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2018 SESSION

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HB 1596 Virginia Consumer Protection Act; open-end credit plans.

Introduced by: Mark L. Keam | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Open-end credit plans. Prohibits a person licensed as a motor vehicle title lender from extending credit under an open-end credit plan. The measure requires any person engaging in the business of extending credit under an open-end credit plan to obtain a license from the State Corporation Commission and establishes licensure requirements and procedures. The measure prohibits a person extending credit under an open-end credit plan from (i) obtaining or accepting from a borrower an authorization to electronically debit the borrower's deposit account; (ii) failing to comply with certain restrictions and prohibitions applicable to debt collectors contained in the federal Fair Debt Collection Practices Act; (iii) making a loan to a borrower if the loan or extension would cause the borrower to have more than one loan under an open-end credit plan outstanding at the same time; and (iv) filing a legal proceeding against a borrower until 60 days after the date of default on an open-end credit plan, during which period the person and the borrower may voluntarily enter into a repayment arrangement. The measure makes these requirements applicable to any person that makes such an extension of credit over the Internet to Virginia residents or any individuals in Virginia. The measure makes violating requirements applicable to extending credit under an open-end credit plan a prohibited practice under the Virginia Consumer Protection Act.


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