TRUTH IN LENDING ACT Flashcards
This policy is declared to protect people from a lack of awareness of the true cost of credit by assuring full disclosure of such cost.
Truth in Lending Act
R.A 3765 also known as
the “Truth in Lending Act”
Who is covered under the R.A 3765?
any creditor
It includes interest, fees, service charges, discounts, and other charges incident to the extension of credit as may be prescribed by the Monetary Board of the BSP through regulations.
Finance Charge
The creditor or lender is required to inform the debtor or borrower of the following facts:
(1) the cash price or delivered price of the property or service to be acquired;
(2) the amounts, if any, to be credited as down payment and/or trade-in;
(3) the difference between the amounts set forth under clauses (1) and (2);
(4) the charges, individually itemized, which are paid or to be paid by such person in
connection with the transaction but which are not incident to the extension of credit;
(5) the total amount to be financed;
(6) the finance charge expressed in terms of pesos and centavos; and
(7) the percentage that the finance bears to the total amount to be financed expressed
as a simple annual rate on the outstanding unpaid balance of the obligation.
When and how should these information be furnished to the debtor or borrower?
The information must be disclosed to the debtor prior to the consummation of the transaction.
In what form should the information be stated?
Written
When there is a violation of the Truth in Lending Act, what happens to the obligation?
The contract or transaction remains valid or enforceable but subject to penalties.