5-19-1
this chapter and the meaning and application of "finance charge" under the above-referenced
Federal Truth-in-Lending Act, regulations and Official Staff Commentary, as the same may be
amended from time to time. (2) CONSUMER.When used as an adjective with reference to a credit
transaction, characterizes the credit transaction as one in which the party to whom credit
is extended is a natural person and the money, property, or services which are the subject
of the transaction are primarily for personal, family or household purposes. (3) CREDITOR.
A person who regularly extends or arranges for the extension of credit for which the payment
of a finance charge is required, whether in connection with loans, sales of property or services,
or otherwise. The provisions of this chapter apply to any such creditor irrespective of the
creditor's status as a natural person or any type of organization. A person is a creditor
only if the person extended or arranged for the extension of credit more than...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-1.htm - 5K - Match Info - Similar pages

5-19-4
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 of the scheduled payment
in default, not to exceed one hundred dollars ($100). The late charge may be collected only
once on any scheduled payment, regardless of the period during which the scheduled payment
remains in default. (b) With respect to the deferral of one or more wholly unpaid scheduled
payments in a consumer credit transaction, in which the finance charge was determined by the
precomputed method, the creditor may collect, by agreement with the debtor either before or
after default, an additional charge for each full month that any wholly unpaid scheduled payments
are outstanding after the due date of each scheduled payment equal to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-4.htm - 6K - Match Info - Similar pages

5-19-20
is required by the creditor, is not furnished by the debtor, and is purchased by the creditor,
then upon renewal, refinancing, or payment of the debt before the final maturity date, the
creditor shall refund or credit the debtor with that portion of the premium refunded by the
insurance carrier upon the termination of the insurance. (g) A creditor may not contract for
or receive a separate charge for insurance against loss of or damage to property or against
liability for property damage or personal injuries unless the original amount financed
exclusive of the charges for insurance is three hundred dollars ($300) or more and the value
of the property is three hundred dollars ($300) or more. (h) In no event shall the creditor
have any responsibility or liability for the failure to purchase any insurance permitted by
this section unless the creditor has affirmatively undertaken in writing to purchase the insurance.
(i) A creditor may offer and finance any other insurance in connection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-20.htm - 5K - Match Info - Similar pages

5-19-6
Section 5-19-6 Copies of instruments signed by debtors to be furnished to debtors; required
statement in contracts, etc.; limitation on disclosure requirements; intent, applicability
of limitation. (a) Any creditor, when extending credit with respect to a consumer credit transaction,
other than under an open-end credit plan, shall at that time furnish to the debtor a copy
of each instrument executed by the debtor in connection with the consumer credit transaction.
The consumer credit transaction contract or note shall contain the following statement in
eight point or larger type immediately above the space for the borrower's signature. "CAUTION
- IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT." (b) No disclosures
are required by this chapter to be made by a creditor with respect to any transaction other
than disclosures required by regulations made by the administrator pursuant to Section 5-19-21
and disclosures required by subsection (a) above and by Sections...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-6.htm - 2K - Match Info - Similar pages

7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-102.htm - 29K - Match Info - Similar pages

7-2A-103
or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in
use or in the relevant market as a single whole. (d) "Conforming" goods or performance
under a lease contract means goods or performance that are in accordance with the obligations
under the lease contract. (e) "Consumer lease" means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a lessee who is an individual and who
takes under the lease primarily for a personal, family, or household purpose, if the
total payments to be made under the lease contract, excluding payments for options to renew
or buy, do not exceed $100,000. (f) "Fault" means wrongful act, omission, breach,
or default. (g) "Finance lease" means a lease with respect to which: (i) the lessor
does not select, manufacture, or supply the goods; (ii) the lessor acquires the goods or the
right to possession and use of the goods in connection with the lease; and (iii) one of the
following...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-103.htm - 10K - Match Info - Similar pages

5-19-17
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 both, on more than one consumer credit transaction at the same time for the
purpose of obtaining a higher finance charge than would otherwise be permitted by Section
5-19-3. This subsection shall not apply to the maintenance of two or more separate consumer
credit transactions where the consumer credit transactions were created on different dates.
(b) It shall be unlawful for any seller to evade or attempt to evade this section by inducing
a buyer to become obligated to another creditor in which the initial creditor has a pecuniary
interest or with whom the initial creditor has an arrangement for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-17.htm - 2K - Match Info - Similar pages

5-19-3
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 dollars
($15) per one hundred dollars ($100) per year for the first seven hundred fifty dollars ($750)
of the original amount financed; and (2) Ten dollars ($10) per one hundred dollars ($100)
per year for that portion of the original amount financed exceeding seven hundred fifty dollars
($750) and less than two thousand dollars ($2,000). The maximum finance charge under this
subsection shall be determined by computing the maximum rates authorized by this subsection
on the original amount financed for the full term of the contract without regard to scheduled
payments and the maximum finance charge so determined, or any lesser...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-3.htm - 4K - Match Info - Similar pages

40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-1.htm - 20K - Match Info - Similar pages

5-19-19
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 actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-19.htm - 7K - Match Info - Similar pages