TITLE 6

Commercial Law – General Regulatory Provisions

CHAPTER 6-26.1

Credit Card Lending

SECTION 6-26.1-5



   § 6-26.1-5  Interest fees and charges.

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(a) In addition to, or in lieu of, interest at a periodic percentage rate or

rates as provided in § 6-26.1-4, a credit card lender may, if the

agreement governing the credit card plan so provides, charge and collect, as

interest, in any manner or form that the plan may provide, one or more of the

following:



   (1) Daily, weekly, monthly, annual, or other periodic charges

in any amount or amounts that the agreement may provide for the privileges made

available to the borrower under the plan;



   (2) A transaction charge or charges in any amount or amounts

that the agreement may provide for each separate purchase, loan, or other

transaction under the plan;



   (3) A minimum charge for each daily, weekly, monthly, annual

or other scheduled billing period under the plan during any portion of which

there is an outstanding unpaid indebtedness under the plan;



   (4) Reasonable fees for services rendered or for

reimbursement of expenses incurred in good faith by the credit card lender or

its agents in connection with the plan, or other reasonable fees incident to

the application for and the opening, administration and termination of a plan

including, without limitation, commitment, application and processing fees;

official fees and taxes; costs incurred by reason of examination of title,

inspection, appraisal, recording, mortgage satisfaction, or other formal acts

necessary or appropriate to the security for the plan; and filing fees;



   (5) Returned payment charges or charges imposed for the

return of a draft or check drawn on a credit card plan evidencing an extension

of credit under the plan;



   (6) Documentary evidence charges;



   (7) Stop payment fees;



   (8) Overlimit charges;



   (9) Automated teller machine charges or other electronic or

interchange fees or charges;



   (10) Prepayment charges authorized under subsection (b) of

this section; and



   (11) Subject to any limitations contained in this chapter,

any other fees and charges that are set forth in the agreement governing the

plan.



   (b) An individual borrower may pay the outstanding unpaid

indebtedness charged to the borrower's account under a plan in full at any

time. Except for a charge imposed to terminate a plan if the agreement

governing the plan so provides, a credit card lender may not impose any

prepayment charge in connection with the payment of outstanding unpaid

indebtedness in full by an individual borrower. The terms of prepayment of the

outstanding unpaid indebtedness relating to a credit card plan involving a

borrower other than an individual borrower shall be as the lender and the

borrower may agree.



   (c) No charges assessed in accordance with this section shall

be deemed void as a penalty or otherwise unenforceable under any statute or the

common law.



History of Section.

(P.L. 2003, ch. 237, § 1; P.L. 2014, ch. 528, § 16.)