Section 5-19-16 – Refusal by Court to Enforce Unconscionable Agreement.
Section 5-19-16 Refusal by court to enforce unconscionable agreement. With respect to a consumer credit transaction, if the court as a matter of law finds the contract or any provision of the contract to have been unconscionable at the time it was made, the court may refuse to enforce the contract, or it may enforce […]
Section 5-19-17 – Inducing Obligation on More Than One Contract in Order to Obtain Higher Finance Charge Prohibited; Consolidation of Existing Precomputed Consumer Credit Transaction Contract and Subsequent Precomputed Consumer Credit Transaction.
Section 5-19-17 Inducing obligation on more than one contract in order to obtain higher finance charge prohibited; consolidation of existing precomputed consumer credit transaction contract and subsequent precomputed consumer credit transaction. (a) No creditor shall induce or permit any person or any husband and wife, jointly or severally, to become obligated directly or contingently, or […]
Section 5-19-1 – Definitions.
Section 5-19-1 Definitions. For the purposes of this chapter, the following terms shall have the following meanings respectively ascribed to them by this section: (1) FINANCE CHARGE. The sum of all charges, payable directly or indirectly by the person to whom credit is extended, and imposed directly or indirectly by the creditor as an incident […]
Section 5-19-18 – Installment Payment of Debt of One Thousand Dollars or Less.
Section 5-19-18 Installment payment of debt of one thousand dollars or less. With respect to consumer credit transactions, where the debt is payable in installments, not made pursuant to an open-end credit plan and in which the original amount financed is one thousand dollars ($1,000) or less, the debt shall be scheduled to be payable […]
Section 5-19-1.1 – Legislative Findings.
Section 5-19-1.1 Legislative findings. The Legislature finds as fact and determines that: (1) The Alabama Consumer Credit Act, Title 5, Chapter 19, (commonly referred to as the “Mini-Code”), was enacted by the Legislature by Acts 1971, No. 2052, page 3290. All, or a portion, of the provisions of the Mini-Code apply to substantially all consumer […]
Section 5-19-19 – Liabilities of Creditor Making Excess Finance Charge; Failure to Obtain License; Damages for Deliberate Violation or Reckless Disregard; Written Notice of Violations; Oral Statements Not Admissible; Fiduciary Duty Not Created.
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license; damages for deliberate violation or reckless disregard; written notice of violations; oral statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance charge in excess of the amount authorized herein, except as specified in subdivision (2), shall forfeit debtor’s […]
Section 5-19-3 – Maximum Finance Charges; Contracting for Minimum Finance Charge; Alternate per Month Computed Finance Charge.
Section 5-19-3 Maximum finance charges; contracting for minimum finance charge; alternate per month computed finance charge. (a) Except under open-end credit plans, the maximum finance charge for any credit transaction where the original amount financed is less than two thousand dollars ($2,000), may equal but may not exceed the total of the following: (1) Fifteen […]
Section 5-19-20 – Insurance.
Section 5-19-20 Insurance. (a) With respect to any consumer credit transaction, the creditor shall not require any insurance other than insurance against loss of or damage to any property in which the creditor is given a security interest and insurance insuring the lien of the creditor on the property which is collateral for the transaction. […]
Section 5-19-4 – Additional Charges for Default or Deferral; Prepayment; Renewal or Refinancing; Real Property Transactions.
Section 5-19-4 Additional charges for default or deferral; prepayment; renewal or refinancing; real property transactions. (a) When a scheduled payment in a consumer credit transaction is in default 10 days or more, the creditor may charge and collect a late charge not exceeding the greater of eighteen dollars ($18) or five percent of the amount […]
Section 5-19-21 – Administrator Authorized to Make Rules and Regulations; Filing Notice of Intended Action With Legislative Reference Service; Transactions Entered Into After May 20, 1996.
Section 5-19-21 Administrator authorized to make rules and regulations; filing notice of intended action with Legislative Reference Service; transactions entered into after May 20, 1996. (a) The administrator is authorized and empowered to promulgate rules and regulations and official interpretations (collectively “regulations”) as may be necessary or appropriate for the execution and enforcement of this […]