The creditor shall disclose to the consumer, in terminology consistent with that to be used on the periodic statement, each of the following items, to the extent applicable:
(1) Finance charge. The circumstances under which a finance charge will be imposed and an explanation of how it will be determined, as follows:
- (A) A statement of when finance charges begin to accrue, including an explanation of whether or not any time period exists within which any credit extended may be repaid without incurring a finance charge. If such a time period is provided, a creditor may, at its option and without disclosure, impose no finance-charge when payment is received after the time period's expiration.
- (B) A disclosure of each periodic rate that may be used to compute the finance charge, the range of balances to which it is applicable, 11/ and the corresponding annual percentage rate. 12/ When different periodic rates apply to different types of transactions, the types of transactions to which the periodic rates apply shall also be disclosed.
- (C) An explanation of the method used to determine the balance on which the finance charge may be computed.
- (D) An explanation of how the amount of any finance charge will be determined, 13/ including a description of how any finance charge other than the periodic rate will be determined.
- (2) Other charges. The amount of any charge other than a finance charge that may be imposed as a part of the plan, or an explanation of how the charge will be determined.
- (3) Security interests. The fact that the creditor has or will acquire a security interest in the property purchased under the plan, or in other property identified by item or type.
- (4) Statement of billing rights. A statement that outlines the consumer's rights and the creditor's responsibilities in accordance with federal regulations, 12 CFR §226.12(c) and §226.13.
(5) Home-equity plan information. The following disclosures described in 160:45-3-3(4), as applicable:
- (A) A statement of the conditions under which the creditor may take certain action, as described in 160:45-3-3(4)(D)(i), such as terminating the plan or changing the terms.
- (B) The payment information described in 160:45-3-3(4)(E)(i) and (ii) for both the draw period and any repayment period.
- (C) A statement that negative amortization may occur, as described in 160:45-3-3(4)(I).
- (D) A statement of any transaction requirements as described in 160:45-3-3(4)(J).
- (E) A statement regarding the tax implications as described in 160:45-3-3(4)(K).
- (F) A statement that the annual percentage rate imposed under the plan does not include costs other than interest as described in 160:45-3-3(4)(F) and 160:45-3-3(4)(L)(ii).
- (G) The variable-rate disclosures described in 160:45-3-3 (4)(L)(viii), (x), (xi), and (xii), as well as the disclosure described in 160:45-3-3(4)(E)(iii), unless the disclosures provided with the application were in a form the consumer could keep and included a representative payment example for the category of payment option chosen by the consumer.
11/ A creditor is not required to adjust the range of balances disclosure to reflect the balance below which only a minimum charge applies.
12/ If a creditor is offering a variable-rate plan, the creditor shall also disclose: (1) the circumstances under which the rate(s) may increase; (2) any limitations on the increase; and (3) the effect(s) of an increase.
13/ If no finance charge is imposed when the outstanding balance is less than a certain amount, no disclosure is required of that fact or of the balance below which no finance charge will be imposed.
Amended at 17 Ok Reg 1587, eff 5-25-00
Amended at 18 Ok Reg 2361, eff 6-25-01
<b>11/</b> A creditor is not required to adjust the range of balances disclosure to reflect the balance below which only a minimum charge applies.
<b>12/</b> If a creditor is offering a variable-rate plan, the creditor shall also disclose: (1) the circumstances under which the rate(s) may increase; (2) any limitations on the increase; and (3) the effect(s) of an increase.
<b>13/</b> If no finance charge is imposed when the outstanding balance is less than a certain amount, no disclosure is required of that fact or of the balance below which no finance charge will be imposed.