Consumer Rental Purchase Agreement Act

Fact Sheet API

Bill Number

HR 1701

Introduced

May 3, 2001

Latest Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Sponsor

Cosponsors

Topics

Administrative fees Administrative procedure Advertising Civil actions and liability Class actions (Civil procedure) Commerce Consumer credit Consumer education Consumer protection Contracts Costs Crime and Law Enforcement Criminal liability Damages Deceptive advertising Evidence (Law) Federal preemption Federal Reserve System Federal-state relations Fees Finance and Financial Sector Financial statements Fines (Penalties) Government liability Government Operations and Politics Government paperwork Insurance premiums Interest rates Labeling Law Lease and rental services Leases Legal fees Liability (Law) Liability insurance Limitation of actions Parties to actions Prices Radio Rent Restrictive trade practices Science, Technology, Communications State laws Surety and fidelity Telephone Television advertising Warranties

Full Text

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Votes

Summary

Consumer Rental Purchase Agreement Act - (Sec. 3) Amends the Consumer Credit Protection Act to mandate that a rental-purchase agreement contain clear and conspicuous disclosures signed by the consumer before the agreement is consummated, including the following: (1) a separate identification of fees, charges, or penalties; (2) a statement that the transaction is a rental-purchase agreement and that the consumer will not obtain ownership of the property until the consumer has paid the total dollar amount necessary to acquire ownership; (3) the initial payment, including the first periodic payment and required fees, taxes, or other charges; (4) the cash price of the property, and the aggregate cash price of all rental-purchase agreement items; (5) the amount and timing of periodic payments, and the total payments necessary to acquire ownership; (6) the total cost, using an expression such as "This is the amount you will pay if you make all periodic payments to acquire ownership of the property"; and (7) a statement of the consumer's right to terminate the agreement without paying any fee or charge not previously due.

Prohibits a rental-purchase agreement from containing: (1) a confession of judgment; (2) a negotiable instrument; (3) a wage assignment; (4) a claim of a property interest in any goods, except those provided by the agreement; (5) a waiver of legal claim or remedy; (6) a requirement that, in the event the property subject to the agreement is lost, stolen, damaged, or destroyed, the consumer pay an amount exceeding certain guidelines; (7) an authorization for the merchant or an agent to enter the consumer's premises without the consumer's consent or to commit any other breach of the peace in connection with repossession of the rental property or collection of any alleged obligation due under the agreement; (8) a requirement that the consumer purchase insurance or a liability damage waiver covering the subject property, except as regulations permit; or (9) a requirement that the consumer pay more than one late fee for an unpaid or delinquent periodic payment.

Sets forth consumer protections governing: (1) statements of accounts; (2) renegotiations and extensions; (3) point of sale disclosures; and (4) rental purchase advertising.

Establishes civil and criminal liability for violations of this Act.

Declares that an action for civil liability may be brought against a merchant's assignee only if the violation is apparent on the face of a rental-purchase agreement to which it relates, including, but not limited to, a disclosure that can be determined to be incomplete or inaccurate from the face of the agreement.

Grants enforcement powers to the Federal Trade Commission and to State attorneys general.

Preempts State laws relating to characterization of a transaction to the extent that they: (1) are inconsistent with this Act; (2) regulate a rental-purchase agreement as a form of consumer credit; (3) impute to a rental-purchase agreement the creation of a debt or extension of credit, or (4) require the disclosure of a percentage rate calculation, including a time-price differential, an annual percentage rate, or an effective annual percentage rate.

Actions

Sep 19, 2002

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Sep 18, 2002

Motion to reconsider laid on the table Agreed to without objection.
Sep 18, 2002

On passage Passed by recorded vote: 215 - 201, 1 Present (Roll no. 395). (text: CR H6329-6332)
Sep 18, 2002

Passed/agreed to in House: On passage Passed by recorded vote: 215 - 201, 1 Present (Roll no. 395).(text: CR H6329-6332)
Sep 18, 2002

On motion to recommit with instructions Failed by recorded vote: 190 - 227 (Roll no. 394). (text: CR H6339)
Sep 18, 2002

The previous question on the motion to recommit with instructions was ordered without objection.
Sep 18, 2002

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Waters motion to recommit with instructions.
Sep 18, 2002

Ms. Waters moved to recommit with instructions to Financial Services. (consideration: CR H6339-6341)
Sep 18, 2002

The previous question was ordered pursuant to the rule.
Sep 18, 2002

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1701.
Sep 18, 2002

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
Sep 18, 2002

POSTPONED VOTE - At the conclusion of debate the Chair put the question on the adoption of the Waters amendment and by voice vote, the Chair announced that the noes had prevailed. Mrs. Waters demanded a recorded vote and the Chair postponed further proceedings on the amendment.
Sep 18, 2002

DEBATE - Pursuant to the provisions of H. Res. 528, the Committee proceeded with 20 minutes of debate on the amendment offered by Ms. Waters.
Sep 18, 2002

POSTPONED VOTE - At the conclusion of debate the Chair put the question on the adoption of the LaFalce amendment and by voice vote, the Chair announced that the noes had prevailed. Mr. LaFalce demanded a recorded vote and the Chair postponed further proceedings on the amendment.
Sep 18, 2002

DEBATE - Pursuant to the provisions of H. Res. 528, the Committee proceeded with 20 minutes of debate on the amendment offered by Mr. LaFalce.
Sep 18, 2002

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1701.
Sep 18, 2002

The Speaker designated the Honorable Johnny Isakson to act as Chairman of the Committee.
Sep 18, 2002

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 528 and Rule XXIII.
Sep 18, 2002

Rule provides for consideration of H.R. 1701 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
Sep 18, 2002

Considered under the provisions of rule H. Res. 528. (consideration: CR H6320-6341)
Sep 18, 2002

Rule H. Res. 528 passed House.
Sep 17, 2002

Rules Committee Resolution H. Res. 528 Reported to House. Rule provides for consideration of H.R. 1701 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
Sep 9, 2002

Placed on the Union Calendar, Calendar No. 396.
Sep 9, 2002

Reported (Amended) by the Committee on Judiciary. H. Rept. 107-590, Part II.
Sep 5, 2002

Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 12.
Sep 5, 2002

Committee Consideration and Mark-up Session Held.
Jul 18, 2002

Referred sequentially to the House Committee on the Judiciary for a period ending not later than Sept. 9, 2002 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(K), rule X.
Jul 18, 2002

Reported (Amended) by the Committee on 107-590, Part I.
Jun 27, 2002

Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 9.
Jun 27, 2002

Committee Consideration and Mark-up Session Held.
Jun 26, 2002

Committee Consideration and Mark-up Session Held.
Jun 6, 2002

Committee Consideration and Mark-up Session Held.
Nov 28, 2001

Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 24 - 4.
Nov 28, 2001

Subcommittee Consideration and Mark-up Session Held.
Sep 6, 2001

Subcommittee Consideration and Mark-up Session Held.
Jul 12, 2001

Subcommittee Hearings Held.
May 14, 2001

Referred to the Subcommittee on Financial Institutions and Consumer Credit.
May 3, 2001

Referred to the House Committee on Financial Services.
May 3, 2001

Introduced in House

Amendments

Related Bills