537.3205 Change in terms of open-end credit accounts.
1. Whether or not a change is authorized by prior agreement, a creditor may make a change in the terms of an open-end credit account applying to any balance incurred after the effective date of the change only if the creditor delivers or mails to the consumer a written disclosure of the change in accordance with
12 C.F.R. §1026.9
.
2. Unless authorized by this chapter or unless agreed to by the consumer, a creditor shall not change the terms of an open-end credit account, with respect to a balance incurred before the effective date of the change, which results in an increase of the rate of the finance charge or other charge or an increase in the amount of a periodic payment due, or which otherwise adversely affects the interests of the consumer with respect to the balance. The use by the consumer of an open-end account after the effective date of the change constitutes the agreement of the consumer if the consumer is notified as provided in subsection 1 that the use will constitute the agreement of the consumer.
3. Notwithstanding subsection 2, a creditor may make a change in the terms of an open-end credit account with respect to a balance incurred before the effective date of the change if the creditor gives a written disclosure as provided in subsection 1 and if the credit card account is part of a portfolio of credit card accounts acquired in a bulk acquisition of the portfolio.
4. A disclosure provided for in subsection 1 is mailed to the consumer when mailed to the consumer at the consumer’s address used by the creditor for mailing the consumer periodic billing statements.
5. If a creditor attempts to make a change in the terms of an open-end credit account without complying with this section, any additional cost or charge to the consumer resulting from the change is an excess charge and is subject to the remedies available to the consumer under section 537.5201 and to the administrator under section 537.6113.
6. Notwithstanding subsections 1 through 5, a creditor is not required to deliver or mail to the consumer a written disclosure of a change in the terms of an open-end credit account if the change involves a decrease in the rate of the finance charge, a decrease in a delinquency charge, or a decrease in an over-limit charge.
[C75, 77, 79, 81, §537.3205]
84 Acts, ch 1237, §3; 91 Acts, ch 118, §2, 3; 96 Acts, ch 1057, §1; 2020 Acts, ch 1014, §1
Structure Iowa Code
Chapter 537 - CONSUMER CREDIT CODE
Section 537.1101 - Short title.
Section 537.1102 - Purposes — rules of construction.
Section 537.1103 - Law applicable.
Section 537.1104 - Construction.
Section 537.1107 - Waiver — agreement — settlement.
Section 537.1108 - Effect on organizations.
Section 537.1110 - Obligation of good faith.
Section 537.1201 - Territorial application.
Section 537.1202 - Exclusions.
Section 537.1203 - Jurisdiction — service of process.
Section 537.1301 - General definitions.
Section 537.1302 - Definition — Truth in Lending Act.
Section 537.1303 - Other defined terms.
Section 537.2101 - Short title.
Section 537.2201 - Finance charge for consumer credit sales not pursuant to open-end credit.
Section 537.2202 - Finance charge for consumer credit sales pursuant to open-end credit.
Section 537.2301 - Authority to make supervised loans.
Section 537.2303 - Revocation or suspension of license.
Section 537.2304 - Records — annual reports.
Section 537.2305 - Examinations and investigations.
Section 537.2307 - Restrictions on interest in land as security.
Section 537.2308 - Regular schedule of payments — maximum loan term.
Section 537.2309 - No other business for purpose of evasion.
Section 537.2310 - Conduct of business other than making loans.
Section 537.2401 - Finance charge for consumer loans not pursuant to open-end credit.
Section 537.2402 - Finance charge for consumer loans pursuant to open-end credit.
Section 537.2403 - Finance charge for consumer loans secured by a motor vehicle.
Section 537.2501 - Additional charges.
Section 537.2502 - Delinquency charges.
Section 537.2503 - Deferral charges.
Section 537.2504 - Finance charge on refinancing.
Section 537.2505 - Finance charge on consolidation.
Section 537.2506 - Advances to perform covenants of consumer.
Section 537.2507 - Attorney fees.
Section 537.2508 - Conversion to open-end credit.
Section 537.2509 - Right to prepay.
Section 537.2510 - Rebate upon prepayment.
Section 537.2601 - Charges for other credit transactions.
Section 537.3101 - Short title.
Section 537.3201 - Compliance with Truth in Lending Act.
Section 537.3202 - Consumer leases.
Section 537.3203 - Notice to consumer.
Section 537.3204 - Notice of assignment.
Section 537.3205 - Change in terms of open-end credit accounts.
Section 537.3206 - Receipt — statements of account — evidence of payment — credits.
Section 537.3207 - Form of insurance premium loan agreement.
Section 537.3208 - Notice to cosigners and similar parties.
Section 537.3209 - Advertising.
Section 537.3210 - Prohibited statements relating to rates.
Section 537.3211 - Notice of consumer paper.
Section 537.3212 - Notice of methods of financing and rates.
Section 537.3301 - Security in consumer credit transactions.
Section 537.3302 - Cross-collateral.
Section 537.3303 - Debt secured by cross-collateral.
Section 537.3304 - Use of multiple agreements.
Section 537.3305 - No assignment of earnings.
Section 537.3306 - Authorization to confess judgment prohibited.
Section 537.3307 - Certain negotiable instruments prohibited.
Section 537.3308 - Balloon payments.
Section 537.3309 - Referral sales and leases.
Section 537.3310 - Limitations on executory transactions.
Section 537.3311 - Discrimination prohibited.
Section 537.3401 - Restriction on liability in consumer lease.
Section 537.3402 - Limitation on default charges.
Section 537.3403 - Card issuer subject to claims and defenses.
Section 537.3404 - Assignee subject to claims and defenses.
Section 537.3405 - Lender subject to defenses arising from sales and leases.
Section 537.3501 - Door-to-door sales.
Section 537.3601 - Short title.
Section 537.3602 - Purposes — rules of construction.
Section 537.3603 - Exclusions.
Section 537.3604 - General definitions.
Section 537.3605 - Disclosures.
Section 537.3606 - Form requirements.
Section 537.3608 - Acquiring ownership.
Section 537.3609 - Renegotiation.
Section 537.3610 - Balloon payments prohibited.
Section 537.3611 - Prohibited charges.
Section 537.3612 - Additional charges.
Section 537.3613 - Reinstatement fees.
Section 537.3614 - Taxes and official fees.
Section 537.3615 - Advertising.
Section 537.3616 - Lessee’s reinstatement rights.
Section 537.3617 - Unconscionability.
Section 537.3619 - Cure of default.
Section 537.3620 - Willful and intentional violations.
Section 537.3622 - Effect of correction.
Section 537.3623 - Statute of limitations.
Section 537.3624 - Enforcement.
Section 537.4101 - Scope — excess charges.
Section 537.5101 - Short title.
Section 537.5103 - Creditor’s obligations on repossession — restriction on deficiency judgments.
Section 537.5104 - No garnishment before judgment.
Section 537.5105 - Limitation on garnishment.
Section 537.5106 - Garnishment.
Section 537.5107 - Extortionate or unlawful extensions of credit.
Section 537.5110 - Cure of default.
Section 537.5111 - Notice of right to cure.
Section 537.5114 - Complaint — proof.
Section 537.5201 - Effect of violations on rights of parties.
Section 537.5202 - Damages or penalties as setoff to obligation.
Section 537.5203 - Civil liability for violation of disclosure provisions.
Section 537.5301 - Willful violations.
Section 537.5302 - Disclosure violations.
Section 537.6101 - Short title.
Section 537.6102 - Applicability.
Section 537.6103 - Administrator.
Section 537.6104 - Powers of administrator — reliance on rules — duty to report.
Section 537.6106 - Investigatory powers.
Section 537.6108 - Administrative enforcement orders.
Section 537.6109 - Assurance of discontinuance.
Section 537.6110 - Injunctions and other proceedings in equity.
Section 537.6112 - Temporary relief.
Section 537.6113 - Civil actions by administrator.
Section 537.6115 - Consumer’s remedies not affected.
Section 537.6117 - Administrative rules.
Section 537.6201 - Applicability.
Section 537.6202 - Notification.
Section 537.7101 - Short title.
Section 537.7102 - Definitions.