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Session Laws, 1969
Volume 692, Page 1205   View pdf image
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MARVIN MANDEL, Governor                       1205

visions of Section 153D(c) hereof, then in addition, the amount or
the rate of the service charge on the [outstanding] unpaid balance.

153D.

(a) Notwithstanding the provisions of any other law, a seller,
[or] financial institution, or [his successor in interest,] a suc-
cessor in interest,
under a retail credit account, may charge, col-
lect and receive a service charge, however described, not to exceed
the following:

(c) When the service charged is assessed on the [outstanding]
unpaid balances from, month to month, a service charge which shall
not exceed the following rates computed on [the outstanding] such

unpaid balances from month to month [:]; excluding any unpaid

accrued charges and any purchases made within thirty (30) days

prior to the date the assessment is made: BALANCES FROM
MONTH TO MONTH:

(1)    On so much of the [outstanding] unpaid balance as does
not exceed Five Hundred Dollars ($500.00), one and one-half per
cent (1½%) per month; if the [outstanding] unpaid balance is
more than Five Hundred Dollars ($500.00), one per cent (1%) per
month on the excess over Five Hundred Dollars ($500.00) of the
[outstanding] unpaid balance.

(2)    Such service charge may be computed for all [outstanding]
unpaid balances within a range of not in excess of Ten Dollars
($10.00) on the basis of the median amount within such range if
as so computed such service charge is applied to all [outstanding]
unpaid balances within such range.

(e) A buyer may at any time prepay all or any part of the
unpaid [outstanding] balance payable under a retail credit account
of the type covered by subsection (b) above. If the buyer pays such
balance in full before maturity, the seller or holder shall forthwith
refund to him a portion of the service charge, including the charge
provided for in Section 153D(b) (3). The amount of such refund
shall be calculated by the following method:

The amount of the refund shall represent at least as great a pro-
portion of the total service charge as the sum of the periodical time
sale price or prices after the date of prepayment bears to the sum
of all periodical time sale price or prices, under the schedule of pay-
ments in the original agreement, otherwise known as the Rule of 78.

Where the amount of the credit for anticipation of payment is
less than One Dollar ($1.00), no refund need be made.

[In the event of prepayment, the seller, in any case, shall be en-
titled to retain a service charge of not less than six dollars (6.00).]

153F.

(a) Whenever a seller or holder shall violate any of the pro-
visions of this subtitle no seller or holder of such agreement shall
collect or receive any service charge from the buyer, except that any
unintentional failure (made in good faith) by the seller [,] or holder,
to comply with any provision of Section 153D of this subtitle may
be corrected within ten days after the holder notices such failure or

 

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Session Laws, 1969
Volume 692, Page 1205   View pdf image
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