24-11.1. Disclosure requirements for credit cards.
(a) This section applies to any application, solicitation of an application, offer of credit, or communication extending credit that is:
(1) For an open-end credit plan accessed through a credit card or a revolving credit loan accessed through a credit card;
(2) Printed;
(3) Mailed or otherwise delivered to a person at any address within this State;
(4) Not delivered pursuant to an existing credit agreement; and
(5) Not printed in a newspaper, magazine, or periodical generally circulated outside as well as inside the State.
(b) Disclosures. - The following disclosures shall be clearly and conspicuously made in or with all documents described in subsection (a) of this section:
(1) The annual percentage rate or, if the rate may vary, a statement that it may vary, the circumstances under which the rate may increase, any limitations on the increase, and the effects of the increase on the other terms of the agreement.
(2) The date or occasion upon which the finance charge begins to accrue on a transaction and the duration of any grace period.
(3) Whether an annual fee is charged and the amount of the fee.
(4) Any delinquency charge, late charge, or collection charge which may be assessed for the late payment of any installment, including the terms and conditions for the imposition of such charge.
(c) Federal Requirements. - The form and content of the disclosures described in subsection (b) may be consistent with similar disclosures required by the federal Truth-in-Lending Act, 15 U.S.C. 1601 et seq., and Regulation Z, 12 C.R.F. 226. Any amendment to the Act or Regulation that addresses credit card disclosures shall to the extent it covers applications, solicitations, and other communications covered by this section, replace the disclosure requirements of this section for creditors subject to the Act.
(d) Penalty. - A violation of this section shall constitute a violation of G.S. 75-1.1 except that the creditor shall not be liable for any fine, civil penalty, treble damages, or attorney's fee where the creditor shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(e) Severability. - If any part of this section is found unconstitutional or is preempted by federal law with regard to a creditor because the creditor is located outside of the State, that part does not apply to creditors located within the State.
(f) Nothing in this section shall be construed to authorize any fee, charge, surcharge or penalty not otherwise authorized by law. (1987, c. 735, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - General Provisions.
§ 24-1 - Legal rate is eight percent.
§ 24-1.1 - Contract rates and fees.
§ 24-1.1A - Contract rates on home loans secured by first mortgages or first deeds of trust.
§ 24-1.1E - Restrictions and limitations on high-cost home loans.
§ 24-1.1F - Rate spread home loans.
§ 24-1.2A - Equity lines of credit.
§ 24-1.4 - Interest rates for savings and loan associations.
§ 24-2 - Penalty for usury; corporate bonds may be sold below par.
§ 24-2.1 - Transactions governed by Chapter.
§ 24-2.2 - Interest on extensions of credit by banks and savings and loan associations; exceptions.
§ 24-2.3 - State opt-out from federal preemption.
§ 24-2.5 - Mortgage bankers and mortgage brokers.
§ 24-3 - Time from which interest runs.
§ 24-4 - Obligations due guardians to bear compound interest; rate of interest.
§ 24-5 - Interest on judgments.
§ 24-7 - Interest from verdict to judgment added as costs.
§ 24-8 - Loans not in excess of $300,000; what interest, fees and charges permitted.
§ 24-9 - Loans exempt from rate and fee limitations.
§ 24-9.3 - Economic development loans.
§ 24-10 - Maximum fees on loans secured by real property.
§ 24-10.2 - Consumer protections in certain home loans.
§ 24-11 - Certain revolving credit charges.