2.59.409 PROHIBITED ACTS OR PRACTICES
(1) A credit union is prohibited from engaging in any of the following acts or practices:
(a) extending credit or altering the terms or conditions of an extension of credit conditioned upon the member entering into a debt cancellation contract or debt suspension agreement with the credit union. The prohibition is commonly referred to in the regulatory context as the anti-tying provision;
(b) engaging in any practice or using any advertisement that could mislead or otherwise cause a reasonable person to reach an erroneous belief with respect to information that must be disclosed under ARM 2.59.408, including what is being offered, the cost, and/or the terms of the contract;
(c) offering debt cancellation contracts or debt suspension agreements that contain terms:
(i) giving the credit union the right unilaterally to modify the contract unless:
(A) the modification is favorable to the member and is made without additional charge to the member; or
(B) the member is notified of any proposed change and is provided a reasonable opportunity to cancel the contract without penalty before the change goes into effect; or
(ii) requiring an up-front, lump-sum single payment for the contract if the extension of credit to which the contract pertains is a residential mortgage loan.
History: 32-3-201, MCA; IMP, 32-3-609, MCA; NEW, 2011 MAR p. 2816, Eff. 12/23/11.