Official Summary Text
Present law provides that a
licensee under
the "P
remium Finance Company Act of 1980
" does not
ha
ve
the power to charge premium loan charges other than, or in amounts greater than,
the following:
Licensees may charge, in the case of the precomputed loan, a service charge in an amount equal to 4% of the total amount of the loan, which charge may be deducted in advance from the principal of the premium loan; provided, that a licensee who contracts for the payment of interest on the balances from time to time outstanding, commonly referred to as a revolving or open-end account, shall be limited to contracting for a service charge not to exceed $15 and payable no more frequently than once per calendar year per premium loan account.
A premium finance agreement may provide for the payment by the insured of a delinquency charge of $2 to a maximum of 5% of the delinquent installment on any installment, which is in default for a period of 10 days or more; provided, that the charge shall not be collected more than once for the same delinquency.
If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $5.
A premium finance agreement may provide for payment of collection costs, attorney's fees equal to 15% of the outstanding indebtedness and any other charges that arose because one party breached the contract.
CONVENIENCE FEE AUTHORIZED
This bill authorizes a
licensee under
the "P
remium Finance Company Act of 1980
" to
also impose and collect a convenience fee from any insured paying by credit c
ard, debit card, electronic funds transfer, electronic check, or other electronic means in order to offset actual costs incurred by a licensee in accepting and processing payments made by electronic means.
The convenience fee may be charged in addition to
all other interest and fees allowed by law.
Actual Cost
This bill prohibits a
convenience fee
so
collected by a licensee
from
exceed
ing
the actual costs incurred by the licensee
. However,
a licensee may impose a convenience fee in lieu of the actual
cost of the individual payment type that does not exceed the average of the actual cost incurred for the various types of electronic payments for which the licensee imposes a convenience fee.
"
A
ctual cost" means actual third-party costs incurred for the p
rocessing of payments made by electronic means.
For purposes of determining actual costs, if a licensee is a subsidiary of an entity that processes payments made by electronic means, then the costs incurred by the licensee's parent entity are third-party
costs.
Notice
This bill requires a
licensee
so
charging a convenience fee
to
notify the insured of the amount of the fee prior to completing a transaction, provide an opportunity for the insured to cancel the transaction without incurring a fee, and
make available the option to make a payment on a loan by check, cash, or money order directly to the licensee without the imposition of a convenience fee for a card payment or electronic payment.
Non-refundable
This bill provides that w
hen an insured e
lects to make a payment to the licensee by credit card, debit card, electronic funds transfer, electronic check, or other electronic means and a convenience fee is imposed and collected, the payment of the convenience fee is not refundable.
Payment Card
Network Prohibitions
This bill prohibits a
licensee
from
charg
ing
a convenience fee on any debit card or prepaid card transaction if the payment card network on which the transaction is initiated or processed prohibits such convenience fee by contract, r
ule, or policy.
HANDLING CHARGE AUTHORIZED
This bill authorizes
licensee
s
under
the "P
remium Finance Company Act of 1980
" to
also charge and collect from the insured, through regular billing procedure or otherwise, a handling charge for a draft, check,
electronic funds transfer, electronic check, card payment, or any other electronic payment, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan or ot
h
er extension of credit if the instrument is not paid or dishonored by the institution
as long as
the
licensee
adheres to the following:
The license may
redeposit the instrument with the institution or return the dishonored instrument to the insured or person to whom the credit was extended upon redemption of the
instrument.
The license must not
collect more than one handling charge on any one check or electronic debit authorization.
Current Bill Text
Read the full stored bill text
SENATE BILL 766
By Bailey
HOUSE BILL 772
By Powers
HB0772
002720
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 56,
Chapter 37, relative to premium finance
companies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 56-37-109, is amended by deleting
subdivision (4) and substituting:
(4)
(A) A licensee may also impose and collect a convenience fee from any
insured paying by credit card, debit card, electronic funds transfer, electronic
check, or other electronic means in order to offset actual costs incurred by a
licensee in accepting and processing payments made by electronic means.
(B)
(i) A convenience fee collected by a licensee pursuant to this
subdivision (4) must not exceed the actual costs incurred by the licensee;
provided, that, a licensee may impose a convenience fee in lieu of the
actual cost of the individual payment type that does not exceed the
average of the actual cost incurred for the various types of electronic
payments for which the licensee imposes a convenience fee.
(ii)
(a) As used in subdivision (4)(B)(i), "actual cost" means
actual third-party costs incurred for the processing of payments
made by electronic means.
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(b) For purposes of determining actual costs as defined in
subdivision (4)(B)(ii)(a), if a licensee is a subsidiary of an entity
that processes payments made by electronic means, then the
costs incurred by the licensee's parent entity are third-party costs.
(C) A licensee charging a convenience fee pursuant to this subdivision
(4) shall notify the insured of the amount of the fee prior to completing a
transaction, provide an opportunity for the insured to cancel the transaction
without incurring a fee, and make available the option to make a payment on a
loan by check, cash, or money order directly to the licensee without the
imposition of a convenience fee for a card payment or electronic payment.
(D) When an insured elects to make a payment to the licensee by credit
card, debit card, electronic funds transfer, electronic check, or other electronic
means and a convenience fee is imposed and collected pursuant to this
subdivision (4), the payment of the convenience fee is not refundable.
(E) The convenience fee described in this subdivision (4) may be
charged in addition to all other interest and fees allowed by law.
(F) A licensee shall not charge a convenience fee on any debit card or
prepaid card transaction if the payment card network on which the transaction is
initiated or processed prohibits such convenience fee by contract, rule, or policy.
(5) Licensees may also charge and collect from the insured, through regular
billing procedure or otherwise, a handling charge pursuant to § 47-29-102 for a draft,
check, electronic funds transfer, electronic check, card payment, or any other electronic
payment, negotiable order of withdrawal, or like instrument drawn on a bank or other
depository institution given by any person in full or partial repayment of a loan or other
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extension of credit if the instrument is not paid or dishonored by the institution; provided,
that a licensee:
(A) May redeposit the instrument with the institution or return the
dishonored instrument to the insured or person to whom the credit was extended
upon redemption of the instrument; and
(B) Shall not collect more than one (1) handling charge on any one (1)
check or electronic debit authorization.
(6) The charges referred to in this section must not be considered directly or
indirectly in determining whether a violation of usury laws has occurred under a premium
finance agreement.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.