12 C.F.R. § 213.2

Definitions

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For the purposes of this part the following definitions apply:

(a) Act means the Truth in Lending Act (15 U.S.C. 1601 et seq.) and the Consumer Leasing Act is chapter 5 of the Truth in Lending Act.

(b) Advertisement means a commercial message in any medium that directly or indirectly promotes a consumer lease transaction.

(d) Closed-end lease means a consumer lease other than an open-end lease as defined in this section.

(e)(1) Consumer lease means a contract in the form of a bailment or lease for the use of personal property by a natural person primarily for personal, family, or household purposes, for a period exceeding four months and for a total contractual obligation not exceeding the applicable threshold amount, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease. The threshold amount is adjusted annually to reflect increases in the Consumer Price Index for Urban Wage Earners and Clerical Workers, as applicable. See the official staff commentary to this paragraph (e) for the threshold amount applicable to a specific consumer lease. Unless the context indicates otherwise, in this part “lease” means “consumer lease.”

(2) The term does not include a lease that meets the definition of a credit sale in Regulation Z (12 CFR 226.2(a)). It also does not include a lease for agricultural, business, or commercial purposes or a lease made to an organization.

(3) This part does not apply to a lease transaction of personal property which is incident to the lease of real property and which provides that:

(i) The lessee has no liability for the value of the personal property at the end of the lease term except for abnormal wear and tear; and

(ii) The lessee has no option to purchase the leased property.

(f) Gross capitalized cost means the amount agreed upon by the lessor and the lessee as the value of the leased property and any items that are capitalized or amortized during the lease term, including but not limited to taxes, insurance, service agreements, and any outstanding prior credit or lease balance. Capitalized cost reduction means the total amount of any rebate, cash payment, net trade-in allowance, and noncash credit that reduces the gross capitalized cost. The adjusted capitalized cost equals the gross capitalized cost less the capitalized cost reduction, and is the amount used by the lessor in calculating the base periodic payment.

(g) Lessee means a natural person who enters into or is offered a consumer lease.

(h) Lessor means a person who regularly leases, offers to lease, or arranges for the lease of personal property under a consumer lease. A person who has leased, offered, or arranged to lease personal property more than five times in the preceding calendar year or more than five times in the current calendar year is subject to the act and this part.

(i) Open-end lease means a consumer lease in which the lessee's liability at the end of the lease term is based on the difference between the residual value of the leased property and its realized value.

(j) Organization means a corporation, trust, estate, partnership, cooperative, association, or government entity or instrumentality.

(k) Person means a natural person or an organization.

(l) Personal property means any property that is not real property under the law of the state where the property is located at the time it is offered or made available for lease.

(m) Realized value means:

(1) The price received by the lessor for the leased property at disposition;

(2) The highest offer for disposition of the leased property; or

(3) The fair market value of the leased property at the end of the lease term.

(n) Residual value means the value of the leased property at the end of the lease term, as estimated or assigned at consummation by the lessor, used in calculating the base periodic payment.

(o) Security interest and security mean any interest in property that secures the payment or performance of an obligation.

(p) State means any state, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

[Reg. M, 61 FR 52258, Oct. 7, 1996, as amended at 62 FR 15367, Apr. 1, 1997; 76 FR 18353, Apr. 4, 2011]

Notes of Decisions

Cited in 22 cases, 1988–2018 · leading case: Torres v. Banc One Leasing Corp., 226 F. Supp. 2d 1345 (N.D. Ga. 2002).

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Torres v. Banc One Leasing Corp., 226 F. Supp. 2d 1345 (N.D. Ga. 2002). · cites it 5× “12 C.F.R. § 213.2 (1). The risk is on the lessee because, if there is a deficit between a higher residual and a lower realized value, the lessee must then pay this difference to the lessor.”

Landry Dixon v. Toyota Motor Credit Corp., 794 F.3d 507 (5th Cir. 2015). “; see also 12 C.F.R. § 213.2 (e)(l)-(2). The CLA extended the Truth in Lending Act (“TILA”), which similarly applies only to applications for consumer credit.”

Jenkins v. Mercantile Mortg. Co., 231 F. Supp. 2d 737 (N.D. Ill. 2002). “) (citing the Consumer Lending Act’s Regulation M, 12 C.F.R. § 213.2 Official Staff Commentary § 2(h)(3)).”

Cox v. Porsche Fin. Servs., Inc., 342 F. Supp. 3d 1271 (S.D. Fla. 2018). · cites it 2× “" 12 C.F.R. § 213.2 (h). The TILA limits the liability of an assignee of a lessor to violations that are "apparent on the face of the disclosure statement.”

Silva v. Rent-A-Ctr., Inc., 454 Mass. 667 (Mass. 2009). · cites it 2× “The Federal statute begins where the Massachusetts statute ends: it applies only to consumer leases having a term of more than four months, see 12 C.F.R. § 213.2 (e)(1) (2009) (Regulation M), while the Massachusetts statute applies to those with a term of four months or less.”

Dwyer v. Barco Auto Leasing Corp., 903 F. Supp. 205 (D. Mass. 1995). · cites it 5× “See 12 C.F.R. § 213.2 (a)(4) (1995). First, although the dealers did not receive a separate fee designated as such from Barco in exchange for the so called “referrals” of Barlow and Dwyer, it is reasonable to infer that the price paid by Barco to the dealers reflected or…”

Mosiman v. BMW Fin. Servs. NA, Inc., 748 N.E.2d 313 (Ill. App. Ct. 2001). “12 C.F.R. § 213.2 (f) (2000). BMW included the use tax within the gross capitalized cost listed on Mosiman’s lease at fine 11A.”

Keeling v. Ford Motor Credit Co., 550 A.2d 932 (Md. 1988). · cites it 2× “" 12 C.F.R. § 213.2 (a)(6) (1988). Under Regulation M the consumer lease must disclose "[t]he number, amount, and due dates or periods of payments scheduled under the lease and the total amount of such periodic payments.”

Wiskup v. Liberty Buick Co., Inc., 953 F. Supp. 958 (N.D. Ill. 1997). “” Second, 12 C.F.R. § 213.2 (b)(2) holds: “A transaction shall be considered consummated at the time a contractual relationship is created between the lessor and lessee, irrespective of the time of performance of either party.”

Kennedy v. BMW Fin. Servs., N.A., 363 F. Supp. 2d 110 (D. Conn. 2005). · cites it 3× “See 12 C.F.R. § 213.2 (h), Supp. I. That language implies both that is not mandatory for substantially involved assignees to be treated as such, and that *117 assignees less involved in lease arrangements should not be considered lessors.”

Leonard Applebaum v. Nissan Motor Acceptance Corp. Reitenbaugh Enter., Inc, 226 F.3d 214 (3rd Cir. 2000). “Similarly, the term is now defined by 12 C.F.R. § 213.2 (n) (2000) as “the value of the leased property at the end of the lease term, as estimated or assigned at consummation by the lessor, used in calculating the base periodic payment.”

Gaydos v. Huntington Nat'l Bank, 941 F. Supp. 669 (N.D. Ohio 1996). “” 12 C.F.R. § 213.2 (b)(2). Taken together, these three provisions demonstrate that the security deposit collected from plaintiffs need be disclosed only once, as an “initial payment” at the time the lease was consummated (ie.”

Show all 22 citing cases →

— 12 C.F.R. § 213.2(a)(4)(l) — 1 case

Dwyer v. Barco Auto Leasing Corp., 903 F. Supp. 205 (D. Mass. 1995). “See 12 C.F.R. § 213.2 (a)(4) (1995). First, although the dealers did not receive a separate fee designated as such from Barco in exchange for the so called “referrals” of Barlow and Dwyer, it is reasonable to infer that the price paid by Barco to the dealers reflected or…”

— 12 C.F.R. § 213.2(a)(6) — 2 cases

Pettola v. Nissan Motor Acceptance Corp., 44 F. Supp. 2d 442 (D. Conn. 1999).

Cent. Rents, Inc. v. Johnson (In Re Johnson), 203 B.R. 498 (Bankr. S.D. Ga. 1996).

— 12 C.F.R. § 213.2(h) — 1 case

Kennedy v. BMW Fin. Servs., N.A., 363 F. Supp. 2d 110 (D. Conn. 2005). “See 12 C.F.R. § 213.2 (h), Supp. I. That language implies both that is not mandatory for substantially involved assignees to be treated as such, and that *117 assignees less involved in lease arrangements should not be considered lessors.”

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