Okla. Admin. Code § 160:45-3-6

Current through Vol. 42, No. 8, January 2, 2025

Section 160:45-3-6 - Identification of transactions

The creditor shall identify credit transactions on or with the first periodic statement that reflects the transaction by furnishing the following information, as applicable. 16/

(1)Sale credit. For each credit transaction involving the sale of property or services, the following rules shall apply:

(A)Copy of credit document provided. When an actual copy of the receipt or other credit document is provided with the first periodic statement reflecting the transaction, the transaction is sufficiently identified if the amount of the transaction and either the date of the transaction or the date of debiting the transaction to the consumer's account are disclosed on the copy or on the periodic statement.

(B)Copy of credit document not provided - - creditor and seller same or related person(s). When the creditor and the seller are the same person or related persons, and an actual copy of the receipt or other credit document is not provided with the periodic statement, the creditor shall disclose the amount and date of the transaction, and a brief identification 17/ of the property or services purchased.18/

(C)Copy of credit document not provided - creditor and seller not same or related person(s). When the creditor and seller are not the same person or related persons, and an actual copy of the receipt or other credit document is not provided with the periodic statement, the creditor shall disclose the amount and date of the transaction; the seller's name; and the city, and state or foreign country where the transaction took place. 19/

(2)Nonsale credit. A nonsale credit transaction is sufficiently identified if the first periodic statement reflecting the transaction discloses a brief identification of the transaction; 20/ the amount of the transaction; and at least one of the following dates: the date of the transaction, the date of debiting the transaction to the consumer's account, or, if the consumer signed the credit document, the date appearing on the document. If an actual copy of the receipt or other credit document is provided and that copy shows the amount and at least one of the specified dates, the brief identification may be omitted.

16/ Failure to disclose the information required by this section shall not be deemed a failure to comply with the chapter if:

(1) the creditor maintains procedures reasonably adapted to obtain and provide the information; and

(2) the creditor treats an inquiry for clarification or documentation as a notice of a billing error in accordance with federal regulations, 12 CFR 226.13(b), including correcting the amount in accordance with federal regulations, 12 CFR §226.13(e). This applies to transactions that take place outside a state, as defined in 160:45-1-2(a), whether or not the creditor maintains procedures reasonably adapted to obtain the required information.

17/ As an alternative to the brief identification, the creditor may disclose a number or symbol that also appears on the receipt or other credit document given to the consumer, if the number or symbol reasonably identifies that transaction with that creditor, and if the creditor treats an inquiry for clarification or documentation as a notice of a billing error in accordance with federal regulations, 12 CFR §226.13(b), including correcting the amount in accordance with federal regulations, 12 CFR §226.13(e).

18/ An identification of property or services may be replaced by the seller's name and location of the transaction when:

(1) the creditor and the seller are the same person;

(2) the creditor's open-end plan has fewer that 15,000 accounts;

(3) the creditor provides the consumer with point-of-sale documentation for that transaction; and

(4) the creditor treats an inquiry for clarification or documentation as a notice of a billing error in accordance with federal regulations, 12 CFR §226.13(b), including correcting the amount in accordance with in accordance with federal regulations, 12 CFR §226.13(e).

19/ The creditor may omit the address or provide any suitable designation that helps the consumer to identify the transaction when the transaction (1) took place at a location that is not fixed; (2) took place in the consumer's home; or (3) was a mail or telephone order.

20/ See footnote 17.

Okla. Admin. Code § 160:45-3-6

Amended at 17 Ok Reg 1587, eff 5-25-00; Amended at 18 Ok Reg 2361, eff 6-25-01