4 Colo. Code Regs. § 902-1-16

Current through Register Vol. 47, No. 20, October 25, 2024
Rule 4 CCR 902-1-16 - Deferred Deposit Loan Payment Plans

This rule is repealed effective August 11, 2010 with respect to loans made or renewed under the Deferred Deposit Loan Act on or after that date. It remains in effect with respect to loans made or renewed prior to the repeal of § 5-3.1-108(5), C.R.S.

For deferred deposit loans subject to section 5-3.1-108(5), C.R.S. on voluntary payment plans, a lender shall also comply with this rule.

(a)Notice of Written Payment Plan Offers
(1) The written notice of the option to participate in a voluntary payment plan required in section 5-3.1-108(5)(a), C.R.S. shall state the following language in at least ten-point type:

"NOTICE OF PAYMENT PLAN OPTION

YOU HAVE THE RIGHT TO PARTICIPATE IN A VOLUNTARY PAYMENT PLAN TO REPAY THIS LOAN. IF YOU SELECT A PAYMENT PLAN, YOU MAY REPAY ANY AMOUNTS DUE IN AT LEAST 6 EQUAL INSTALLMENTS RATHER THAN 1 SINGLE PAYMENT. PAYMENTS WILL BE DUE ON YOUR PAYDAY OR DATE YOU RECEIVE BENEFITS. THERE IS NO ADDITIONAL FEE FOR A PAYMENT PLAN.

YOU MAY SELECT THE PAYMENT PLAN NOW OR AT ANY TIME BEFORE THE CLOSE OF BUSINESS ON THE DAY BEFORE THIS LOAN IS DUE. TO SELECT A PAYMENT PLAN (select either or both of the phrases below as applicable)

RETURN TO THIS LOCATION OR ANY OTHER BRANCH LOCATIONS WE OPERATE IN COLORADO. CONTACT OUR OFFICE FOR THE NAMES AND ADDRESSES OF OTHER BRANCH LOCATIONS, IF ANY, WE OPERATE IN COLORADO.

(and/or)

IF THIS LOAN WAS ORIGINATED AT A WEB SITE, BY TELEPHONE, OR AT ANOTHER REMOTE LOCATION, VISIT OR CONTACT US AT (insert applicable information).

THE DECISION TO SELECT A PAYMENT PLAN IS YOURS TO MAKE. IF YOU SELECT A PAYMENT PLAN, THE LENDER MUST PROVIDE A PLAN THAT MEETS THE REQUIREMENTS DESCRIBED ABOVE. YOU ARE ENTITLED TO RECEIVE A COPY OF THIS NOTICE.

BY SIGNING BELOW I ACKNOWLEDGE THAT I WAS OFFERED THE OPTION OF A PAYMENT PLAN.

________________________________ ___________________

(signature) (date)"

(2) The Notice of Payment Plan Option shall prominently include the lender's business name,

physical location address, and telephone number, and shall also include the consumer's signature and the date the notice was provided. It shall be contained in a document separate from the loan application, loan agreement, contract, and any other disclosures required by state or federal law, except that the notice may also contain the written payment plan. The lender shall provide the consumer with a copy of the notice of payment plan option in a form the consumer may keep.

(b)Contents of Written Payment Plan. The written payment plan shall contain all of the following information:
(1) Total amount of existing debt,
(2) Dates of each payment,
(3) Amount of each payment,
(4) That there is no additional fee to select a plan,
(5) That the lender is prohibited by law from collection activities while the consumer meets the terms of the plan,
(6) That the lender and its affiliates are prohibited by law from making any deferred deposit loans to the consumer before a plan is completed, and
(7) That if the consumer does not pay the full amount of each payment by the due date, the lender may collect all of the remaining debt due and charge the consumer a $25.00 default fee.

A lender that requires a consumer to provide post-dated checks or electronic authorizations for the payments under the plan must disclose that information in the written payment plan. The payment plan must be dated and signed by both the lender and consumer

(c)Record Retention. A lender shall maintain records relating to all of its written payment plan offers and payment plans pursuant to Rule 10 of the Uniform Consumer Credit Code Rules.

4 CCR 902-1-16

Repealed effective November 1, 2000
Rule 10 eff. 08/01/2007.
Rule 16 eff. 08/01/2007.
Rule 14 eff. 01/01/2008.
Rule16 eff. 01/01/2008.
Rules 14 eff. 10/01/2008.
Rule 13 eff. 07/30/2009.
Rule 2 eff. 07/30/2009
Rule 3 eff. 07/30/2009.
Rule 4 eff. 07/30/2009.
Rule 6 eff. 07/30/2009.
Rule 8 eff. 07/30/2009.
Rule 9 eff. 07/30/2009.
Rule10 eff. 07/30/2009.
Rule14 repealed eff. 07/30/2009.
Rule 16 (1st un - numbered paragraph); eff.11/29/2010.
Rule 17 eff. 11/29/2010.