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Current as of January 02, 2024 | Updated by Findlaw Staff
No licensee under this chapter has the power to charge premium loan charges other than, or in amounts greater than, the following:
(1) Licensees may charge, in the case of the precomputed loan, a service charge in an amount equal to four percent (4%) of the total amount of the loan, which charge may be deducted in advance from the principal of the premium loan; provided, that a licensee who contracts for the payment of interest on the balances from time to time outstanding, commonly referred to as a revolving or open-end account, shall be limited to contracting for a service charge not to exceed fifteen dollars ($15.00) and payable no more frequently than once per calendar year per premium loan account. This service charge shall be in lieu of all other compensation for services, expenses, detriments or commitments directly incident to the loan, except those charges that are otherwise specifically provided in this chapter. This charge is authorized and limited on the basis that it is generally reasonably related to the total costs and expenses that it is designed to cover, and in order to make the amount of the charges more certain and readily ascertainable by the registrants, their borrowers and the commissioner, and to that end registrants shall not be required to maintain detailed records with respect to the services, expenses, detriments or commitments covered thereby. This charge shall not, however, be imposed on that portion of a loan used to pay any existing loan or part thereof owing by the same borrower or spouse or both to the same licensee or any affiliated lender;
(2)(A) A premium finance agreement may provide for the payment by the insured of a delinquency charge of two dollars ($2.00) to a maximum of five percent (5%) of the delinquent installment on any installment, which is in default for a period of ten (10) days or more; provided, that the charge shall not be collected more than once for the same delinquency;
(B) If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of five dollars ($5.00);
(3) A premium finance agreement may provide for payment of collection costs, attorney's fees equal to fifteen percent (15%) of the outstanding indebtedness and any other charges that arose because one (1) party breached the contract;
(4)(A) A licensee may also impose and collect a convenience fee from any insured paying by credit card, debit card, electronic funds transfer, electronic check, or other electronic means in order to offset actual costs incurred by a licensee in accepting and processing payments made by electronic means;
(B)(i) A convenience fee collected by a licensee pursuant to this subdivision (4) must not exceed the actual costs incurred by the licensee; provided, that, a licensee may impose a convenience fee in lieu of the actual cost of the individual payment type that does not exceed the average of the actual cost incurred for the various types of electronic payments for which the licensee imposes a convenience fee;
(ii)(a) As used in subdivision (4)(B)(i), “actual cost” means actual third-party costs incurred for the processing of payments made by electronic means;
(b) For purposes of determining actual costs as defined in subdivision (4)(B)(ii)(a), if a licensee is a subsidiary of an entity that processes payments made by electronic means, then the costs incurred by the licensee's parent entity are third-party costs;
(C) A licensee charging a convenience fee pursuant to this subdivision (4) shall notify the insured of the amount of the fee prior to completing a transaction, provide an opportunity for the insured to cancel the transaction without incurring a fee, and make available the option to make a payment on a loan by check, cash, or money order directly to the licensee without the imposition of a convenience fee for a card payment or electronic payment;
(D) When an insured elects to make a payment to the licensee by credit card, debit card, electronic funds transfer, electronic check, or other electronic means and a convenience fee is imposed and collected pursuant to this subdivision (4), the payment of the convenience fee is not refundable;
(E) The convenience fee described in this subdivision (4) may be charged in addition to all other interest and fees allowed by law;
(F) A licensee shall not charge a convenience fee on any debit card or prepaid card transaction if the payment card network on which the transaction is initiated or processed prohibits such convenience fee by contract, rule, or policy;
(5) Licensees may also charge and collect from the insured, through regular billing procedure or otherwise, a handling charge pursuant to § 47-29-102 for a draft, check, electronic funds transfer, electronic check, card payment, or any other electronic payment, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan or other extension of credit if the instrument is not paid or dishonored by the institution; provided, that a licensee:
(A) May redeposit the instrument with the institution or return the dishonored instrument to the insured or person to whom the credit was extended upon redemption of the instrument;
(B) Shall not collect more than one (1) handling charge on any one (1) check or electronic debit authorization; and
(6) The charges referred to in this section must not be considered directly or indirectly in determining whether a violation of usury laws has occurred under a premium finance agreement.
Cite this article: FindLaw.com - Tennessee Code Title 56. Insurance § 56-37-109 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-56-insurance/tn-code-sect-56-37-109/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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