Ohio § 1321.16

§ 1321.16.

(A) A licensee may make open-end loans pursuant to an agreement between the licensee

and the borrower whereby: (1) The licensee may permit the borrower to obtain advances of money from the licensee

from time to time or the licensee may advance money on behalf of the borrower from

time to time as directed by the borrower. (2) The amount of each advance and permitted interest, charges, and costs are debited

to the borrower's account and payments and other credits are credited to the same

account. (3) The interest and charges are computed on the unpaid balance or balances of the account

from time to time. (4) The borrower has the privilege of paying the account in full at any time or, if the

account is not in default, in monthly installments of fixed or determinable amounts

as provided in the agreement. For open-end loans, “ billing cycle ” means the time interval between periodic billing dates.  A billing cycle shall be considered monthly if the closing date of the cycle is

the same date each month or does not vary by more than four days from such date. (B) Notwithstanding any other provisions of the Revised Code, a licensee may contract

for and receive interest for open-end loans at a rate or rates not exceeding those

provided in division (A) of section 1321.13 of the Revised Code and may compute interest in each billing cycle by either of the following methods: (1) By multiplying the daily rate or rates by the daily unpaid balance of the account,

in which case the daily rates are determined by dividing the annual rates by three

hundred sixty-five; (2) By multiplying the monthly rate or rates by the average daily unpaid balance of the

account in the billing cycle, in which case the average daily unpaid balance is the

sum of all of the daily unpaid balances each day during the cycle divided by the number

of days in the cycle.  The monthly rates are determined by dividing the annual rates by twelve. The billing cycle shall be monthly and the unpaid balance on any day shall be determined

by adding to any balance unpaid as of the beginning of that day all advances and permitted

interest, charges, and costs and deducting all payments and other credits made or

received that day. (C) In addition to the interest permitted in division (B) of this section, a licensee

may charge and receive or add to the unpaid balance any or all of the following: (1) All charges and costs authorized by divisions (E) , (F) , (G) , (H) , and (J) of section 1321.13 of the Revised Code ; (2) An annual credit line charge, for the privilege of maintaining a line of credit,

for the first year not exceeding the greater of one per cent of the original credit

line or thirty dollars, and for subsequent years not exceeding twenty dollars; (3) A default charge on any required minimum payment not paid in full within ten days

after its due date.  For this purpose, all required minimum payments are considered paid in the order

in which they become due.  The amount of the default charge shall not exceed the greater of five per cent of

the required minimum payment or five dollars. (D) The borrower at any time may pay all or any part of the unpaid balance on the account

or, if the account is not in default, the borrower may pay the unpaid balance in installments

subject to minimum payment requirements as determined by the licensee and set forth

in the open-end loan agreement. (E) If credit life insurance or credit accident and health insurance is obtained by the

licensee and if the insured dies or becomes disabled when there is an outstanding

open-end loan indebtedness, the insurance shall be sufficient to pay the unpaid balance

on the loan due on the date of the borrower's death in the case of credit life insurance

or all minimum payments that become due on the loan during the covered period of disability

in the case of credit accident and health insurance.  The additional charge for credit life insurance, credit accident and health insurance,

or unemployment insurance shall be calculated each billing cycle by applying the current

monthly premium rate for the insurance, filed by the insurer with the superintendent

of insurance and not disapproved by the superintendent, to the unpaid balances in

the borrower's account, using one of the methods specified in division (B) of this

section for the calculation of interest.  No credit life insurance, credit accident and health insurance, or unemployment

insurance written in connection with an open-end loan shall be canceled by the licensee

because of delinquency of the borrower in making the required minimum payments on

the loan unless one or more such payments is past due for a period of thirty days

or more.  The licensee shall advance to the insurer the amounts required to keep the insurance

in force during such period, which amounts may be debited to the borrower's account. (F) Whenever there is no unpaid balance in an open-end loan account, the account may

be terminated by written notice, by the borrower or the licensee, to the other party.  If a licensee has taken a security interest in personal property to secure the open-end

loan, the licensee shall release the security interest and terminate any financing

statement in accordance with section 1309.513 of the Revised Code .