Application of the Truth in Lending Act to buy now pay later loans

(a)

In general

The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended—(1)in section 103, by adding at the end the following:

(ff)

Buy now, pay later loan

The term buy now, pay later loan means a closed-end consumer loan for a retail transaction that—(1)is repaid in not more than 4 interest-free installments; and(2)does not impose a finance charge.

;

(2)in section 127(a), by striking under an open end consumer credit plan and inserting under an open end consumer credit plan or a buy now, pay later loan each place it occurs;(3)in section 127(b), by striking under an open end consumer credit plan and inserting under an open end consumer credit plan or a buy now, pay later loan each place it occurs;(4)in section 170—(A)in the section heading, by striking

Rights of credit card customers.

and inserting

Rights of credit card customers and buy now, pay later loan customers.

;(B)in subsection (a)—(i)by striking a card issuer who has issued a credit card to a cardholder pursuant to an open end consumer credit plan and inserting a card issuer who has issued a credit card to a cardholder pursuant to an open end consumer credit plan or a creditor who has provided a buy now, pay later loan to a consumer;(ii)by striking in which the credit card and inserting in which the credit card or buy now, pay later loan;(iii)by striking honoring the credit card and inserting honoring the credit card or buy now, pay later loan each place it occurs;(iv)by striking provided by the cardholder and inserting provided by the cardholder or consumer;(v)by striking defenses against a card issuer and inserting defenses against a card issuer or creditor;(vi)by striking is the same person as the card issuer and inserting is the same person as the card issuer or creditor;(vii)by striking is controlled by the card issuer, and inserting is controlled by the card issuer or creditor,;(viii)by striking common control with the card issuer and inserting common control with the card issuer or creditor;(ix)by striking in the card issuer's products and inserting in the card issuer's or creditor’s products;(x)by striking by the card issuer in which and inserting by the card issuer or creditor in which; and(xi)by striking using the credit card issued by the card issuer and inserting using the credit card issued by the card issuer or the buy now, pay later loan provided by the creditor; and(C)in subsection (b)—(i)by striking asserted by the cardholder and inserting asserted by the cardholder or consumer;(ii)by striking at the time the cardholder first notifies the card issuer or the person honoring the credit card of such claim or defense and inserting at the time the cardholder or consumer first notifies the card issuer or creditor or the person honoring the credit card or buy now, pay later loan of such claim or defense; and(iii)by striking the cardholder's account and inserting the cardholder’s account or the consumer’s buy now, pay later loan account;(5)in section 161—(A)by striking in connection with an extension of consumer credit, and inserting in connection with an extension of consumer credit, including a buy now, pay later loan,(B)in subsection (d), by striking an open end consumer credit plan and inserting an open end consumer credit plan or a buy now, pay later loan; and(6)in section 171(a), by striking In the case of any credit card account under an open end consumer credit plan and inserting In the case of any credit card account under an open end consumer credit plan or buy now, pay later loan.(b)

Rulemaking

The Bureau of Consumer Financial Protection shall, not later than 1 year after the date of this section shall issue such rules as the Bureau of Consumer Financial Protection determines necessary to carry out the amendments made by subsection (a).