Truth in Lending Act

This advisory opinion affirms the current applicability of consumer protections and creditor obligations under the Truth in Lending Act (TILA) and its implementing Regulation Z to transactions in which a consumer purchases a home under a ‘‘contract for deed.’’ When a creditor sells a home to a buyer under a contract for deed, that transaction will generally meet TILA and Regulation Z’s definition of credit. Where the transaction is secured by the buyer’s dwelling, the buyer will also generally be entitled to the protections associated with residential mortgage loans under TILA.

The Consumer Financial Protection Bureau (CFPB) is issuing this advisory opinion to rescind an advisory opinion it issued in November 2020 that described how one particular type of ‘‘earned wage’’ product does not involve the offering or extension of ‘‘credit’’ as that term is defined in the Truth in Lending Act and Regulation Z.

The Consumer Financial Protection Bureau (CFPB) is issuing this interpretive rule to address the applicability of subpart B of Regulation Z to lenders that issue digital user accounts used to access credit, including to those lenders that market loans as ‘‘Buy Now, Pay Later’’ (BNPL). This interpretive rule describes how these lenders meet the criteria for being ‘‘card issuers’’ for purposes of Regulation Z. Such lenders that extend credit are also ‘‘creditors’’ subject to subpart B of Regulation Z, including those provisions governing periodic statements and billing disputes.

Problems with loan originator compensation.

The LIBOR is a benchmark index, also known as a reference rate, that is commonly used in millions of adjustable rate mortgages, home equity lines of credit (HELOCs), and student loans. Although it is still widely used, the index will no longer be available in its current form after June 30, 2023 and will cease to exist entirely on September 30, 2024. That means creditors and servicers will need to find and implement a replacement index for every contract still using the LIBOR at that time. This change should not require consumers to take any action.

This subsection was last reprinted in NCLC's Truth in Lending (10th ed. 2019 with digital updates).  It is now archived here.

It relates to closed-end mortgages secured by a dwelling.

This subsection was last reprinted in NCLC's Truth in Lending (10th ed. 2019 with digital updates).  It is now archived here.

It relates to closed-end mortgages secured by a dwelling.

This subsection last appeared in NCLC's Truth in Lending (10th ed. 2019 with digital updates).  It is now archived here.

This is a 2010 article describing a Mintel Comperemedia study of the effect of the enactment of the Credit Card Accountability, Responsibility and Disclosure Act of 2009 (CARD Act).  The study found the Act has not produced the expected negative results in terms of less-appealing credit card offers.

This is a Money Advisory 2012 magazine article discussing some retailers’ attempts to limit consumer rights under the Fair Credit Billing Act when consumers dispute with their credit card issuer charges assessed by the retailer.  For example, retailers may require the consumer to dispute the charge initially or even only with the retailer, and not seek a chargeback from the card issuer.