Guam Guarantor - Consignor Notice Required by FTC on certain Transactions

State:
Multi-State
Control #:
US-GUARANTY
Format:
Word; 
Rich Text
Instant download

Description

The Rule applies to consumer credit contracts offered by finance companies, retailers (such as auto dealers and furniture and department stores), and credit unions for any personal purpose except to buy real estate.


When you agree to be a cosigner for someone else's debt, you are guaranteeing to pay if that person fails to pay the debt. The Rule requires that you be given a notice that explains the responsibility you are undertaking. Under the Rule, the cosigner notice must say:


You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.


The creditor can collect this debt from you without first trying to collect from the borrower.* The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.


This notice is not the contract that makes you liable for the debt.


* Depending on your state, this may not apply. If state law forbids a creditor from collecting from a cosigner without first trying to collect from the primary debtor, this sentence may be crossed out or omitted on your cosigner notice.


This notice is not required when you receive benefits from the contract, such as when you buy goods, take out a loan, or open a joint credit-card account with another person. In these cases, you would be a co-buyer, co-borrower, or co-applicant (co-cardholder) rather than a cosigner. Therefore, the creditor would not be required to provide the notice.

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FAQ

Examples of Federal Trade Commission Actions In 1996, the FTC implemented the Funeral Rule Offenders Program, which allows offending funeral homes to make a voluntary payment to the U.S. Treasury or an appropriate state fund in exchange for not having to go to court.

An opt out right gives a party to an agreement discretion over certain practices that, while legal, require firms to seek permission before acting. When the right exists, parties may give notice that they do not wish to abide by the terms covered by the right, and the counterparty must honor those terms.

The FTC Act prohibits unfair or deceptive advertising in any medium. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if relevant information is left out or if the claim implies something that's not true.

A financial institution must provide an annual notice at least once in any period of 12 consecutive months during the continuation of the customer relationship. Generally, new privacy notices are not required for each new product or service.

The FTC Act prohibits unfair or deceptive advertising in any medium. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if relevant information is left out or if the claim implies something that's not true.

Consumers who are not customers are entitled to an initial privacy and opt out notice only if their financial institution wants to share their nonpublic personal information with nonaffiliated third parties outside of the exceptions.

Opt-Out Notices The opt-out notice must describe a "reasonable means" for consumers and customers to opt out. They must receive the notice and have a reasonable opportunity to opt out before you can disclose their NPI to these nonaffiliated third parties.

PAGE 6 of PRIVACY NOTICES Revised notices are required for all consumers and all customers prior to a bank's disclosure of nonpublic personal information to a third party. This is true when there is a change in the bank's information sharing practices that involves a consumer's ability to opt out.

The GLBA privacy rules, as enforced by the various regulators, generally require: Clear and conspicuous notice of the financial institution's information-sharing policies and practices, including what information it collects and with whom it shares the information.

More info

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Guam Guarantor - Consignor Notice Required by FTC on certain Transactions