Questionnaire on a Proposed Consumer Protection Framework for the Alternative Consumer Credit Market

The proposed framework

Printable Versions

To ensure that your views with respect to the "Stakeholder Consultation Document on a Proposed Consumer Protection Framework for the Alternative Consumer Credit Market" are properly received, please complete and submit this questionnaire. The numbering of the first 16 questions corresponds to the numbering of "Items" within the consultation document. Please refer to the consultation document when responding to these questions.

Additional questions relate to the completeness of the 16 items presented in the consultation document and the cumulative impact that addressing any or all of these 16 items would have on the marketplace. Space is included at the end of this questionnaire for further comments.

Name and organization information is requested to help us in analyzing responses. Information collected through this consultation will not be used in a manner that attributes such information to specific individual respondents.

  • Your Name:
  • Date:
  • Your company / organization:
  • Address:
  • Phone Number: (Phone number is requested in case that we need to clarify your responses.)

Please provide comments no later than January 31, 2005, to:

Consumer Measures Committee
c/o: Office of Consumer Affairs
Industry Canada
235 Queen Street
Ottawa, ON K1A 0H5
Fax: (613) 952-6927
E-mail: clarke.david@ic.gc.ca

1 - Should there be an alternative maximum charge structure allowed specifically for small short-term loans?
Yes
No
Comments:
2.a) Should alternative consumer credit market loans be defined as loans for a maximum principal not exceeding $1,500?
Yes
No
Comments / alternatives:
2.b) Should alternative consumer credit market loans be defined as loans for a maximum term, regardless of extension or default, not exceeding 62 days?
Yes
No
Comments / alternatives:
3) Should there be a restriction on default and penalty charges that can be charged to a borrower of a small short-term loan? For example, the borrower of a small short-term loan could only be charged the NSF charges assessed by a financial institution.
Yes
No
Comments:
4) Should there be a clear and specific prohibition against misrepresenting the reasons for fees charged with respect to small short-term loans, such as the charge for a credit check where no credit check is performed?
Yes
No
Comments:
5) Should jurisdictions ensure that cost of credit disclosure rules (commonly called "truth in lending" laws) apply to alternative consumer credit market loans? This would include disclosure of an annualized percentage rate.
Yes
No
Comments
6.a) Should contract or disclosure documentation related to an alternative consumer credit market loan be required to include a plain language warning of the high cost of credit?:
Yes
No
Comments
6.b) Should contract or disclosure documentation related to an alternative consumer credit market loan be required to include contact information for making a complaint to authorities?
Yes
No
Comments:
7.a) Should "rollovers" be prohibited in the alternative consumer credit market?
Yes
No
Comments
7.b) Where a borrower cannot repay an alternative consumer credit market loan on its repayment date, should the lender be required to accept repayment by instalment within the borrower's ability to pay?
Yes
No
Comments / alternatives:
8) Should the practice of "discounting" alternative consumer credit market loans be prohibited?
Yes
No
Comments
9) Should the use of wage assignments be prohibited with respect to alternative consumer credit market loans? Note that wage assignments are already prohibited in some Canadian jurisdictions.
Yes
No
Comments
10) Should title loans, such as auto pawns, be prohibited?
Yes
No
Comments:
11) Should rules respecting prohibited debt collection practices be applied to alternative consumer credit market loans, regardless of whether collection activities are provided by third party debt collectors? Note that some Canadian jurisdictions already apply such rules to both "in house" and third party collection activities.
Yes
No
Comments:
12.a) With respect to contact information for independent credit counselling services, should those providing small short-term loans be required to provide such contact information within contract or disclosure documentation?
Yes
No
Comments:
12.b) With respect to contact information for independent credit counselling services, should those providing small short-term loans be required to prominently post such contact information within their outlets?
Yes
No
Comments:
13) Should those providing small short-term loans be required to provide their customers with copies of loan contracts, receipts for payments, and statements of account for instalment payments?
Yes
No
Comments:
14) Should borrowers in the alternative consumer credit market be given the right to rescind a loan without cost (repayment of principal only) by the close of the next business day following the day on which the loan was taken out? Note that a 48 hour rescission right is already in place in Québec.
Yes
No
Comments:
15) Relating to small short-term loans, should the reporting of all information, including default information, to the mainstream credit reporting system be prohibited?
Yes
No
Comments:
16) Should lenders offering small short-term loans be prohibited from co-locating with or within gaming facilities (i.e., casinos)?
Yes
No
Comments:
17) Are there other items not included above that would need to be addressed within a consumer protection framework for the alternative consumer credit market? If so, why?
Yes
No
Comments:
18) What would be the cumulative impact of addressing any or all of the items included above on the alternative consumer credit market? Please comment on the impacts to both industry members and consumers.
Yes
No
Comments:
19) Other comments.
Comments:

Link to the proposed framework