Title 10, Chapter 1, Section 4
( 10-1-4)
(a) Every revolving account shall be in writing and shall be
completed prior to the signing thereof by the retail buyer. The
printed portion, other than instructions for completion, of any
revolving account shall be in at least six-point type. Any such
account shall contain the names of the seller and the buyer, the
place of business of the seller, and the residence or place of
business of the buyer as specified by the buyer, and substantially
the following notice in clear and conspicuous type: "Notice to the Buyer Do not sign this before you read it or if it contains any blank
spaces. You are entitled to an exact copy of the paper you sign.
You have the right to pay in advance the full amount due." A copy of any such account shall be delivered or mailed to the
retail buyer by the retail seller prior to the date on which the
first payment is due thereunder. Any acknowledgment by the buyer of
delivery of a copy of the account shall be in clear and conspicuous
type and, if contained in the account, shall appear directly above
the buyer's signature. No account shall be signed by the buyer when
it contains blank spaces to be filled in after it has been signed.
The buyer's acknowledgment, conforming to the requirements of this
subsection, of delivery of a copy of an account shall be presumptive
proof in any action or proceeding of such delivery and that the
account, when signed, did not contain any blank spaces as provided
in this subsection. A revolving account shall be presumed to be
signed or accepted by the buyer if, after a request for a revolving
account, such revolving account or application for a revolving
account is in fact signed by the buyer or if such revolving account
is used by the buyer or if such revolving account is used by another
person authorized by the buyer to use it. The revolving account is
not effective until: the buyer has received the disclosures required
pursuant to the federal Truth in Lending Act, 15 U.S.C. Section
1601, et seq., as amended; the buyer or a person authorized by the
buyer uses the revolving account; and the seller or its assignee
extends credit to the buyer for transactions on the revolving
account. (b) Notwithstanding any other law, the seller under a revolving
account may charge, receive, and collect a time price differential
which shall not exceed 17.5¢ per $10.00 per month computed on all
amounts unpaid thereunder from month to month (which need not be a
calendar month) or other regular period. If the amount of time price
differential so computed shall be less than $1.00 for any such
month, a time price differential of $1.00 for any such month may be
charged, received, and collected. If the regular period is other
than such monthly period or if the unpaid amount is less than or
greater than $10.00, the permitted time price differential shall be
computed proportionately. Such time price differential may be
computed for all unpaid balances within a range of not in excess of
$10.00 on the basis of the median amount within such range if as so
computed such time price differential is applied to all unpaid
balances within such range. |