QUESTION
We were recently cited because we did not distinguish between a
promotional rate and a discounted rate in our advertisements. What is the
difference between promotional and discounted rates?
ANSWER
A promotional rate, in connection with a variable rate plan, is an APR
that is not based on the index and margin that will be used to make rate
adjustments under the plan, if that rate is less than reasonably current APR
that would be in effect under the index and margin which will be used to make
rate adjustments under the plan. [12 CFR § 226.16(d)(6)(i)(A); 12 CFR
Supplement I to part 226 – Official Staff Commentary § 226.16(d)-5.i]
The promotional rate is quite a bit different than a discounted rate,
because a discounted rate is the initial APR that is not based on the
index and margin used to make later rate adjustments in a variable rate plan.
[12 CFR § 226.16(d)(2)]
So, a discounted rate encompasses only an initial rate, whereas a
promotional rate encompasses a rate that could be in effect any time during the
life of a credit transaction. A rate can be both a discounted rate and a
promotional rate and subject to the disclosure requirements for both types of
rates.
Jonathan Foxx
President & Managing Director
Lenders Compliance Group
