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Factoids |
| The ultimate authority will be the Federal
Reserve
Board of Governors |
| Sales tax will not be reported as part of 'Rental Purchase
Cost' |
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Must use the terms 'New' or 'Used' |
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Consumer must sign a specific agreement to purchase optional damage waiver
or insurance |
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Consumer may re-instate 60 days if they have paid less than 50% to acquire
ownership, and 120 days if they have made more than 50% of payments |
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Dealer must supply a statement of account upon request at no charge (may
charge reasonable fee for more than 4 requests in any 12 month period) |
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New disclosures are not required for deferment of payments or extension of the
agreement (commonly called 'Bump') so long as total cost does not increase. |
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Advertisement must state whether payment amount advertised is for new or
used merchandise |
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An Attorney General must supply written notice of any enforcement action to
the FTC. |
If a state law is "inconsistent" with HR1701, the Act states...
"...If the Board determines that a term or provision of a State law is
inconsistent, merchants located in that State need not follow such term or
provision and shall incur no liability under the law of that State for
failure to follow such term or provision" It is up to the Board to
determine any inconsistency. |
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HR1701 supercedes any state law that requires
disclosure of APR or EAPR |
This is a feature on the The proposed Consumer Rental Purchase Agreement Act. We
have included a printable version of the bill
RTO Online maintains links to all available State Statutes
on our Regulations page.
New
Side by side comparison of ALL state
rent to own laws.
If you would like RTO Online to feature your State Rental Purchase Statute,
please email
here
Read Disclaimer
Following is the proposed Consumer Rental Purchase Agreement Act in its entirety
Current as of 04-05-03
Please check with your legislature to verify
Consumer Rental Purchase Agreement Act
Proposed
108th CONGRESS
1st Session
H. R. 996
To amend the Consumer Credit Protection Act to assure meaningful disclosures
of the terms of rental-purchase agreements, including disclosures of all costs
to consumers under such agreements, to provide certain substantive rights to
consumers under such agreements, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. JONES of North Carolina (for himself, Mr. ROSS, and Ms. HOOLEY of Oregon)
introduced the following bill; which was referred to the Committee on Financial
Services
A BILL
To amend the Consumer Credit Protection Act to assure meaningful disclosures
of the terms of rental-purchase agreements, including disclosures of all costs
to consumers under such agreements, to provide certain substantive rights to
consumers under such agreements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Consumer Rental Purchase Agreement Act'.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSE.
(a) FINDINGS- The Congress finds as follows:
(1) The rental-purchase industry provides a service that meets and
satisfies the demands of many consumers.
(2) Each year, approximately 2,300,000 United States households enter
into rental-purchase transactions and over a 5-year period approximately
4,900,000 United States households will do so.
(3) Competition among the various firms engaged in the extension of
rental-purchase transactions would be strengthened by informed use of
rental-purchase transactions.
(4) The informed use of rental-purchase transactions results from an
awareness of the cost thereof by consumers.
(b) PURPOSE- The purpose of this title is to assure the availability of
rental-purchase transactions and to assure simple, meaningful, and consistent
disclosure of rental-purchase terms so that consumers will be able to more
readily compare the available rental-purchase terms and avoid uninformed use
of rental-purchase transactions, and to protect consumers against unfair
rental-purchase practices.
SEC. 3. CONSUMER CREDIT PROTECTION ACT.
The Consumer Credit Protection Act is amended by adding at the end the
following new title:
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TITLE X--RENTAL-PURCHASE TRANSACTIONS
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Sec. 1001. Definitions.
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Sec. 1002. Exempted transactions.
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Sec. 1003. General disclosure requirements.
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Sec. 1004. Rental-purchase disclosures.
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Sec. 1005. Other agreement provisions.
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Sec. 1006. Right to acquire ownership.
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Sec. 1007. Prohibited provisions.
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Sec. 1008. Statement of accounts.
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Sec. 1009. Renegotiations and extensions.
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Sec. 1010. Point-of-rental disclosures.
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Sec. 1011. Rental-purchase advertising.
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Sec. 1012. Civil liability.
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Sec. 1013. Additional grounds for civil liability.
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Sec. 1014. Liability of assignees.
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Sec. 1015. Regulations.
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Sec. 1016. Enforcement.
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Sec. 1017. Criminal liability for willful and knowing
violation.
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Sec. 1018. Relation to other laws.
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Sec. 1019. Effect on government agencies.
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Sec. 1020. Compliance date.
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SEC. 1001. DEFINITIONS.
`For purposes of this title, the following definitions shall apply:
`(1) ADVERTISEMENT- The term `advertisement' means a commercial message
in any medium that promotes, directly or indirectly, a rental-purchase
agreement but does not include price tags, window signs, or other in-store
merchandising aids.
`(2) AGRICULTURAL PURPOSE- The term `agricultural purpose' includes--
`(A) the production, harvest, exhibition, marketing,
transformation, processing, or manufacture of agricultural products by
a natural person who cultivates plants or propagates or nurtures
agricultural products; and
`(B) the acquisition of farmlands, real property with a farm
residence, or personal property and services used primarily in
farming.
`(3) BOARD- The term `Board' means the Board of Governors of the
Federal Reserve System.
`(4) CASH PRICE- The term `cash price' means the price at which a
merchant, in the ordinary course of business, offers to sell for cash the
property that is the subject of the rental-purchase transaction.
`(5) CONSUMER- The term `consumer' means a natural person who is
offered or enters into a rental-purchase agreement.
`(6) DATE OF CONSUMMATION- The term `date of consummation' means the
date on which a consumer becomes contractually obligated under a
rental-purchase agreement.
`(7) INITIAL PAYMENT- The term `initial payment' means the amount to be
paid before or at the consummation of the agreement or the delivery of the
property if delivery occurs after consummation, including the rental
payment; service, processing, or administrative charges; delivery fee;
refundable security deposit; taxes; mandatory fees or charges; and any
optional fees or charges agreed to by the consumer.
`(8) MERCHANT- The term `merchant' means a person who provides the use
of property through a rental-purchase agreement in the ordinary course of
business and to whom a consumer's initial payment under the agreement is
payable.
`(9) PAYMENT SCHEDULE- The term `payment schedule' means the amount and
timing of the periodic payments and the total number of all periodic
payments that the consumer will make if the consumer acquires ownership of
the property by making all periodic payments.
`(10) PERIODIC PAYMENT- The term `periodic payment' means the total
payment a consumer will make for a specific rental period after the
initial payment, including the rental payment, taxes, mandatory fees or
charges, and any optional fees or charges agreed to by the consumer.
`(11) PROPERTY- The term `property' means property that is not real
property under the laws of the State where the property is located when it
is made available under a rental-purchase agreement.
`(12) RENTAL PAYMENT- The term `rental payment' means rent required to
be paid by a consumer for the possession and use of property for a
specific rental period, but does not include taxes or any fees or charges.
`(13) RENTAL PERIOD- The term `rental period' means a week, month, or
other specific period of time, during which the consumer has a right to
possess and use property that is the subject of a rental-purchase
agreement after paying the rental payment and any applicable taxes for
such period.
`(14) RENTAL-PURCHASE AGREEMENT-
`(A) IN GENERAL- The term `rental-purchase agreement' means a
contract in the form of a bailment or lease for the use of property by
a consumer for an initial period of 4 months or less, that is
renewable with each payment by the consumer, and that permits but does
not obligate the consumer to become the owner of the property.
`(B) EXCLUSIONS- The term `rental-purchase agreement' does not
include--
`(i) a credit sale (as defined in section 103(g) of the Truth
in Lending Act);
`(ii) a consumer lease (as defined in section 181(1) of such
Act); or
`(iii) a transaction giving rise to a debt incurred in
connection with the business of lending money or a thing of value.
`(15) RENTAL-PURCHASE COST-
`(A) IN GENERAL- For purposes of sections 1010 and 1011, the term
`rental-purchase cost' means the sum of all rental payments and
mandatory fees or charges imposed by the merchant as a condition of
entering into a rental-purchase agreement or acquiring ownership of
property under a rental-purchase agreement, such as the following:
`(i) Service, processing, or administrative charge.
`(ii) Fee for an investigation or credit report.
`(iii) Charge for delivery required by the merchant.
`(B) EXCLUDED ITEMS- The following fees or charges shall not be
taken into account in determining the rental-purchase cost with
respect to a rental-purchase transaction:
`(i) Fees and charges prescribed by law, which actually are or
will be paid to public officials or government entities, such as
sales tax.
`(ii) Fees and charges for optional products and services
offered in connection with a rental-purchase agreement.
`(16) STATE- The term `State' means any State of the United States, the
District of Columbia, any territory of the United States, Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Virgin Islands, and the Northern Mariana Islands.
`(17) TOTAL COST- The term `total cost' means the sum of the initial
payment and all periodic payments in the payment schedule to be paid by
the consumer to acquire ownership of the property that is the subject of
the rental-purchase agreement.
`SEC. 1002. EXEMPTED TRANSACTIONS.
`This title shall not apply to rental-purchase agreements primarily for
business, commercial, or agricultural purposes, or those made with Government
agencies or instrumentalities.
`SEC. 1003. GENERAL DISCLOSURE REQUIREMENTS.
`(a) RECIPIENT OF DISCLOSURE- A merchant shall disclose to any person who
will be a signatory to a rental-purchase agreement the information required by
sections 1004 and 1005.
`(b) TIMING OF DISCLOSURE- The disclosures required under sections 1004 and
1005 shall be made before the consummation of the rental-purchase agreement
and clearly and conspicuously in writing as part of the rental-purchase
agreement to be signed by the consumer.
`(c) CLEARLY AND CONSPICUOUSLY- As used in this section, the term `clearly
and conspicuously' means that information required to be disclosed to the
consumer shall be worded plainly and simply, and appear in a type size,
prominence, and location as to be readily noticeable, readable, and
comprehensible to an ordinary consumer.
`SEC. 1004. RENTAL-PURCHASE DISCLOSURES.
`(a) IN GENERAL- For each rental-purchase agreement, the merchant shall
disclose to the consumer the following, to the extent applicable:
`(1) The date of the consummation of the rental-purchase transaction
and the identities of the merchant and the consumer.
`(2) A brief description of the rental property, which shall be
sufficient to identify the property to the consumer, including an
identification or serial number, if applicable, and a statement indicating
whether the property is new or used.
`(3) A description of any fee, charge or penalty, in addition to the
periodic payment, that the consumer may be required to pay under the
agreement, which shall be separately identified by type and amount.
`(4) A clear and conspicuous statement that the transaction is a
rental-purchase agreement and that the consumer will not obtain ownership
of the property until the consumer has paid the total dollar amount
necessary to acquire ownership.
`(5) The amount of any initial payment, which includes the first
periodic payment, and the total amount of any fees, taxes, or other
charges, required to be paid by the consumer.
`(6) The amount of the cash price of the property that is the subject
of the rental-purchase agreement, and, if the agreement involves the
rental of 2 or more items as a set (as may be defined by the Board in
regulation) a statement of the aggregate cash price of all items shall
satisfy this requirement.
`(7) The amount and timing of periodic payments, and the total number
of periodic payments necessary to acquire ownership of the property under
the rental-purchase agreement.
`(8) The total cost, using that term, and a brief description, such as
`This is the amount you will pay the merchant if you make all periodic
payments to acquire ownership of the property.'.
`(9) A statement of the consumer's right to terminate the agreement
without paying any fee or charge not previously due under the agreement by
voluntarily surrendering or returning the property in good repair upon
expiration of any lease term.
`(10) Substantially the following statement: `OTHER IMPORTANT TERMS:
See your rental-purchase agreement for additional important information on
early termination procedures, purchase option rights, responsibilities for
loss, damage or destruction of the property, warranties, maintenance
responsibilities, and other charges or penalties you may incur.'.
`(b) FORM OF DISCLOSURE- The disclosures required by paragraphs (4) through
(10) of subsection (a) shall be segregated from other information at the
beginning of the rental-purchase agreement and shall contain only directly
related information, and shall be identified in boldface, upper-case letters
as follows: `IMPORTANT RENTAL-PURCHASE DISCLOSURES'.
`(c) DISCLOSURE REQUIREMENTS RELATING TO INSURANCE PREMIUMS AND LIABILITY
WAIVERS-
`(1) IN GENERAL- A merchant shall clearly and conspicuously disclose in
writing to the consumer before the consummation of a rental-purchase
agreement that the purchase of leased property insurance or liability
waiver coverage is not required as a condition for entering into the
rental-purchase agreement.
`(2) AFFIRMATIVE WRITTEN REQUEST AFTER COST DISCLOSURE- A merchant may
provide insurance or liability waiver coverage, directly or indirectly, in
connection with a rental-purchase transaction only if--
`(A) the merchant clearly and conspicuously discloses to the
consumer the cost of each component of such coverage before the
consummation of the rental-purchase agreement; and
`(B) the consumer signs an affirmative written request for such
coverage after receiving the disclosures required under subparagraph
(A) of this paragraph and paragraph (1).
`(d) ACCURACY OF DISCLOSURE-
`(1) IN GENERAL- The disclosures required to be made under subsection
(a) shall be accurate as of the date the disclosures are made, based on
the information available to the merchant.
`(2) INFORMATION SUBSEQUENTLY RENDERED INACCURATE- If information
required to be disclosed under subsection (a) is subsequently rendered
inaccurate as a result of any agreement between the merchant and the
consumer subsequent to the delivery of the required disclosures, the
resulting inaccuracy shall not constitute a violation of this title.
`SEC. 1005. OTHER AGREEMENT PROVISIONS.
`(a) IN GENERAL- Each rental-purchase agreement shall--
`(1) provide a statement specifying whether the merchant or the
consumer is responsible for loss, theft, damage, or destruction of the
property;
`(2) provide a statement specifying whether the merchant or the
consumer is responsible for maintaining or servicing the property,
together with a brief description of the responsibility;
`(3) provide that the consumer may terminate the agreement without
paying any charges not previously due under the agreement by voluntarily
surrendering or returning the property that is the subject of the
agreement upon expiration of any rental period;
`(4) contain a provision for reinstatement of the agreement, which at a
minimum--
`(A) permits a consumer who fails to make a timely rental payment
to reinstate the agreement, without losing any rights or options which
exist under the agreement, by the payment of all past due rental
payments and any other charges then due under the agreement and a
payment for the next rental period within 7 business days after
failing to make a timely rental payment if the consumer pays monthly,
or within 3 business days after failing to make a timely rental
payment if the consumer pays more frequently than monthly;
`(B) if the consumer returns or voluntarily surrenders the property
covered by the agreement, other than through judicial process, during
the applicable reinstatement period set forth in subparagraph (A),
permits the consumer to reinstate the agreement during a period of at
least 60 days after the date of the return or surrender of the
property by the payment of all amounts previously due under the
agreement, any applicable fees, and a payment for the next rental
period;
`(C) if the consumer has paid 50 percent or more of the total cost
necessary to acquire ownership and returns or voluntarily surrenders
the property, other than through judicial process, during the
applicable reinstatement period set forth in subparagraph (A), permits
the consumer to reinstate the agreement during a period of at least
120 days after the date of the return of the property by the payment
of all amounts previously due under the agreement, any applicable
fees, and a payment for the next rental period; and
`(D) permits the consumer, upon reinstatement of the agreement to
receive the same property, if available, that was the subject of the
rental-purchase agreement, or if the same property is not available, a
substitute item of comparable quality and condition may be provided to
the consumer; except that, the Board may, by regulation or order,
exempt any independent small business (as defined by the Board by
regulation) from the requirement of providing the same or comparable
product during the extended reinstatement period provided in
subparagraph (C), if the Board determines, taking into account such
standards as the Board determines to be appropriate, that the
reinstatement right provided in such subparagraph would provide
excessive hardship for such independent small business.
`(5) provide a statement specifying the terms under which the consumer
shall acquire ownership of the property that is the subject of the
rental-purchase agreement either by payment of the total cost to acquire
ownership, as provided in section 1006, or by exercise of any early
purchase option provided in the rental-purchase agreement;
`(6) provide a statement disclosing that if any part of a
manufacturer's express warranty covers the property at the time the
consumer acquires ownership of the property, the warranty will be
transferred to the consumer if allowed by the terms of the warranty; and
`(7) provide, to the extent applicable, a description of any grace
period for making any periodic payment, the amount of any security
deposit, if any, to be paid by the consumer upon initiation of the
rental-purchase agreement, and the terms for refund of such security
deposit to the consumer upon return, surrender or purchase of the
property.
`(b) REPOSSESSION DURING REINSTATEMENT PERIOD- Subsection (a)(4) shall not
be construed so as to prevent a merchant from attempting to repossess property
during the reinstatement period pursuant to subsection (a)(4)(A), but such a
repossession does not affect the consumer's right to reinstate.
`SEC. 1006. RIGHT TO ACQUIRE OWNERSHIP.
`(a) IN GENERAL- The consumer shall acquire ownership of the property that
is the subject of the rental-purchase agreement, and the rental-purchase
agreement shall terminate, upon compliance by the consumer with the
requirements of subsection (b) or any early payment option provided in the
rental purchase agreement, and upon payment of any past due payments and fees,
as permitted in regulation by the Board.
`(b) PAYMENT OF TOTAL COST- The consumer shall acquire ownership of the
rental property upon payment of the total cost of the rental-purchase
agreement, as such term is defined in section 1001(17), and as disclosed to
the consumer in the rental-purchase agreement pursuant to section 1004(a).
`(c) ADDITIONAL FEES PROHIBITED- A merchant shall not require the consumer
to pay, as a condition for acquiring ownership of the property that is the
subject of the rental-purchase agreement, any fee or charge in addition to, or
in excess of, the regular periodic payments required by subsection (b), or any
early purchase option amount provided in the rental-purchase agreement, as
applicable. A requirement that the consumer pay an unpaid late charge or other
fee or charge which the merchant has previously billed to the consumer shall
not constitute an additional fee or charge for purposes of this subsection.
`(d) TRANSFER OF OWNERSHIP RIGHTS- Upon payment by the consumer of all
payments necessary to acquire ownership under subsection (b) or any early
purchase option amount provided in the rental-purchase agreement, as
appropriate, the merchant shall--
`(1) deliver, or mail to the consumer's last known address, such
documents or other instruments, which the Board has determined by
regulation, are necessary to acknowledge full ownership by the consumer of
the property acquired pursuant to the rental-purchase agreement; and
`(2) transfer to the consumer the unexpired portion of any warranties
provided by the manufacturer, distributor, or seller of the property,
which shall apply as if the consumer were the original purchaser of the
property, except where such transfer is prohibited by the terms of the
warranty.
`SEC. 1007. PROHIBITED PROVISIONS.
`A rental-purchase agreement may not contain--
`(1) a confession of judgment;
`(2) a negotiable instrument;
`(3) a security interest or any other claim of a property interest in
any goods, except those goods the use of which is provided by the merchant
pursuant to the agreement;
`(4) a wage assignment;
`(5) a provision requiring the waiver of any legal claim or remedy
created by this title or other provision of Federal or State law;
`(6) a provision requiring the consumer, in the event the property
subject to the rental-purchase agreement is lost, stolen, damaged, or
destroyed, to pay an amount in excess of the least of--
`(A) the fair market value of the property, as determined by the
Board in regulation;
`(B) any early purchase option amount provided in the
rental-purchase agreement; or
`(C) the actual cost of repair, as appropriate;
`(7) a provision authorizing the merchant, or a person acting on behalf
of the merchant, to enter the consumer's dwelling or other premises
without obtaining the consumer's consent or to commit any breach of the
peace in connection with the repossession of the rental property or the
collection of any obligation or alleged obligation of the consumer arising
out of the rental-purchase agreement;
`(8) a provision requiring the purchase of insurance or liability
damage waiver to cover the property that is the subject of the
rental-purchase agreement, except as permitted by the Board in regulation;
`(9) a provision requiring the consumer to pay more than 1 late fee or
charge for an unpaid or delinquent periodic payment, regardless of the
period in which the payment remains unpaid or delinquent, or to pay a late
fee or charge for any periodic payment because a previously assessed late
fee has not been paid in full.
`SEC. 1008. STATEMENT OF ACCOUNTS.
`Upon request of a consumer, a merchant shall provide a statement of the
consumer's account. If a consumer requests a statement for an individual
account more than 4 times in any 12-month period, the merchant may charge a
reasonable fee for the additional statements.
`SEC. 1009. RENEGOTIATIONS AND EXTENSIONS.
`(a) RENEGOTIATIONS- A renegotiation occurs when a rental-purchase
agreement is satisfied and replaced by a new agreement undertaken by the same
consumer. A renegotiation requires new disclosures, except as provided in
subsection (c).
`(b) EXTENSIONS- An extension is an agreement by the consumer and the
merchant, to continue an existing rental-purchase agreement beyond the
original end of the payment schedule, but does not include a continuation that
is the result of a renegotiation.
`(c) EXCEPTIONS- New disclosures are not required for the following, even
if they meet the definition of a renegotiation or an extension:
`(1) A reduction in payments.
`(2) A deferment of 1 or more payments.
`(3) The extension of a rental-purchase agreement.
`(4) The substitution of property with property that has a
substantially equivalent or greater economic value provided the
rental-purchase cost does not increase.
`(5) The deletion of property in a multiple-item agreement.
`(6) A change in rental period provided the rental-purchase cost does
not increase.
`(7) An agreement resulting from a court proceeding.
`(8) Any other event described in regulations prescribed by the Board.
`SEC. 1010. POINT-OF-RENTAL DISCLOSURES.
`(a) IN GENERAL- For any item of property or set of items displayed or
offered for rental-purchase, the merchant shall display on or next to the item
or set of items a card, tag, or label that clearly and conspicuously discloses
the following:
`(1) A brief description of the property.
`(2) Whether the property is new or used.
`(3) The cash price of the property.
`(4) The amount of each rental payment.
`(5) The total number of rental payments necessary to acquire ownership
of the property.
`(6) The rental-purchase cost.
`(b) FORM OF DISCLOSURE-
`(1) IN GENERAL- A merchant may make the disclosure required by
subsection (a) in the form of a list or catalog which is readily available
to the consumer at the point of rental if the merchandise is not displayed
in the merchant's showroom or if displaying a card, tag, or label would be
impractical due to the size of the merchandise.
`(2) CLEARLY AND CONSPICUOUSLY- As used in this section, the term
`clearly and conspicuously' means that information required to be
disclosed to the consumer shall appear in a type size, prominence, and
location as to be noticeable, readable, and comprehensible to an ordinary
consumer.
`SEC. 1011. RENTAL-PURCHASE ADVERTISING.
`(a) IN GENERAL- If an advertisement for a rental-purchase transaction
refers to or states the amount of any payment for any specific item or set of
items, the merchant making the advertisement shall also clearly and
conspicuously state in the advertisement the following for the item, or set of
items, advertised:
`(1) The transaction advertised is a rental-purchase agreement.
`(2) The amount, timing, and total number of rental payments necessary
to acquire ownership under the rental-purchase agreement.
`(3) The amount of the rental-purchase cost.
`(4) To acquire ownership of the property the consumer must pay the
rental-purchase cost plus applicable taxes.
`(5) Whether the stated payment amount and advertised rental-purchase
cost is for new or used property.
`(b) PROHIBITION- An advertisement for a rental-purchase agreement shall
not state or imply that a specific item, or set of items, is available at
specific amounts or terms unless the merchant usually and customarily offers,
or will offer, the item or set of items at the stated amounts or terms.
`(c) CLEARLY AND CONSPICUOUSLY-
`(1) IN GENERAL- For purposes of this section, the term `clearly and
conspicuously' means that required disclosures shall be presented in a
type, size,
shade, contrast, prominence, location, and manner, as applicable to different
mediums for advertising, so as to be readily noticeable and comprehensible to
the ordinary consumer.
`(2) REGULATORY GUIDANCE- The Board shall prescribe regulations on
principles and factors to meet the clear and conspicuous standard as
appropriate to print, video, audio, and computerized advertising,
reflecting the principles and factors typically applied in each medium by
the Federal Trade Commission.
`(3) LIMITATION- Nothing contrary to, inconsistent with, or in
mitigation of, the required disclosures shall be used in any advertisement
in any medium, and no audio, video, or print technique shall be used that
is likely to obscure or detract significantly from the communication of
the disclosures.
`SEC. 1012. CIVIL LIABILITY.
`(a) IN GENERAL- Except as otherwise provided in section 1013, any merchant
who fails to comply with any requirement of this title with respect to any
consumer is liable to such consumer as provided for leases in section 130. For
purposes of this section, the term `creditor' as used in section 130 shall
include a `merchant', as defined in section 1001.
`(b) JURISDICTION OF COURTS; LIMITATION ON ACTIONS-
`(1) IN GENERAL- Notwithstanding section 130(e), any action under this
section may be brought in any United States district court, or in any
other court of competent jurisdiction, before the end of the 1-year period
beginning on the date the last payment was made by the consumer under the
rental-purchase agreement.
`(2) RECOUPMENT OR SET-OFF- This subsection shall not bar a consumer
from asserting a violation of this title in an action to collect an
obligation arising from a rental-purchase agreement, which was brought
after the end of the 1-year period described in paragraph (1) as a matter
of defense by recoupment or set-off in such action, except as otherwise
provided by State law.
`SEC. 1013. ADDITIONAL GROUNDS FOR CIVIL LIABILITY.
`(a) INDIVIDUAL CASES WITH ACTUAL DAMAGES- Any merchant who fails to comply
with any requirements imposed under section 1010 or 1011 with respect to any
consumer who suffers actual damage from the violation shall be liable to such
consumer as provided in section 130.
`(b) PATTERN OR PRACTICE OF VIOLATIONS- If a merchant engages in a pattern
or practice of violating any requirement imposed under section 1010 or 1011,
the Federal Trade Commission or an appropriate State attorney general, in
accordance with section 1016, may initiate an action to enforce sanctions
against the merchant, including--
`(1) an order to cease and desist from such practices; and
`(2) a civil money penalty of such amount as the court may impose,
based on such factors as the court may determine to be appropriate.
`SEC. 1014. LIABILITY OF ASSIGNEES.
`(a) ASSIGNEES INCLUDED- For purposes of section 1013, and this section,
the term `merchant' includes an assignee of a merchant.
`(b) LIABILITIES OF ASSIGNEES-
`(1) APPARENT VIOLATION- An action under section 1012 or 1013 for a
violation of this title may be brought against an assignee only if the
violation is apparent on the face of the rental-purchase agreement to
which it relates.
`(2) APPARENT VIOLATION DEFINED- For purposes of this subsection, a
violation that is apparent on the face of a rental-purchase agreement
includes, but is not limited to, a disclosure that can be determined to be
incomplete or inaccurate from the face of the agreement.
`(3) INVOLUNTARY ASSIGNMENT- An assignee has no liability in a case in
which the assignment is involuntary.
`(4) RULE OF CONSTRUCTION- No provision of this section shall be
construed as limiting or altering the liability under section 1012 or 1013
of a merchant assigning a rental-purchase agreement.
`(b) PROOF OF DISCLOSURE- In an action by or against an assignee, the
consumer's written acknowledgment of receipt of a disclosure, made as part of
the rental-purchase agreement, shall be conclusive proof that the disclosure
was made, if the assignee had no knowledge that the disclosure had not been
made when the assignee acquired the rental-purchase agreement to which it
relates.
`SEC. 1015. REGULATIONS.
`(a) IN GENERAL- The Board shall prescribe regulations as necessary to
carry out the purposes of this title, to prevent its circumvention, and to
facilitate compliance with its requirements.
`(b) MODEL DISCLOSURE FORMS- The Board may publish model disclosure forms
and clauses for common rental-purchase agreements to facilitate compliance
with the disclosure requirements of this title and to aid the consumer in
understanding the transaction by utilizing readily understandable language to
simplify the technical nature of the disclosures. In devising such forms, the
Board shall consider the use by merchants of data processing or similar
automated equipment. Nothing in this title may be construed to require a
merchant to use any such model form or clause prescribed by the Board under
this section. A merchant shall be deemed to be in compliance with the
requirement to provide disclosure under section 1003(a) if the merchant--
`(1) uses any appropriate model form or clause as published by the
Board; or
`(2) uses any such model form or clause and changes it by--
`(A) deleting any information which is not required by this title;
or
`(B) rearranging the format, if in making such deletion or
rearranging the format, the merchant does not affect the substance,
clarity, or meaningful sequence of the disclosure.
`(c) EFFECTIVE DATE OF REGULATIONS- Any regulation prescribed by the Board,
or any amendment or interpretation thereof, shall not be effective before the
October 1 that follows the date of publication of the regulation in final form
by at least 6 months. The Board may at its discretion lengthen that period of
time to permit merchants to adjust to accommodate new requirements. The
Board may also shorten that period of time, notwithstanding the first
sentence, if it makes a specific finding that such action is necessary to comply
with the findings of a court or to prevent unfair or deceptive practices. In any
case, merchants may comply with any newly prescribed disclosure requirement
prior to its effective date.
`SEC. 1016. ENFORCEMENT.
`(a) FEDERAL ENFORCEMENT- Compliance with the requirements imposed under
this title shall be enforced under the Federal Trade Commission Act (15 U.S.C.
41 et seq.), and a violation of any requirements imposed under this title
shall be deemed a violation of a requirement imposed under that Act. All of
the functions and powers of the Federal Trade Commission under the Federal
Trade Commission Act are available to the Commission to enforce compliance by
any person with the requirements of this title, irrespective of whether that
person is engaged in commerce or meets any other jurisdictional test in the
Federal Trade Commission Act.
`(b) STATE ENFORCEMENT-
`(1) IN GENERAL- An action to enforce the requirements imposed by this
title may also be brought by the appropriate State attorney general in any
appropriate United States district court, or any other court of competent
jurisdiction.
`(2) PRIOR WRITTEN NOTICE-
`(A) IN GENERAL- The State attorney general shall provide prior
written notice of any such civil action to the Federal Trade
Commission and shall provide the Commission with a copy of the
complaint.
`(B) EMERGENCY ACTION- If prior notice is not feasible, the State
attorney general shall provide notice to the Commission immediately
upon instituting the action.
`(3) FTC INTERVENTION- The Commission may--
`(A) intervene in the action;
`(B) upon intervening--
`(i) remove the action to the appropriate United States
district court, if it was not originally brought there; and
`(ii) be heard on all matters arising in the action; and
`(C) file a petition for appeal.
`SEC. 1017. CRIMINAL LIABILITY FOR WILLFUL AND KNOWING VIOLATION.
`Whoever willfully and knowingly gives false or inaccurate information or
fails to provide information which he is required to disclose under the
provisions of this title or any regulation issued thereunder shall be subject
to the penalty provisions as provided in section 112.
`SEC. 1018. RELATION TO OTHER LAWS.
`(a) RELATION TO STATE LAW-
`(1) NO EFFECT ON CONSISTENT STATE LAWS- Except as otherwise provided
in subsection (b), this title does not annul, alter, or affect in any
manner the meaning, scope or applicability of the laws of any State
relating to rental-purchase agreements, except to the extent those laws
are inconsistent with any provision of this title, and then only to the
extent of the inconsistency.
`(2) DETERMINATION OF INCONSISTENCY- Upon its own motion or upon the
request of an interested party, which is submitted in accordance with
procedures prescribed in regulations of the Board, the Board shall
determine whether any such inconsistency exists. If the Board determines
that a term or provision of a State law is inconsistent, merchants located
in that State need not follow such term or provision and shall incur no
liability under the law of that
State for failure to follow such term or provision, notwithstanding that such
determination is subsequently amended, rescinded, or determined by judicial or
other authority to be invalid for any reason.
`(3) GREATER PROTECTION UNDER STATE LAW- Except as provided in
subsection (b), for purposes of this section, a term or provision of a
State law is not inconsistent with the provisions of this title if the
term or provision affords greater protection and benefit to the consumer
than the protection and benefit provided under this title as determined by
the Board, on its own motion or upon the petition of any interested party.
`(b) STATE LAWS RELATING TO CHARACTERIZATION OF TRANSACTION-
Notwithstanding the provisions of subsection (a), this title shall supersede
any State law to the extent that such law--
`(1) regulates a rental-purchase agreement as a security interest,
credit sale, retail installment sale, conditional sale or any other form
of consumer credit, or that imputes to a rental-purchase agreement the
creation of a debt or extension of credit, or
`(2) requires the disclosure of a percentage rate calculation,
including a time-price differential, an annual percentage rate, or an
effective annual percentage rate.
`(c) RELATION TO FEDERAL TRADE COMMISSION ACT- No provision of this title
shall be construed as limiting, superseding, or otherwise affecting the
applicability of the Federal Trade Commission Act to any merchant or
rental-purchase transaction.
`SEC. 1019. EFFECT ON GOVERNMENT AGENCIES.
`No civil liability or criminal penalty under this title may be imposed on
the United States or any of its departments or agencies, any State or
political subdivision, or any agency of a State or political subdivision.
`SEC. 1020. COMPLIANCE DATE.
`Compliance with this title shall not be required until 6 months after the
date of the enactment of the Consumer Rental Purchase Agreement Act. In any
case, merchants may comply with this title at any time after such date of
enactment.'.
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