Retail Lending Examination Procedures

Appendix E: Appendix E: Debt Suspension Agreement and Debt Cancellation Contract Forms and Disclosure Worksheet

Debt Suspension Agreement and Debt Cancellation Contract Forms and Disclosure Worksheet Compliance Yes/No/NA Comments
12 CFR 37.6(a) Content of short form disclosures Appendix A to Part 37 — Short Form Disclosures
Product is optionalYour purchase of [PRODUCT NAME] is optional. Whether or not you purchase [PRODUCT NAME] will not affect your application for credit or the terms of any existing credit agreement you have with the bank.
Lump-sum payment of fee

Note: Applicable if a bank offers the option to pay the fee in a single payment. Prohibited when the debt subject to the contract is a residential mortgage loan.

You may choose to pay the fee in a single lump sum or in [monthly/quarterly] payments. Adding the lump sum of the fee to the amount you borrow will increase the cost of [PRODUCT NAME].

Lump-sum payment of fee with no refund

Note: Applicable if a bank offers the option to pay the fee in a single payment for a no-refund debt cancellation contract. Prohibited when the debt subject to the contract is a residential mortgage loan.

You may choose [PRODUCT NAME] with or without a refund provision. Prices of refund and no-refund products are likely to differ.

Refund of fee paid in lump sum

Note: Applicable when the customer pays the fee in a single payment and the fee is added to the amount borrowed. Prohibited when the debt subject to the contract is a residential mortgage loan.

Either (1) You may cancel [PRODUCT NAME] at any time and receive a refund; or (2) You may cancel [PRODUCT NAME] within _____ days and receive a full refund; or (3) If you cancel [PRODUCT NAME] you will not receive a refund.

Additional disclosures

We will give you additional information before you are required to pay for [PRODUCT NAME]. [If applicable:] This information will include a copy of the contract containing the terms of [PRODUCT NAME].

Eligibility requirements, conditions, and exclusions

There are eligibility requirements, conditions, and exclusions that could prevent you from receiving benefits under [PRODUCT NAME].

Either (1) You should carefully read our additional information for a full explanation of the terms of [PRODUCT NAME] or (2) You should carefully read the contract for a full explanation of the terms of [PRODUCT NAME].

12 CFR 37.6(b) Content of long form disclosures Appendix B to Part 37 – Long Form Disclosures
Product is optional

Your purchase of [PRODUCT NAME] is optional. Whether or not you purchase [PRODUCT NAME] will not affect your application for credit or the terms of any existing credit agreement you have with the bank.

Explanation of debt suspension agreement

Note: Applicable if the contract has a debt suspension feature.

If [PRODUCT NAME] is activated, your duty to pay the loan principal and interest to the bank is only suspended. You must fully repay the loan after the period of suspension has expired. [If applicable:] This includes interest accumulated during the period of suspension.

Amount of fee

For closed-end credit: The total fee for [PRODUCT NAME] is ___.

For open-end credit, either (1) The monthly fee for [PRODUCT NAME] is based on your account balance each month multiplied by the unit-cost, which is ______; or (2) The formula used to compute the fee is _______.

Lump-sum payment of fee Note: Applicable if a bank offers the option to pay the fee in a single payment. Prohibited when the debt subject to the contract is a residential mortgage loan. You may choose to pay the fee in a single lump sum or in [monthly/quarterly] payments. Adding the lump sum of the fee to the amount you borrow will increase the cost of [PRODUCT NAME].
Lump-sum payment of fee with no refund

Note: Applicable if a bank offers the option to pay the fee in a single payment for a no-refund DCC. Prohibited when the debt subject to the contract is a residential mortgage loan.

You have the option to purchase [PRODUCT NAME] that includes a refund of the unearned portion of the fee if you terminate the contract or prepay the loan in full prior to the scheduled termination date. Prices of refund and no-refund products may differ.

Refund of fee paid in lump sum

Note: Applicable when the customer pays the fee in a single payment and the fee is added to the amount borrowed. Prohibited when the debt subject to the contract is a residential mortgage loan.

Either (1) You may cancel [PRODUCT NAME] at any time and receive a refund; or (2) You may cancel [PRODUCT NAME] within ____ days and receive a full refund; or (3) If you cancel [PRODUCT NAME] you will not receive a refund.

Use of card or credit line restricted

Note: Applicable if the contract restricts use of card or credit line when customer activates protection.

If [PRODUCT NAME] is activated, you will be unable to incur additional charges on the credit card or use the credit line.

Termination of product

Either (1) You have no right to cancel [PRODUCT NAME]; or (2) You have the right to cancel [PRODUCT NAME] in the following circumstances: __________.

And

(1) The bank has no right to cancel [PRODUCT NAME]; or (2)The bank has the right to cancel [PRODUCT NAME] in the following circumstances: ___________.

Eligibility requirements, conditions, and exclusions

There are eligibility requirements, conditions, and exclusions that could prevent you from receiving benefits under [PRODUCT NAME].

Either (1) The following is a summary of the eligibility requirements, conditions, and exclusions (the bank provides a summary of any eligibility requirements, conditions, and exclusions); or (2) You may find a complete explanation of the eligibility requirements, conditions, and exclusions in paragraphs ______ of the [PRODUCT NAME] agreement.

12 CFR 37.6(d) Form of disclosures
Disclosures must be readily understandable

Disclosure must be conspicuous, simple, direct, readily understandable, and designed to call attention to the nature and significance of the information provided.

Disclosures must be meaningful Disclosures must be presented in a manner that engages the customer’s attention.

Examples of methods that could call attention to the nature and significance of the information provided include:

  1. A plain-language heading;

  2. A typeface and type size that are easy to read;

  3. Wide margins and ample line spacing;

  4. Boldface or italics for key words; and

  5. Distinctive type style, and graphic devices, such as shading or sidebars, when the disclosures are combined with other information.

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