing for the deferral of unpaid installments and 1 deferral charges for certain interest-bearing consumer 2 credit transactions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1656HV (2) 87 gh/rn/nh
H.F. 512 Section 1. Section 537.2503, subsection 1, Code 2017, is 1 amended to read as follows: 2 1. a. Before or after default in payment of a scheduled 3 installment of a precomputed consumer credit transaction, the 4 parties to the transaction may agree in writing to a deferral 5 of all or part of one or more unpaid installments and the 6 creditor may make at the time of deferral and receive at that 7 time or at any time thereafter a deferral charge which is 8 not in excess of one and one-half percent per month for the 9 period of time for which it is deferred, but not to exceed the 10 rate of finance charge which was required to be disclosed in 11 the transaction to the consumer pursuant to section 537.3201 12 applied to each amount deferred for the period for which it 13 is deferred. In computing a deferral charge for one or more 14 months, any month may be counted as one-twelfth of a year and 15 in computing a deferral charge for part of a month, a day shall 16 be counted as one three hundred sixty-fifth of a year. 17 b. With respect to an interest-bearing consumer credit 18 transaction not pursuant to an open-end credit arrangement 19 and other than a consumer lease or consumer rental purchase 20 agreement, the parties to the transaction may agree in writing 21 to a deferral of all or part of one or more unpaid installments 22 in addition to any interest accrued pursuant to the terms of 23 the consumer credit transaction. The creditor may make at 24 the time of deferral and receive at that time or at any time 25 thereafter a deferral charge which shall not exceed twenty 26 dollars per deferred installment. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill authorizes the deferral of unpaid installments and 31 deferral charges for certain interest-bearing consumer credit 32 transactions. 33 Under Code section 537.2503(1), the parties to a precomputed 34 consumer credit transaction may agree in writing to a partial 35 -1- LSB 1656HV (2) 87 gh/rn/nh 1/ 2
H.F. 512 or full deferral of any unpaid installments and the creditor 1 may receive a deferral charge. The bill amends Code section 2 537.2503(1) by providing for such a deferral with respect to 3 interest-bearing consumer credit transactions not pursuant to 4 open-end credit arrangements and other than consumer lease 5 or consumer rental purchase agreements. The parties to this 6 type of transaction may agree in writing to a partial or full 7 deferral of any unpaid installments in addition to any interest 8 accrued pursuant to the terms of the transaction. The creditor 9 may receive a deferral charge not to exceed $20 per deferred 10 installment. 11 -2- LSB 1656HV (2) 87 gh/rn/nh 2/ 2