The creditor shall identify credit transactions on or with the first periodic statement that reflects the transaction by furnishing the following information, as applicable.
16
16 [Reserved]
(a) Sale credit. (1) Except as provided in paragraph (a)(2) of this section, for each credit transaction involving the sale of property or services, the creditor must disclose the amount and date of the transaction, and either:
(i) A brief identification
17 of the property or services purchased, for creditors and sellers that are the same or related;
18 or
17 [Reserved]
18 [Reserved]
(ii) The seller's name; and the city and state or foreign country where the transaction took place.
19 The creditor may omit the address or provide any suitable designation that helps the consumer to identify the transaction when the transaction took place at a location that is not fixed; took place in the consumer's home; or was a mail, Internet, or telephone order.
19 [Reserved]
(2) Creditors need not comply with paragraph (a)(1) of this section if an actual copy of the receipt or other credit document is provided with the first periodic statement reflecting the transaction, and the amount of the transaction and either the date of the transaction to the consumer's account or the date of debiting the transaction are disclosed on the copy or on the periodic statement.
(b) Nonsale credit. For each credit transaction not involving the sale of property or services, the creditor must disclose a brief identification of the transaction;
20 the amount of the transaction; and at least one of the following dates: The date of the transaction, the date the transaction was debited to the consumer's account, or, if the consumer signed the credit document, the date appearing on the document. If an actual copy of the receipt or other credit document is provided and that copy shows the amount and at least one of the specified dates, the brief identification may be omitted.
20 [Reserved]
(c) Alternative creditor procedures; consumer inquiries for clarification or documentation. The following procedures apply to creditors that treat an inquiry for clarification or documentation as a notice of a billing error, including correcting the account in accordance with § 226.13(e):
(1) Failure to disclose the information required by paragraphs (a) and (b) of this section is not a failure to comply with the regulation, provided that the creditor also maintains procedures reasonably designed to obtain and provide the information. This applies to transactions that take place outside a state, as defined in § 226.2(a)(26), whether or not the creditor maintains procedures reasonably adapted to obtain the required information.
(2) As an alternative to the brief identification for sale or nonsale credit, the creditor may disclose a number or symbol that also appears on the receipt or other credit document given to the consumer, if the number or symbol reasonably identifies that transaction with that creditor.
[75 FR 7806, Feb. 22, 2010]
Notes of Decisions
Ford Motor Credit Co. v. Milhollin, 444 U.S. 555 (1980).
· cites it 15× “See 12 CFR § 226.8 (b) (7) (1979). Implicit in the conclusion of the Court of Appealsand explicit in its preceding St.”
Anderson Bros. Ford v. Valencia, 452 U.S. 205 (1981).
· cites it 10× “" 12 CFR § 226.8 (b) (5) (1980). Respondents sought statutory damages, attorney's fees, and costs.”
Melvin McGowan v. King, Inc., 569 F.2d 845 (5th Cir. 1978).
· cites it 8× “§ 226-8 (c)(4); (2) it failed to disclose and use the term “unpaid balance” as required by 12 C.F.R. § 226.8 (c)(5); and (3) it used a confusing “Rebate for Payment in Full” paragraph.”
Vines v. Hodges, 422 F. Supp. 1292 (D.D.C. 1976).
· cites it 15× “§ 1638 and 12 C.F.R. § 226.8 (a), (b) and (c). Defendants admit, and the record reflects, that they violated those requirements in the following respects: (1) not all required disclosures were made prior to consummation of the contract; 11 (2) not all required disclosures were…”
Shirley M. Pridegon v. Gates Credit Union, 683 F.2d 182 (7th Cir. 1982).
· cites it 8× “Because of this ambiguity and because the presence or absence of a signature on the reverse side of the document is a technicality which does little to accomplish the purposes of the Truth in Lending Act, this Court liberally construes 12 CFR § 226.8 (a) and Interpretation § 226.”
Gillard v. Aetna Fin. Co., Inc., 414 F. Supp. 737 (E.D. La. 1976).
· cites it 9× “The Fourth Circuit disagreed with this portion of the lower court’s decision, however, and stated that the itemization rule of 12 C.F.R. § 226.8 (d)(1) probably required the separate disclosure of the cost of health and accident insurance.”
Mildred Ives v. W. T. Grant Co., 522 F.2d 749 (2d Cir. 1975).
· cites it 7× “12 C.F.R. § 226.8 (c)(5), 14 and held that this constituted a violation of the Act.”
Tarplain v. Baker Ford, Inc., 466 F. Supp. 1340 (D.R.I. 1979).
· cites it 10× “(Truth-in-Lending Act) and regulations of the Federal Reserve Board issued thereunder, Regulation Z, 12 C.F.R. § 226.8 , were violated by a credit sale contract furnished by the defendant and signed by the plaintiffs.”
King v. Cent. Bank, 558 P.2d 857 (Cal. 1977).
· cites it 4× “In particular, it is alleged that the contract between the parties failed to specify the "cash price," "unpaid balance of cash price," or "deferred payment price," as those terms are used in the federal regulations (see 12 C.F.R. § 226.8 (c)), and that the contract failed to set…”
James L. Martin v. Com. Sec. Co., Inc., 539 F.2d 521 (5th Cir. 1976).
· cites it 5× “-8(b)(4), 12 C.F.R. § 226.8 (b)(4). These issues were submitted to the court on cross motions for summary judgment.”
— 12 C.F.R. § 226.8(1) — 1 case
— 12 C.F.R. § 226.8(2) — 1 case
— 12 C.F.R. § 226.8(a) — 16 cases
— 12 C.F.R. § 226.8(a)(1) — 1 case
— 12 C.F.R. § 226.8(a)(5) — 1 case
— 12 C.F.R. § 226.8(a)(i) — 1 case
— 12 C.F.R. § 226.8(b) — 3 cases
— 12 C.F.R. § 226.8(b)(2) — 1 case
— 12 C.F.R. § 226.8(b)(3) — 2 cases
— 12 C.F.R. § 226.8(b)(4) — 8 cases
— 12 C.F.R. § 226.8(b)(5) — 15 cases
— 12 C.F.R. § 226.8(b)(6) — 3 cases
— 12 C.F.R. § 226.8(b)(7) — 6 cases
— 12 C.F.R. § 226.8(c) — 3 cases
— 12 C.F.R. § 226.8(c)(4) — 1 case
— 12 C.F.R. § 226.8(c)(8) — 1 case
— 12 C.F.R. § 226.8(c)(8)(i) — 3 cases
John Boncyk v. Cavanaugh Motors, a P'ship, & Bank of Am., a Corp., Cavanaugh Motors, Sherry Hughes v. Walt Martin Motors, Inc., & Bank of Am., a Corp., Walt Martin Motors, Inc., John Boncyk v. Cavanaugh Motors, a P'ship, & Bank of Am., a Corp., Bank of Am., a Corp., Sherry Hughes v. Walt Martin Motors, Inc., & Bank of Am., a Corp., Bank of Am., a Corp., John Boncyk v. Cavanaugh Motors, a P'ship, & Bank of Am., a Corp., Sherry Hughes v. Walt Martin Motors, Inc., & Bank of Am., a Corp., 673 F.2d 256 (9th Cir. 1982).
— 12 C.F.R. § 226.8(d) — 3 cases
— 12 C.F.R. § 226.8(d)(1) — 2 cases
— 12 C.F.R. § 226.8(d)(3) — 4 cases
— 12 C.F.R. § 226.8(j) — 6 cases
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