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1999 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 6.1-330.77 of the Code of Virginia is amended and reenacted as follows:
§ 6.1-330.77. Charges by sellers of goods or services; certain premiums not construed as additional charges; penalty for violations of section.
A. Any seller of goods or services who extends credit under a closed-end
installment credit plan or arrangement may impose finance charges at such rate
or rates as may be agreed upon by the seller and the purchaser. Deferrals and
extensions of the time for payment, if allowed by the seller or his assignee,
may be subject to a finance charge, if agreed to in the original contract or at
the time of the renewal or extension. No additional finance charge shall be
made for the extension of credit under such a plan or arrangement. If the
total finance charge on the transaction is precomputed according to the
actuarial method, the finance charge shall be calculated on the assumption that
all scheduled payments will be made when due. The balance on which such finance
charge may be imposed may include the deferred portion of the sales price and,
costs and charges incidental to the transaction, including any insurance premium financed in
connection therewith, and the amount actually paid or to be paid by the seller
to discharge a security interest or lien on the property traded in. The payment by
a lessor to discharge a security interest or lien on the property traded in may
be included in the gross capitalized cost of the goods leased and, for purposes
of this chapter and Chapter 6 (§ 55-106 et seq.) of Title 55, shall not
constitute a loan. The debtor shall have the right to prepay in full on
precomputed transactions and receive a rebate of unearned finance charge determined
in accordance with the Rule of 78, as illustrated in § 6.1-330.86, or other
method elected by the seller under which the finance charge imposed does not
exceed the amount that results from application of the Rule of 78 on extensions
of credit with an initial maturity of sixty-one months or less. On extensions
of credit with an initial maturity of more than sixty-one months, the debtor
shall receive a rebate computed under a method at least as favorable to the
debtor as the actuarial method. The seller may also condition such rebate upon
receiving a minimum of twenty-five dollars in finance charges. This amount, to
the extent not earned, may be withheld from the rebate required hereunder. A
late charge pursuant to § 6.1-330.80 may be imposed.
B. Premiums for credit life insurance and credit accident and health insurance
purchased by the debtor are not to be construed as an additional charge for the
extension of credit if such insurance coverage is purchased voluntarily by the
debtor. Premiums for property insurance on the goods purchased or leased,
including vendor’s single interest insurance on such goods, are not to be
construed as additional charges for the extension of credit unless the seller
requires the purchase of such insurance from or through the seller, provided
that a clear and conspicuous statement in writing is furnished by the seller or lessor to
the buyer or lessee setting forth the cost of the insurance if obtained from or through
the seller or lessor and stating that the buyer or lessee may choose the person
through which the insurance is to be obtained.