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Session Laws, 1983
Volume 745, Page 737   View pdf image
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737
HARRY HUGHES, Governor
(3)  THE AMOUNTS OF OTHER CHARGES; AND (4)  THE APPLICABLE REPAYMENT SCHEDULE. (B) (1) THE BANK CREDIT GRANTOR SHALL NOTIFY EACH AFFECTED
BORROWER OF AN AMENDMENT IN THE MANNER SET FORTH IN THE AGREEMENT
GOVERNING THE PLAN AND IN COMPLIANCE WITH THE REQUIREMENTS OF THE
FEDERAL TRUTH IN LENDING ACT, AND REGULATIONS PROMULGATED
THEREUNDER. IF THE AMENDMENT HAS THE EFFECT OF INCREASING THE
INTEREST, FINANCE CHARGES, OR OTHER FEES AND CHARGES TO BE PAID
BY THE BORROWER, INCLUDING, BUT NOT LIMITED TO THOSE ENUMERATED
IN § 12-905 OF THIS SUBTITLE, OR ALTERING THE MANNER OF THEIR
COMPUTATION, THE BANK CREDIT GRANTOR SHALL MAIL OR DELIVER TO THE
BORROWER, AT LEAST 15 DAYS BEFORE THE EFFECTIVE DATE OF THE
AMENDMENT, A CLEAR AND CONSPICUOUS WRITTEN NOTICE WHICH SHALL
DESCRIBE THE AMENDMENT, INCLUDING THE AMOUNT AND METHOD OF
COMPUTATION OF ALL INTEREST, FEES, AND CHARGES, THE EFFECTIVE
DATE OF THE AMENDMENT, AND THE BORROWER'S RIGHT TO DISCONTINUE
USE OF THE PLAN AND AVOID THE INCREASED RATE. (2)  IF THE AMENDMENT HAS THE EFFECT OF INCREASING THE
INTEREST, FINANCE CHARGES, OR OTHER CHARGES TO BE PAID BY THE
BORROWER, THE AMENDMENT SHALL BECOME EFFECTIVE ONLY IF THE
BORROWER USES THE PLAN AFTER A DATE SPECIFIED IN THE NOTICE THAT
IS AT LEAST 15 DAYS AFTER THE GIVING OF THE NOTICE BY MAKING A
PURCHASE, OBTAINING A LOAN, OR BY INDICATING TO THE BANK CREDIT
GRANTOR IN WRITING THE BORROWER'S EXPRESS AGREEMENT TO THE
AMENDMENT. ANY AMENDMENT MAY BECOME EFFECTIVE AS TO A PARTICULAR
BORROWER ON THE FIRST DAY OF THE BILLING PERIOD DURING WHICH THE
BORROWER USED THE BORROWER'S ACCOUNT OR INDICATED AGREEMENT TO
THE AMENDMENT. (3)  ANY BORROWER WHO FAILS TO USE THE ACCOUNT OR TO
INDICATE AGREEMENT TO AN AMENDMENT SHALL BE PERMITTED TO PAY THE
OUTSTANDING UNPAID INDEBTEDNESS IN THE ACCOUNT UNDER THE PLAN IN
ACCORDANCE WITH THE TERMS OF THE AGREEMENT GOVERNING THE PLAN
WITHOUT GIVING EFFECT TO THE AMENDMENT. (C)  EXCEPT AS LIMITED BY SUBSECTION (B)(3) OF THIS SECTION,
IF THE TERMS OF THE AGREEMENT GOVERNING THE PLAN, AS ORIGINALLY
DRAWN OR AS AMENDED PROVIDE, ANY AMENDMENT MAY, ON AND AFTER THE
DATE ON WHICH IT BECOMES EFFECTIVE AS TO A PARTICULAR BORROWER,
APPLY TO ALL THEN OUTSTANDING UNPAID INDEBTEDNESS IN THE
BORROWER'S ACCOUNT UNDER THE PLAN, INCLUDING ANY INDEBTEDNESS
WHICH SHALL HAVE ARISEN OUT OF PURCHASES MADE OR LOANS OBTAINED
PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT. (D)  FOR PURPOSES OF THIS SECTION, A DECREASE IN THE
REQUIRED AMOUNT OF SCHEDULED PAYMENTS SHALL NOT BE DEEMED AN
AMENDMENT WHICH HAS THE EFFECT OF INCREASING THE INTEREST OR
FINANCE CHARGES TO BE PAID BY THE BORROWER. (E)  THE PROCEDURES FOR AMENDMENT BY A BANK CREDIT GRANTOR
OF THE TERMS OF A PLAN TO WHICH A BORROWER OTHER THAN A CONSUMER
BORROWER IS A PARTY MAY, NOTWITHSTANDING THE PROVISIONS OF THIS


 
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Session Laws, 1983
Volume 745, Page 737   View pdf image
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