Be Cautious Making Sales With Installment Payments

Posted on Wednesday, February 06, 2019

Installment sales contracts have become an important tool for companies looking for ways to boost sluggish sales.

In some court cases, consumers' installment contracts have been ruled unenforceable under the "doctrine of unconscionability." This involves a contract so unfair and one-sided that it literally "shocks the conscience of the court."

Before rushing in and offering consumers the ability to buy products or services "on time," you should understand that both federal and state laws closely regulate these types of sales and failing to meet the terms of these laws can be costly.

In one case, Service Corporation International, the world's largest funeral industry company, settled a consumer lending class-action lawsuit that arose from the company's use of installment contracts for a potential of nearly $3 million.

Details of the Lawsuit

In the lawsuit, filed in Miami, consumers claimed that under the installment contract used to purchase SCI's "Memorial Plan" SCI charged illegally high processing fees, and failed to disclose finance charges, the amount financed, and the annual interest rate to consumers. In addition, the suit alleged that SCI failed to provide consumers with copies of the paperwork as required by law.

Although SCI admitted no wrong doing in the case, it did agree to pay $50,000 cash to consumers with claims under federal law. The company also agreed to provide coupons worth $175 to some 16,000 customers with claims arising under state law. Finally, the company agreed to an injunction, which bars it from continuing to use the contract in question and lowers the processing fee in the future from $50 to just $10. (Brown v. SCI Funeral Services of Florida, Inc. [S.D.FLA. 2003])

While laws vary from state to state, companies should always keep in mind that installment contracts must provide full disclosure of the terms of the loan. The annual percentage rate (APR) of the loan must be specified. Finance charges must be disclosed, and the amount financed (the amount of the loan) must be specified.

Conspicuous Disclosure

In addition, added fees for processing, etc. must never be so high that the total cost of the loan is so high that it runs afoul of state usury laws. Care must be taken when drafting a company's contract for installment sales that all necessary disclosures are conspicuously made.

There also are separate federal and state laws involving the advertising of offers involving installment payments.

While full disclosure of the terms of the lending agreement is of paramount importance for any company considering installment contracts, it is also important to remember that many states have additional requirements. For example, some states require that consumer installment contracts be written in clear, concise, plain English. Some even specify the size of the type that must be used when printing such agreements.

Don't bury important aspects of lending agreements in legal jargon and "fine print." Information should be disclosed clearly and conspicuously so that consumers can evaluate the merits of an offer and make an informed purchasing decision.

Posted in Tax Topics For Individuals, Tax And Accounting Topics For Business

Disclaimer: The information contained in Dulin, Ward & DeWald’s blog is provided for general educational purposes only and should not be construed as financial or legal advice on any subject matter. Before taking any action based on this information, we strongly encourage you to consult competent legal, accounting or other professional advice about your specific situation. Questions on blog posts may be submitted to your DWD representative.

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