Section 24-4.5-4-108 - Prepayment by proceeds of consumer credit insurance; refund required; documentation; amount; interest; civil penalty Refund or Credit Required; Amount -
(1) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the debtor or the debtor's estate is entitled to a refund of: (a) any portion of a separate charge for insurance which by reason of prepayment is retained by the creditor or returned to the creditor by the insurer unless the charge was computed from time to time on the basis of the balances of the debtor's account; and(b) any portion of an additional charge that is:(i) assessed in accordance with IC 24-4.5-2-202(1)(c), IC 24-4.5-2-202(1)(h), IC 24-4.5-3-202(1)(e), or IC 24-4.5-3-202(1)(k); and(ii) subject to rebate upon prepayment.(2) This chapter does not require a creditor to grant a refund or credit to the debtor if all refunds and credits due to the debtor under this chapter amount to less than one dollar ($1), and except as provided in subsection (1) does not require the creditor to account to the debtor for any portion of a separate charge for insurance because: (a) the insurance is terminated by performance of the insurer's obligation;(b) the creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them; or(c) the creditor receives directly or indirectly under any policy of insurance a gain or advantage not prohibited by law.(3) Except as provided in subsection (2), the creditor or the creditor's assignee shall promptly make an appropriate refund or credit to the debtor for any separate charge made for insurance or for an additional charge described in subsection (1)(b) if: (a) the insurance is not provided or is provided for a term shorter than the term for which the charge to the debtor for insurance was computed; or(b) the insurance or the protection provided in exchange for the additional charge described in subsection (1)(b) terminates prior to the end of the scheduled term of the coverage because of prepayment in full or otherwise.(4) An initial creditor, a subsequent creditor, or an assignee of an initial or a subsequent creditor, shall maintain documentation of any account that is subject to a refund or credit under this section. The information maintained under this subsection shall be made available to the department as necessary to determine compliance with this section.(5) A refund or credit required by subsection (3)(a) is appropriate as to amount if it is computed according to a method prescribed or approved by the insurance commissioner or a formula filed by the insurer with the insurance commissioner at least thirty (30) days before the debtor's right to a refund or credit becomes determinable, unless the method or formula is used after the insurance commissioner notifies the insurer that it is disapproved.(6) If a refund or credit required by subsection (1) or (3) is not made to the debtor within sixty (60) days after the date the debt is terminated, due to prepayment in full or otherwise, the creditor shall pay to the debtor for each day after the sixty (60) day period has expired an amount equal to the daily interest at the contracted annual percentage rate on the amount of the refund required by subsection (1) due at the time of prepayment or termination. The director may impose an additional civil penalty of not greater than one thousand dollars ($1,000) per occurrence if a creditor engages in a pattern or practice of failing to comply with this subsection.Amended by P.L. 176-2019,SEC. 22, eff. 7/1/2019.(Formerly: Acts1971 , P.L. 366, SEC.5.) As amended by P.L. 122-1994, SEC.29; P.L. 172-1997, SEC.7; P.L. 213-2007, SEC.13; P.L. 217-2007, SEC.12; P.L. 90-2008, SEC.12.