Insurance Budgeting, Inc

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IN THE MATTER OF INSURANCE BUDGETING, INC., ET AI,.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND TRUTH IN LENDING ACTS Docket 262."J. Complaint, Jan. , 1975 - Decision, Jan. , 1975 Consent order requiring a Providence, R. . insumnce premium financier, among other things to cease violating the Trth in Lending Act by failing to disclose to consumers, in connection with the extension of consumer credit, such information as required by Regulation Z of the said Act. Appearances For the Commission: Marc A. Comras.

For the respondents: Pro se.

COMPLAINT Pursuant to the provisions of the Truth in Lending Act and the implementing regulation promulgated thereunder, and the Federal Trade Commission Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Insurance Budgeting, Inc., a corporation, and Richard A. I/Europa individually and as an officer of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and implementing regulation, and it appcarng to the Commission that a proceeding by it in respect thereof would be in the public interest hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent Insurance Budgeting, Inc. is a corporation organized, existing and doing business under and by viue of the laws of the State of Rhode Island and Providence Plantations, with its principal offce and place of business located at 10 Dorrance St. Providence, R.

Respondent Richard A. L'Europa is an officer of the corporate respondent. He formulates, directs and controls the policies, acts and practices of the corporatior1, including the acts and practices hereinafter set forth. His address is the same as that of thc corporate respondent. .

PAR. 2. Respondents are now, and for some time last past have been engaged in the business of lending money to the puhlic in connection with the financing of insurance premiums.

PAR. 3. In the ordinary course and conduct of their business as aforesaid, respondents regularly extend consumer credit, as "consumer Decision and Order 85 F. credit" is defined in Regulation Z, the implementing regulation of the Truth in Lending Act, duly promulgated by the Board of Governors of the Federal Reserve System.

PAR. 4. Subsequent to July 1, 1969, respondents in the ordinary course of business as aforesaid, have caused and are causing to be extended consumer credit as "consumer credit" is defined in Regulation , and have caused and are causing customers to execute a binding premium financing agreement, hereinafter referred to as the agreement." Respondents do not provide these customers with any other consumer credit cost disclosures.

By and through the use of the agreement respondents: 1. Failed in some instances to disclose the sum of the c3"h price, all charges which are included in the amount financed but which are not part of the finance charge, and the finance charge, and to describe that sum as the "deferred payment price " as required by Section 226.8(c)(8)(ii) of Regulation Z.

2. Failed in some instances to disclose the annual percentage rate computed in accordance with Section 226.5 of Regulation Z, as required by Section 226.8(b)(2) of Regulation Z.

3. Failed in some instances to disclose the annual percentage rate accurately to the nearest quarter of one percent in accordance with the provisions of Section 226.5 of Regulation Z, as required by Section 226.8(b)(2) of Regulation Z.

4. Provide additional information which misleads or confuses the customer or obscures or detracts attention from the information required to be disclosed by Regulation Z, in violation of Section 226.6(c) of Regulation Z.

5. Failed to make the disclosures required by Section 226.8 of Regulation Z clearly, conspicuously and in a meaningful sequence, as required by Section 226.6(a) of Regulation Z. PAR. 5. Pursuant to Section \03(q) of the Trth in Lending Act respondents' aforesaid failures to comply with the provisions of Regulation Z constitute violations of that Act and, pursuant to Section \08 thereof, respondents have thereby violated the Federal Trade Commission Act.

DECISION ANO ORDER The Federal Trde Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furshed thereafter with a copy of a draft of complaint which the Boston Regional Office proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation of the , .

Ultftl'\L,.r DUUUl:.l.lJ."\. 1."""" D c;u... Decision and Order Truth in Lending Act and the implementing regulation promulgated thereunder and violation of the Federal Trade Commssion Act; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agrement is for settement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint and waivers and other provisions as required by the Commission rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in furher conformty with the procedure prescribed in Section 2.34(b) of the rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Insurance Budgeting, Inc. is a corporation organied existing and doing business under and by virue of the laws of the State of Rhode Island and Providence Plantations, with its principal offce and place of business located at 10 Dorrnce St., Providence, R.I. Respondent Richard A. I/Europa is an offcer of said corpration. He fonnulates, directs and controls the policies, acts and practices of said corporation, and his principal office and place of business is located at the above stated address.

2. The Federal Trade Commission has jursdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered That respondents Insurance Budgeting, Inc., a corporation, its successors and assigns, and its officers, and Richard A. Europa, individually and as an officer of said corporation, and respondents' agents, representatives and employees, directly or through any corporation, subsidiary, division or other device, in connection with any extension of consumer credit or advertisement to aid, promote or assist directly or indirectly, any extension of consumer credit, as "consumer credit" and "advertisement" are defined in Regulation Z (12 C. R. 9226) of the Trth in Lending Act (Pub. L. 90- 321 15 D. C. 1601 et seq. do forthwith cease and desist from: 1. Failing to disclose the sum of the cash price, all charges which are Decision and Order 85 F. included in the amount financed but which are not par of the finance charge, and the finance charge, and to describe that sum as the deferred payment price" as required by Section 226.8(c)(8)(ii) of Regulation Z.

2. Failing to disclose the annual percentap;e rate, computed in accordance with Section 226.5 of Regulation Z, as required by Section 226.8(b)(2) of Regulation Z.

3. Failng to disclose the annual percentap;e rate accurately to the nearest quarter of one percent in accordance with Section 226.5 of Regulation Z, as required by Section 226.8(b)(2) of Regulation Z. 4. Stating, utilzing or placing any additional information in conjunction with the disclosures required by Regulation Z to be made which information misleads or detracts attention from the information required by Regulation Z to be disclosed.

5. Failng to make all disclosures required by Regulation Z clearly, conspicuously, and in meaningful sequence, as required by Section 226.6(a) of Regulation Z.

6. Failing in any consumer credit transaction or advertisement to make all disclosures determined in accordance with Sections 226.4 and 226.5 of Regulation Z at the time and in the manner, form and amount required by Sections 226. , 226.8 and 226.10 of Regulation Z. It is further ordered That respondents deliver a copy of this order to all present and future personnel of respondents now or hereafter engaged in the consummation of any extension of consumer credit or in any aspect of the preparation, creation or placing of advertising, and that respondents secure a signed statement acknowledp;ng receipt of said order from each such person.

It is That respondents notify the Commission at further ordered least thiry (30) days prior to any proposed change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other chanp;e in the corporation which may affect compliance obligations arising out of the order. It is further ordered That the individual respondent named herein promptly notify the Commission of the discontinuance of his present business or employment. Such notice shall include respondent's current business address and a statement as to the nature of the business or employment inwhich he is engaged as well as a description of his duties and responsibilties.

It is further ordered That the respondents herein shall within sixty fie with the (60) days after service upon them of this order, Commission a report, in writinp;, setting forth in detail the manner and form in which they have complied with this order. HOLIDAY MAGIC, INC.. B:T AL.

Order