Current through September 30, 2024
Section 37.3 - Prohibited practices(a)Anti-tying. A national bank may not extend credit nor alter the terms or conditions of an extension of credit conditioned upon the customer entering into a debt cancellation contract or debt suspension agreement with the bank.(b)Misrepresentations generally. A national bank may not engage in any practice or use any advertisement that could mislead or otherwise cause a reasonable person to reach an erroneous belief with respect to information that must be disclosed under this part.(c)Prohibited contract terms. A national bank may not offer debt cancellation contracts or debt suspension agreements that contain terms: (1) Giving the bank the right unilaterally to modify the contract unless:(i) The modification is favorable to the customer and is made without additional charge to the customer; or(ii) The customer is notified of any proposed change and is provided a reasonable opportunity to cancel the contract without penalty before the change goes into effect; or(2) Requiring a lump sum, single payment for the contract payable at the outset of the contract, where the debt subject to the contract is a residential mortgage loan.