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1.1.4 Treatise’s Organization and Appendices

Consumer Credit Regulation’s chapters are divided into two parts. Part I (Chapters 1–7) includes topics of general application to the regulation of consumer credit. Chapter 1 provides background information, including how to use this treatise, the history of consumer credit regulation, why regulate consumer credit, and general information about different types of creditors and credit.

Chapter 2, infra, surveys federal and state laws that limit the terms of consumer credit. Chapter 3, infra, analyzes federal preemption of state law, federal and state standards as to which state’s law applies to a credit transaction, which credit statute in a state applies, and whether an amendment to a credit statute should be applied retroactively.

Chapter 4, infra, covers general concepts as to interest, points, fees and delinquency charges, including what is interest, hidden interest, third-party charges, document preparation fees, and late fees. Chapter 5, infra, develops credit math concepts, particularly calculation of interest and rebates.

Chapter 6, infra, analyzes credit insurance and non-insurance products that serve essentially the same purposes as credit insurance. Chapter 7, infra, deals with litigation about substantive credit restrictions, including construction of state usury statutes, right to a jury trial, arbitration requirements, elements of a prima facie usury case, and usury claims in deregulated states. The chapter also covers creditor defenses, consumer remedies, and jurisdiction.

Each of the chapters in Part II (Chapters 8–15, infra) focuses on a particular form of non-mortgage lending found in the marketplace today. Chapter 8, infra, covers credit cards, Chapter 9, infra, payday lending, and Chapter 10, infra, analyzes state laws governing installment lending and open-end credit offered by non-banks that does not involve the sale of goods or services. Chapter 11, infra, focuses on retail installment sales, automobile finance, and manufactured home credit-sales. Chapter 12, infra, addresses auto title loans, and Chapter 13, infra, considers rent-to-own transactions. Chapter 14, infra, examines upfront payments in return for assignment or sale of such future income streams as military pensions, structured litigation settlements, and potential litigation recoveries. Finally, Chapter 15, infra, covers refund anticipation loans and other tax refund lending schemes.

Appendix A, infra, sets out federal statutes and regulations that substantively limit consumer credit. Appendix B, infra, provides citations for the state credit statutes found in each of the fifty states, while Appendix C, infra, is a state-by-state analysis of retail installment sales acts. Appendix D, infra, summarizes state installment loan laws and Appendix E, infra, summarizes open-end credit laws.

Appendix F, infra, provides federal statutes, regulations, and agency interpretations concerning depository institutions’ right to export their home state interest rates. Appendix G, infra, sets out federal statutes, regulations, and agency interpretations concerning preemption of the application of state law to national banks and federal savings associations. Appendix H, infra, provides materials concerning federal preemption of state interest rate caps on manufactured home loans. Appendix I, infra, reprints federal material concerning regulation of federal credit union loans.