(3)__This section is subject to law other than this Article that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes.

(4)__In a consumer transaction, if a record evidences the account debtor's obligation, law other than this Article requires that the record include a statement to the effect that the account debtor's recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement.

(5)__This section does not apply to an assignment of a health- care-insurance receivable.

Official Comment

1. Source. Former Section 9-318(1).

2. Purpose; Rights of Assignee in General. Subsection (a) [Maine cite subsection (1)], like former Section 9-318(1), provides that an assignee generally takes an assignment subject to defenses and claims of an account debtor. Under subsection (a)(1) [Maine cite subsection (1), paragraph (a)], if the account

debtor's defenses on an assigned claim arise from the transaction that gave rise to the contract with the assignor, it makes no difference whether the defense or claim accrues before or after the account debtor is notified of the assignment. Under subsection (a)(2) [Maine cite subsection (1), paragraph (b)], the assignee takes subject to other defenses or claims only if they accrue before the account debtor has been notified of the assignment. Of course, an account debtor may waive its right to assert defenses or claims against an assignee under Section 9-403 [Maine cite section 9-1403] or other applicable law. Subsection (a) [Maine cite subsection (1)] tracks Section 3-305(a)(3) more closely than its predecessor.

3. Limitation on Affirmative Claims. Subsection (b) [Maine cite subsection (2)] is new. It limits the claim that the account debtor may assert against an assignee. Borrowing from Section 3-305(a)(3) and cases construing former Section 9318, subsection (b) generally does not afford the account debtor the right to an affirmative recovery from an assignee.