(a) As used in this section:
(1) “Amount financed” means the amount of credit a borrower will actually be able to use as determined in accordance with sections 36a-675 to 36a-686, inclusive.
(2) “Annual percentage rate” means the annual percentage rate of finance charge determined in accordance with sections 36a-675 to 36a-686, inclusive.
(3) “Finance charge” means the cost of credit determined in accordance with sections 36a-675 to 36a-686, inclusive.
(b) Except as provided in this section, no creditor shall use any method of calculating interest rebates or finance charge rebates in any transaction described in subsection (c) of this section which originated on or after December 1, 1980, if such method would cause the actual interest or finance charge earned for the period during which the indebtedness is outstanding after deduction of an acquisition charge of twenty-five dollars to exceed the finance charge which would be earned if the annual percentage rate were calculated by the actuarial method on the amount financed in accordance with the disclosed schedule of payments. When such rebate is less than one dollar, no rebate need be made.
(c) Notwithstanding any section of the general statutes to the contrary, this section shall apply to any transaction which is subject to sections 36a-675 to 36a-686, inclusive, and which originated on or after December 1, 1980, but before October 1, 1987, if in such transaction: (1) The finance charge is precomputed; (2) the annual percentage rate is greater than fourteen per cent; and (3) the original term of the contract exceeds forty-eight months and fifteen days; and to any such transaction which originated on or after October 1, 1987, if in such transaction: (A) The finance charge is precomputed; and (B) the original term of the contract exceeds forty-eight months and fifteen days.
(P.A. 79-135, S. 1–4; P.A. 81-472, S. 70, 159; P.A. 87-13; P.A. 15-235, S. 19.)
History: P.A. 81-472 made technical changes; P.A. 87-13 amended Subsec. (c) to expand the application of the section after October 1, 1987, by deleting the requirement that the interest rate of the loan exceeds 14%; Sec. 36-417z transferred to Sec. 36a-690 in 1995; (Revisor's note: In 1997 an obsolete reference in Subsec. (c) to “chapter 657” was changed editorially by the Revisors to “sections 36a-675 to 36a-685, inclusive,” to reflect the renumbering in 1995 of the sections contained in former chapter 657); P.A. 15-235 amended section to change “36a-685” to “36a-686”, effective August 1, 2015.
Structure Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Chapter 669 - Regulated Activities
Section 36a-645. (Formerly Sec. 36-243a). - Definitions.
Section 36a-646. (Formerly Sec. 36-243b). - Prohibited acts.
Section 36a-647. (Formerly Sec. 36-243c). - Enforcement powers of commissioner. Regulations.
Section 36a-655. (Formerly Sec. 36-364). - Definitions.
Section 36a-660. (Formerly Sec. 36-375). - Licensee's duties. Written agreement required.
Section 36a-661. (Formerly Sec. 36-376). - Prohibited acts.
Section 36a-661a. - Written agreement voidable. Licensee claims for restitution.
Section 36a-662. (Formerly Sec. 36-377). - Regulations.
Section 36a-663. (Formerly Sec. 36-378). - Exceptions.
Section 36a-665. (Formerly Sec. 36-381). - Penalties.
Section 36a-671c. - Exceptions.
Section 36a-671e. - Requirements re mortgage loan originator license.
Section 36a-671f. - Prohibited practices.
Section 36a-675. (Formerly Sec. 36-416). - Short title: Connecticut Truth-in-Lending Act.
Section 36a-676. (Formerly Sec. 36-393). - Definitions.
Section 36a-677. (Formerly Sec. 36-393a). - State policy.
Section 36a-679. (Formerly Sec. 36-395). - Regulations.
Section 36a-680. (Formerly Sec. 36-398). - Effect of inconsistent law.
Section 36a-681. (Formerly Sec. 36-399). - Penalty.
Section 36a-684. (Formerly Sec. 36-414). - Enforcement. Disclosure errors and adjustments.
Section 36a-685. (Formerly Sec. 36-415). - Unenforceable agreements.
Section 36a-686. - Civil penalty. Liability.
Section 36a-695. (Formerly Sec. 36-431). - Definitions.
Section 36a-696. (Formerly Sec. 36-432). - Disclosure to consumer of information re credit report.
Section 36a-697. (Formerly Sec. 36-433). - Exceptions.
Section 36a-698. (Formerly Sec. 36-434). - Regulations.
Section 36a-699. (Formerly Sec. 36-435). - Penalty.
Section 36a-699a. - Written summary of consumer's rights.
Section 36a-699b. - Dispute by consumer re completeness or accuracy of information.
Section 36a-699c. - Procedures by credit rating agency to assure accuracy.
Section 36a-699d. - Credit report for use in credit transaction not initiated by consumer.
Section 36a-699e. - Existing consent judgment or settlement with Attorney General.
Section 36a-699f. - Blocking of information appearing on credit report as result of identity theft.
Section 36a-701. - Security freeze on credit report: Definitions.
Section 36a-701c. - Regulations.
Section 36a-705. (Formerly Sec. 36-442). - Definitions.
Section 36a-706. (Formerly Sec. 36-442a). - Mortgage rate lock-in.
Section 36a-707. (Formerly Sec. 36-442b). - Applicant's remedies.
Section 36a-708. - Prohibited acts by mortgage brokers.
Section 36a-715. (Formerly Sec. 36-442m). - Definitions.
Section 36a-716. (Formerly Sec. 36-442n). - Escrow accounts.
Section 36a-717. (Formerly Sec. 36-442o). - Penalties.
Section 36a-718. (Formerly Sec. 36-442p). - Licenses required. Exemptions.
Section 36a-719b. - Expiration of license. Application for renewal. Fees.
Section 36a-719d. - Records to be maintained by licensee.
Section 36a-719e. - Disclosure of notice and schedule of ranges and categories of costs and fees.
Section 36a-719f. - Compliance with federal laws and regulations.
Section 36a-719g. - Fee schedule. Imposition of late fee or delinquency charge.
Section 36a-719k. - Regulations.
Section 36a-719l. - Exemptions.
Section 36a-725. (Formerly Sec. 36-442aa). - Definitions.
Section 36a-726. (Formerly Sec. 36-442bb). - Disclosure required.
Section 36a-735. (Formerly Sec. 36-443). - Short title: Home Mortgage Disclosure Act.
Section 36a-736. (Formerly Sec. 36-444). - Definitions.
Section 36a-738. (Formerly Sec. 36-446). - Disclosure requirements for financial institutions.
Section 36a-739. (Formerly Sec. 36-448). - Reports by financial institutions. Filing requirements.
Section 36a-741. (Formerly Sec. 36-451). - Cease and desist order. Enforcement action.
Section 36a-743. (Formerly Sec. 36-454). - Commissioner to analyze home financing.
Section 36a-744. (Formerly Sec. 36-455). - Regulations.
Section 36a-746. - Short title: Connecticut Abusive Home Loan Lending Practices Act.
Section 36a-746a. - Definitions.
Section 36a-746b. - Disclosures.
Section 36a-746c. - Prohibited provisions in loan agreement.
Section 36a-746d. - Report of payment history.
Section 36a-746e. - Prohibited acts by lender.
Section 36a-746f. - Purchase of insurance by buyer.
Section 36a-746g. - Refund or credit of charges.
Section 36a-755. (Formerly Sec. 36-9h). - Mortgage appraisal practices. Definitions. Regulations.
Section 36a-757. (Formerly Sec. 36-9u). - Mortgage insurance requirements limited.
Section 36a-760. - Nonprime home loans: Definitions; applicability.
Section 36a-760a. - Duties of lenders and mortgage brokers relating to nonprime home loans.
Section 36a-760b. - Analysis of obligor's ability to pay.
Section 36a-760d. - Requirements for making nonprime home loans.
Section 36a-760e. - Restrictions on provisions in nonprime home loans.
Section 36a-760h. - Additional duties of mortgage brokers.
Section 36a-760i. - Court action based on lender's failure to comply with statutory requirements.
Section 36a-760j. - Prohibition against influencing real estate appraisals.
Section 36a-771. (Formerly Sec. 42-84). - General contract requirements.
Section 36a-773. (Formerly Sec. 42-86). - Insurance.
Section 36a-774. (Formerly Sec. 42-87). - Installment loan contract requirements.
Section 36a-775. (Formerly Sec. 42-88). - Confession of judgment provision invalid.
Section 36a-776. (Formerly Sec. 42-89). - Inclusion of other goods in contract void.
Section 36a-777. (Formerly Sec. 42-90). - Acknowledgment of receipt of notice and statement.
Section 36a-778. (Formerly Sec. 42-91). - Delinquency and collection charges.
Section 36a-779. (Formerly Sec. 42-92). - Assignment of contract.
Section 36a-780. (Formerly Sec. 42-93). - Payments after assignment.
Section 36a-781. (Formerly Sec. 42-94). - Statement of payments made. Receipts.
Section 36a-782. (Formerly Sec. 42-95). - Cancellation of contract on payment in full.
Section 36a-783. (Formerly Sec. 42-96). - Rebate and refund upon prepayment of contract.
Section 36a-784. (Formerly Sec. 42-97). - Renewals and extensions.
Section 36a-785. (Formerly Sec. 42-98). - Foreclosure.
Section 36a-786. (Formerly Sec. 42-99). - Recovery of charges barred by wilful violations.
Section 36a-787. (Formerly Sec. 42-100). - Penalty.
Section 36a-788. (Formerly Sec. 42-100a). - Enforcement action.
Section 36a-800. (Formerly Sec. 42-127). - Consumer collection agency. Definitions.
Section 36a-801a. - Persons engaged in business of collecting child support.
Section 36a-801b. - Collection of child support. Written agreement.
Section 36a-805. (Formerly Sec. 42-131). - Prohibited practices. Exception.
Section 36a-807. (Formerly Sec. 42-131b). - Liability.
Section 36a-808. (Formerly Sec. 42-131c). - Unfair or deceptive practices. Enforcement action.
Section 36a-809. (Formerly Sec. 42-131d). - Commissioner's powers. Regulations.
Section 36a-810. (Formerly Sec. 42-133a). - Penalty.
Section 36a-811. - Maintenance of consumer debtor and creditor records.
Section 36a-812. - Compliance with Fair Debt Collection Practices Act.
Section 36a-813. - Evidence in cause of action for purchased debt owed by consumer debtor.
Section 36a-830. - Exchange facilitator. Definitions.
Section 36a-831. - Change in control of exchange facilitator. Notification to clients.
Section 36a-832. - Fidelity bond. Deposit of exchange funds.
Section 36a-834. - Regulations. Damage claims.
Section 36a-835. - Holding and investment of exchange funds.
Section 36a-836. - Prohibited activities of exchange facilitators.
Section 36a-837. - Civil action. Notice.
Section 36a-846. - Definitions.
Section 36a-847b. - Exemptions.
Section 36a-849. - Records to be maintained by licensee.
Section 36a-850. - Prohibited activities of student loan servicers and control persons.
Section 36a-853. - Compliance with federal laws and regulations.
Section 36a-854. - Regulations.
Section 36a-855. - Action for damages, fees, costs and equitable relief. Class actions.