(1) For a consumer loan where the amount financed is not more than one thousand dollars, a supervised lender may charge, in lieu of the loan finance charges permitted by section 5-2-201, the following finance charges:
An acquisition charge for making the original loan, not to exceed ten percent of theamount financed;
(a.5) An acquisition charge for making any refinanced loan, not to exceed seven and one-half percent of the amount financed; and
A monthly installment account handling charge, not to exceed the following amounts:
Amount financedPer month charge
$100.00 - $ 300$12.50
$300.01 - $ 500$15.00
$500.01 - $ 750$17.50
$750.01 - $ 1,000$20.00
The minimum term of a loan made pursuant to this section shall be ninety days. Themaximum term of a loan made pursuant to this section shall be twelve months. All loans shall be scheduled to be payable in substantially equal installments at equal periodic intervals.
On a loan subject to the alternative charges authorized by this section, no other finance charge or any other charge or fee is permitted except as specifically provided for in this section and except for the delinquency charges provided for in section 5-2-203, reasonable attorney fees provided for in section 5-5-112, and the fee for a dishonored check provided for in section 5-2-202 (1)(e)(II).
The acquisition charge authorized in this section shall be fully earned at the time theloan is made and shall not be subject to refund; except that, if the loan is prepaid in full, refinanced, or consolidated within the first sixty days, the first ten dollars of the acquisition charge shall be retained by the lender and the remainder of the acquisition charge shall be refunded at a rate of one-sixtieth of the remainder of the acquisition charge per day, beginning on the day after the date of the prepayment, refinancing, or consolidation and ending on the sixtieth day after the loan was made.
Upon the prepayment of a loan made pursuant to this section, the unearned portion ofthe installment account handling charge shall be refunded to the consumer. The unearned portion of the installment account handling charge that is refunded shall be calculated pursuant to the provisions on rebate upon prepayment contained in section 5-2-211 on the date of refinancing; except that, for the purpose of computing this amount, no minimum charge described in section 5-2-201 shall be allowed.
The rates and charges permitted by this section shall not apply to deferred depositloans subject to article 3.1 of this title.
A lender shall not take collateral from a consumer as security for payment for anyloan made pursuant to this section.
A lender may not refinance a loan made pursuant to this section more than threetimes in one year.
Source: L. 2004: Entire section added, p. 589, § 1, effective August 4. L. 2007: (1)(a) and (5) amended and (1)(a.5), (7), and (8) added, p. 711, §§ 1, 2, effective August 3.