Pursuant to revisions to Regulation Z, effective July 1, 2010, a creditor cannot use the term “fixed” to describe an annual percentage rate (APR) “unless the creditor also specifies a time period that the rate will be fixed and the rate will not increase during that period, or if no such time period is provided, the rate will not increase while the plan is open.” 12 C.F.R. § 226.5(a)(2)(iii). While this new regulation cannot be applied retroactively in form, the United States Court of Appeals for the Ninth Circuit recently issued a decision (Rubio v. Capital One Bank) that constitutes a retroactive application in effect, despite the court’s express denial of doing same.
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Recent Updates
- Second Circuit Panel Strikes Arbitration Agreement With Class Action Waiver
- Supreme Court In CompuCredit Corp. v. Greenwood Gives Another Victory to Proponents of Arbitration
- Defying Senate, President Obama purportedly makes recess appointment of Cordray to lead CFPB
- The Fourth Circuit Declines to Put TILA Form Over Substance
- CFPB Republishes Certain Existing FTC Rules