Chapter 076 |
2022 -- S 2434 SUBSTITUTE A Enacted 06/15/2022 |
A N A C T |
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- CREDIT CARD LENDING |
Introduced By: Senators Lombardo, F Lombardi, Ciccone, Acosta, Gallo, and Burke |
Date Introduced: March 01, 2022 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 6-26.1-1 of the General Laws in Chapter 6-26.1 entitled "Credit Card |
Lending" is hereby amended to read as follows: |
6-26.1-1. Definitions. |
For purposes of this chapter, the following definitions shall apply: |
(1) “ACH”, also known as the Automated Clearing House Network, means the electronic |
funds-transfer system comprised of a network of associated institutions that process computer- |
based electronic financial transactions between originating and receiving depository financial |
institutions. ACH in the United States is governed by NACHA, the former National Automated |
Clearing House Association. |
(1)(2) "Credit card device" includes any means of making a credit card transaction |
available to a borrower pursuant to a credit card plan, including, but not limited to, a card, draft or |
check, identification code, other means of identification, or other credit device or code, whether |
made directly or indirectly by means of telephone, point of sale terminal, automated teller machine, |
computer or other electronic or other communication or device, or through the mail. |
(2)(3) "Credit card lender" or "lender" means any entity that is a lending institution as |
defined by § 19-9-1, or licensee as defined by § 19-14-1, that offers or extends credit in the form |
of a credit card transaction. |
(3)(4)(5) "Credit card transaction" means any loan or extension of credit made pursuant to |
a credit card plan. Without limitation of the foregoing, a credit card transaction may be extended |
under a credit card plan by a credit card lender's acquisition of obligations arising out of the |
honoring by a merchant or other third-party; a credit card lender or other financial institution |
(whether chartered or organized under the laws of this or any other state, the District of Columbia, |
the United States, or any district, territory, or possession of the United States, or any foreign |
country); or a government or governmental subdivision or agency of a credit card device. |
(4)(5)(4) "Credit card plan" or "plan" means any arrangement or plan between a borrower |
and a credit card lender or issuer, including, without limitation, lines of credit directly between a |
borrower and a credit card lender or issuer, for open-end, revolving extensions of credit made |
available through a credit card device or other means of settlement between the credit card lender |
or issuer and the merchant, such as ACH or electronic-only credit card devices, provided, however, |
said "credit card plan" or "plan" does not include an extension of credit the repayment of which is |
secured by real property. |
SECTION 2. This act shall take effect upon passage. |
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LC004857/SUB A |
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