Oklahoma Statutes
Title 14A. Consumer Credit Code
§14A-3-807. Disclosures.

DISCLOSURES.

A. A consumer litigation funding agreement shall contain the disclosures required by this section. The disclosures shall be clear and conspicuous and in at least twelve-point bold type, except as provided by subsection F of this section.
B. On the front page of the agreement under appropriate headings, the agreement shall disclose:
1. The funded amount to be paid to the consumer by the consumer litigation funder;
2. An itemization of one-time charges;
3. The total amount to be assigned by the consumer to the funder, including the funded amount and all charges; and
4. A payment schedule that:
C. Pursuant to the requirements set forth in this act, the agreement shall contain the following statement: "CONSUMER'S RIGHT TO CANCELLATION: You may cancel this agreement without penalty or further obligation within five business days after the funding date if you either:
1. Return to the consumer litigation funder the full amount of the disbursed funds by delivering the funder's uncashed check to the funder's office in person; or
2. Send, by insured, certified, or registered United States mail, to the funder at the address specified in the agreement, a notice of cancellation and include in the mailing a return of the full amount of disbursed funds in the form of the funder's uncashed check or a registered or certified check or money order."
D. The agreement shall disclose that:
1. The consumer litigation funder may not participate in deciding whether, when, or the amount for which a legal claim is settled;
2. The funder may not interfere with the independent professional judgment of the attorney handling the legal claim or any settlement of the legal claim; and
3. The consumer shall notify the funder of the settlement or adjudication of the legal claim before the resolution date.
E. The agreement shall contain in all capital letters the following text within a box: "THE FUNDED AMOUNT AND AGREED TO CHARGES SHALL BE PAID ONLY FROM THE PROCEEDS OF YOUR LEGAL CLAIM, AND SHALL BE PAID ONLY TO THE EXTENT THAT THERE ARE AVAILABLE PROCEEDS FROM YOUR LEGAL CLAIM. YOU WILL NOT OWE (INSERT NAME OF THE CONSUMER LITIGATION FUNDER) ANYTHING IF THERE ARE NO PROCEEDS FROM YOUR LEGAL CLAIM, UNLESS YOU HAVE VIOLATED ANY MATERIAL TERM OF THIS AGREEMENT OR YOU HAVE COMMITTED FRAUD AGAINST THE CONSUMER LITIGATION FUNDER."
F. Immediately above the line for the consumer's signature, the agreement shall contain the following disclosure in twelve-point type: "Do not sign this agreement before you read it completely or if it contains any blank spaces. You are entitled to a completed copy of the agreement. Before you sign this agreement, you should obtain the advice of an attorney. Depending on the circumstances, you may want to consult a tax, public or private benefits planning, or financial professional.
Added by Laws 2013, c. 386, § 7, eff. Nov. 1, 2013.
NOTE: Editorially renumbered from Title 14A, § 3-707 to avoid a duplication in numbering.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 14A. Consumer Credit Code

§14A-1-101. Short title.

§14A-1-102. Purposes - Rules of construction.

§14A-1-103. Supplementary general principles of law applicable.

§14A-1-104. Construction against implicit repeal.

§14A-1-106. Change in dollar amount used in certain sections.

§14A-1-107. Waiver - Agreement to forego rights - Settlement of claims.

§14A-1-108. Effect of act on powers of organizations.

§14A-1-109. Discrimination in extension of credit on basis of sex or marital status prohibited.

§14A-1-110. Use of cash discounts.

§14A-1-111. Location of amendments.

§14A-1-201. Territorial application.

§14A-1-201A. Extraterritorial application.

§14A-1-202. Exclusions.

§14A-1-301. General definitions.

§14A-1-302. Definition: "Federal Consumer Credit Protection Act".

§14A-1-303. Index of definitions in act.

§14A-2-101. Short title.

§14A-2-102. Scope.

§14A-2-103. Definitions in article.

§14A-2-104. Definition: "Consumer credit sale".

§14A-2-105. Definitions: "Goods"; "Merchandise certificate"; "Services"; "Sale of goods"; "Sale of services"; "Sale of an interest in land"; "Precomputed".

§14A-2-106. Definition: "Consumer lease".

§14A-2-107. Definition: "Seller".

§14A-2-108. Definition: "Revolving charge account".

§14A-2-109. Definition: "Credit service charge".

§14A-2-110. Definition: "Cash price".

§14A-2-111. Definition: "Amount financed".

§14A-2-112. Sale of motor vehicles - Taking security in other vehicles.

§14A-2-201. Credit service charge for consumer credit sales other than revolving charge accounts.

§14A-2-202. Additional charges.

§14A-2-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - fee.

§14A-2-202.2. Over-the-limit charge.

§14A-2-203. Delinquency charges.

§14A-2-204. Deferral charges.

§14A-2-205. Credit service charge on refinancing.

§14A-2-206. Credit service charge on consolidation.

§14A-2-207. Credit service charge for revolving charge accounts.

§14A-2-208. Advances to perform covenants of buyer.

§14A-2-209. Right to prepay.

§14A-2-210. Rebate upon prepayment.

§14A-2-211. Discounts inducing payment by cash, check or similar means.

§14A-2-301. Applicability - Information required.

§14A-2-301.1. Federal Consumer Credit Protection Act disclosure.

§14A-2-303. Overstatement.

§14A-2-304. Calculation of rate to be disclosed.

§14A-2-305. Sales made by telephone or mail.

§14A-2-306. Consumer credit sales not pursuant to revolving charge account.

§14A-2-307. Refinancing.

§14A-2-308. Assumption.

§14A-2-309. Estimates of disclosures.

§14A-2-310. Revolving charge accounts.

§14A-2-310.1. Disclosure in credit and charge card applications and solicitation.

§14A-2-310.2. Disclosure requirements for revolving charge account plans secured by consumer's principal dwelling.

§14A-2-310.3. Index or rate of interest on revolving loan account plan subject to variable rate and secured by consumer's principal dwelling - Termination of account - Change of terms or conditions - Refunding of fees.

§14A-2-311. Consumer leases.

§14A-2-313. Advertising.

§14A-2-401. Scope.

§14A-2-402. Use of multiple agreements.

§14A-2-403. Certain negotiable instruments prohibited.

§14A-2-404. When assignee not subject to defense.

§14A-2-405. Balloon payments.

§14A-2-406. Restriction on liability in consumer lease.

§14A-2-407. Security in sales or leases.

§14A-2-408. Cross-collateral.

§14A-2-409. Debt secured by cross-collateral.

§14A-2-410. No assignment of earnings.

§14A-2-411. Referral sales.

§14A-2-412. Notice of assignment.

§14A-2-413. Attorney's fees.

§14A-2-414. Limitation on default charges.

§14A-2-415. Authorization to confess judgment prohibited.

§14A-2-416. Change in terms of revolving charge accounts.

§14A-2-417. Surcharge for use of credit or debit card.

§14A-2-501. Definition: "Home solicitation sale".

§14A-2-502. Buyer's right to cancel.

§14A-2-503. Form of agreement or offer - Statement of buyer's rights.

§14A-2-504. Restoration of down payment - Retention of cancellation fee.

§14A-2-505. Duty of buyer - No compensation for services prior to cancellation.

§14A-2-601. Sales subject to act by agreement of parties.

§14A-2-605. Credit service charge for other sales.

§14A-3-101. Short title.

§14A-3-102. Scope.

§14A-3-102a. Restrictions on political subdivision orders, ordinances and regulations – Injunctive relief.

§14A-3-103. Definitions in artlcle.

§14A-3-104. Definition: "Consumer Loan".

§14A-3-105. Definition: "Loan primarily secured by an interest in land".

§14A-3-106. Definition: "Loan".

§14A-3-107. Definitions: "Lender"; "Precomputed"; "Principal".

§14A-3-108. Definition: "Revolving loan account".

§14A-3-109. Definition: "Loan finance charge".

§14A-3-201. Loan finance charge for consumer loans other than supervised loans.

§14A-3-202. Additional charges.

§14A-3-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - Fee.

§14A-3-203. Delinquency charges.

§14A-3-203.1. Credit to finance medical goods and services - Contract for delinquency charges.

§14A-3-203.2. Revolving loan credit card accounts - Additional charges.

§14A-3-204. Deferral charges.

§14A-3-205. Loan finance charge on refinancing.

§14A-3-206. Loan finance charge on consolidation.

§14A-3-207. Conversion to revolving loan account.

§14A-3-208. Advances to perform covenants of debtor.

§14A-3-209. Right to prepay.

§14A-3-210. Revolving charge accounts.

§14A-3-211. Fee for small loans – Payments to Consumer Credit Counseling Revolving Fund and Personal Financial Literacy Education Revolving Fund.

§14A-3-301. Applicability - Information required.

§14A-3-301.1. Federal Consumer Credit Protection Act disclosure.

§14A-3-302.1. Disclosure of fee for dishonored check, negotiable order of withdrawal or share draft.

§14A-3-302.2. Disclosure of over-the-limit fees.

§14A-3-303. Overstatement.

§14A-3-304. Calculation of rate to be disclosed.

§14A-3-305. Loans made by telephone or mail.

§14A-3-306. Consumer loans not pursuant to revolving loan account.

§14A-3-307. Refinancing.

§14A-3-308. Assumption.

§14A-3-309. Revolving loan accounts.

§14A-3-309.1. Disclosure in credit and charge card applications and solicitation.

§14A-3-309.2. Disclosure requirements for revolving loan account plans secured by consumer's principal dwelling.

§14A-3-309.3. Index or rate of interest on revolving loan account plan subject to variable rate and secured by consumer's principal dwelling - Termination of account - Change of terms or conditions - Refunding of fees.

§14A-3-309.4. Additional disclosures for subsection 10 mortgages.

§14A-3-309.5. Additional disclosures for reverse mortgages.

§14A-3-310. Estimates of disclosures.

§14A-3-312. Advertising.

§14A-3-313. Notification to borrower of transfer of residential mortgage loan.

§14A-3-401. Scope.

§14A-3-402. Balloon payments.

§14A-3-403. No assignment of earnings.

§14A-3-404. Attorney's fees.

§14A-3-405. Limitation on default charges.

§14A-3-406. Notice of assignment.

§14A-3-407. Authorization to confess judgment prohibited.

§14A-3-408. Change in terms of revolving loan accounts.

§14A-3-409. Use of multiple agreements.

§14A-3-410. Subsection 10 mortgages – Limitations and restrictions - Preemption.

§14A-3-411. Refinancing loan to subsection 10 mortgage – Borrower’s interest.

§14A-3-501. Definitions: "Supervised loan"; "Supervised lender".

§14A-3-502. Authority to make supervised loans - Administrative actions against unlicensed persons.

§14A-3-503. Application for license – Annual fee - Appointment of statutory agent – Bond - Criminal history check.

§14A-3-504. Issuance or denial of license to make supervised loans.

§14A-3-505. Hearing examiner - Powers - Reinstatement - Certain disclosures required of licensee.

§14A-3-506. Examination of licensees - Access to records - Investigations.

§14A-3-507. Application of Administrative Procedure Act to Part.

§14A-3-508A. Loan finance charge for supervised loans.

§14A-3-508B. Loan finance charge for loans with principal of Three Thousand Dollars or less.

§14A-3-508C. Electronic payment processing convenience fee.

§14A-3-509. Use of multiple agreements or split loans.

§14A-3-510. Restrictions on interest in land as security.

§14A-3-511. Regular schedule of payments - Maximum loan term.

§14A-3-512. Conduct of business other than making loans.

§14A-3-513. Application of other provisions.

§14A-3-514. Attorney's fees.

§14A-3-515. Restrictions on interest in motor vehicles as security.

§14A-3-601. Loans subject to act by agreement of parties.

§14A-3-605. Loan finance charge for other loans.

§14A-3-701. Short title – Oklahoma Private Student Loan Transparency and Improvement Act.

§14A-3-702. Definitions.

§14A-3-703. Prohibition on gifts – Revenue sharing.

§14A-3-704. Restrictions on private educational lenders.

§14A-3-705. Private educational loan application disclosures – Cancellation period.

§14A-3-801. Definitions.

§14A-3-802. Nonapplicability of act.

§14A-3-803. Agreement required.

§14A-3-804. Duty of attorney.

§14A-3-805. Form of agreement - Requirement of existing legal claim.

§14A-3-806. Right of rescission.

§14A-3-807. Disclosures.

§14A-3-809. License required - Application.

§14A-3-810. Bond - Letter of credit.

§14A-3-811. Issuance of license.

§14A-3-812. Hearing.

§14A-3-813. Renewal of license.

§14A-3-814. Prohibited activities or conduct.

§14A-3-815. Violation of act.

§14A-3-816. Implementation.

§14A-3-817. Application of act.

§14A-4-101. Short title.

§14A-4-102. Scope - Applicability to parties.

§14A-4-103. Definition: "Consumer credit insurance".

§14A-4-104. Creditor's provision of and charge for insurance - Excess amount of charge.

§14A-4-105. Conditions applying to insurance to be provided by creditor.

§14A-4-106. Unconscionability.

§14A-4-107. Maximum charge by creditor for insurance.

§14A-4-108. Refund or credit required - Amount.

§14A-4-109. Existing insurance - Choice of insurer.

§14A-4-110. Charge for insurance in connection with a deferral, refinancing, or consolidation - Duplicate charges.

§14A-4-111. Cooperation between Administrator and Insurance Department.

§14A-4-112. Administrative action of Insurance Department.

§14A-4-113. Sale of insurance product in conjunction with subsection 10 mortgage – Conditions - Disclosure.

§14A-4-201. Term of insurance.

§14A-4-202. Amount of insurance.

§14A-4-203. Filing and approval of rates and forms.

§14A-4-301. Property insurance.

§14A-4-302. Insurance on creditor's interest only.

§14A-4-303. Liability insurance.

§14A-4-304. Cancellation by creditor.

§14A-5-101. Short title.

§14A-5-102. Scope.

§14A-5-103. Restrictions on deficiency judgments in consumer credit sales.

§14A-5-104. No garnishment before judgment.

§14A-5-105. Limitation on garnishment.

§14A-5-106. No discharge from employment for garnishment.

§14A-5-107. Extortionate extensions of credit.

§14A-5-108. Unconscionability.

§14A-5-201. Consumer credit sales and consumer loans.

§14A-5-202. Effect of violations on rights of parties.

§14A-5-203. Civil liability for violation of disclosure provisions.

§14A-5-204. Right to rescind certain transactions.

§14A-5-205. Refunds and penalties as set-off to obligation.

§14A-5-206. Closed-end consumer credit transaction secured by real property or dwelling consummated before September 30, 1995 - Nonliability of creditor.

§14A-5-301. Willful violations.

§14A-5-302. Disclosure violations.

§14A-6-101. Short title.

§14A-6-102. Applicability.

§14A-6-103. Administrator.

§14A-6-104. Powers and duties of Administrator.

§14A-6-105. Administrative enforcement powers with respect to supervised financial institutions.

§14A-6-106. Investigatory powers.

§14A-6-107. Application of Administrative Procedure Act.

§14A-6-108. Administrative enforcement orders - Review.

§14A-6-109. Assurance of discontinuance.

§14A-6-110. Injunctions against violations of act.

§14A-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.

§14A-6-112. Temporary relief.

§14A-6-113. Civil actions by Administrator.

§14A-6-114. Jury trial.

§14A-6-115. Debtors' remedies not affected.

§14A-6-116. Report on conclusion of examination – Preservation of examinations and reports.

§14A-6-117. Designation as public records – Other records confidential.

§14A-6-117.1. Availability of data to agencies with direct supervisory authority.

§14A-6-201. Applicability.

§14A-6-202. Notification.

§14A-6-203. Fees.

§14A-6-301. Consumer Credit Administrative Expenses Revolving Fund.

§14A-6-302. Commission on Consumer Credit - Prescription of fees.

§14A-6-303. Deposit of fees in Consumer Credit Administrative Expenses Revolving Fund.

§14A-6-501. Department of Consumer Credit - Commission on Consumer Credit - Administrator of Consumer Credit - Consumer Credit Advisory Committee.

§14A-6-502. Members of Commission.

§14A-6-503. Appointment of Commission members - Terms of office - Bipartisan composition.

§14A-6-504. Chairman - Meetings - Quorum - Minutes - Reports - Records - Rules and regulations.

§14A-6-506. Qualifications and remuneration of administrator.

§14A-6-507. Deputy Administrator.

§14A-6-508. Bond.

§14A-6-509. Internal organization.

§14A-6-510. Employees - Duties - Compensation.

§14A-9-101. Time of taking effect - Provisions for transition.