Title 5 — Title 5

This chapter shall be known and may be cited as the “Deferred Presentment Services Act.” The purpose of this chapter is to protect consumers who enter into short-term cash advances from abuses that occur in the marketplace. This chapter shall be liberally construed to effectuate …

(a) The supervisor may promulgate reasonable rules and regulations for the implementation, administration, execution, and enforcement of this chapter. (b) Prior to adoption, amendment, or repeal of any regulation, the supervisor shall give at least 35 days’ notice of its intended…

Business in Conjunction with Other Business; Examination of Place of Business. (a) Each licensee shall keep and use in its business any books, accounts, and records that the supervisor may require to carry into effect this chapter and the administrative regulations issued hereund…

Charge. (a) Subject to the following subsections, every licensee under this chapter may charge and collect a maximum fee on any deferred presentment transaction not to exceed 17.5 percent of the amount advanced. The maximum amount that may be advanced in any deferred presentment …

(a) A licensee may not knowingly enter into a deferred presentment transaction with a customer that has outstanding deferred presentment transactions from any lender at any location that exceeds five hundred dollars ($500) for the term of the loan. (b) Before a licensee shall pre…

(a) If the supervisor determines that an applicant is not qualified to receive a license, the supervisor shall notify the applicant in writing that the application has been denied, stating the basis for denial. (b) If the supervisor denies an application or if the supervisor fail…

(a) The supervisor may, after notice and hearing, suspend or revoke any license if the supervisor finds that the licensee has knowingly or through lack of due care committed any of the following actions: (1) Failed to pay the annual license fee imposed by this chapter or an exami…

If, after a hearing, the supervisor finds that a person has violated this chapter or any administrative regulation issued pursuant to this chapter, the supervisor may take any one or more of the following enforcement actions: (1) Order the person to cease and desist violating the…

Circumstances. (a) The supervisor may enter into consent orders at any time with any person to resolve any matter arising under this chapter. A consent order shall be signed by the person to whom it is issued, or a duly authorized representative, and shall indicate agreement to t…

(a) Any person aggrieved by the conduct of a licensee under this chapter in connection with the regulated activities of the licensee may file a written complaint with the supervisor who may investigate the complaint. (b) In the course of the investigation of the complaint, the su…

Every licensee shall conspicuously post a sign, as designed by the department, notifying the public of the pertinent provisions of this chapter and any consequences related to entering into a deferred presentment transaction pursuant to this chapter. History: (Act 2003-359, p. 99…

As used in this chapter, the following terms shall have the following meanings: (1) CHECK. A debit authorization or a check signed by the maker and made payable to a person licensed under this chapter. (2) CONTINUOUS TRANSACTION. To extend a deferred presentment transaction with …

Any person who willfully makes charges in excess of those permitted by Section 5- 18A-12 or any person who willfully engages in the business of cashing deferred presentment checks in violation of Section 5-18A-3, or both, is guilty of a Class B misdemeanor for the first offense a…

All license fees and administrative penalties collected under this chapter shall be paid into the special fund provided by Section 5-2A-20, and used in the supervision and examination of applicants and licensees. History: (Act 2003-359, p. 992, §21.)

The provisions of this chapter shall not be construed to take away or negatively impact the customers’ claims in pending lawsuits against persons operating deferred presentment services on or before June 20, 2003. History: (Act 2003-359, p. 992, §22.)

(a) On or after January 1, 2004, no person shall engage in the business of deferred presentment services without having first obtained a license from the supervisor. A separate license shall be required for each location from which the business is conducted. (b) Trust companies, …

(a) Each applicant for a license shall satisfy all of the following requirements to qualify for a license: (1) Have a financial statement showing that the applicant has at least twenty thousand dollars ($20,000) in unencumbered cash assets or its equivalent available for each loc…

Each application for a license shall be in writing and under oath to the supervisor, in a form prescribed by the supervisor, and shall include the legal name, residence, business address, and telephone number of the applicant. If the applicant is a partnership, association, or co…

Each application for a license shall be accompanied by all of the following: (1) A nonrefundable license fee of five hundred dollars ($500) for each location, office, or branch at which the applicant conducts business. The license fees are subject to increase by the supervisor th…

(a) Upon the filing of an application in the form prescribed by the supervisor, accompanied by the fee and documents required pursuant to Section 5-18A-6, the supervisor shall investigate to ascertain whether the qualifications prescribed by Section 5-18A-4 have been satisfied. I…

The prior written approval of the supervisor shall be required for the continued operation of a deferred presentment services business whenever a change in control of a license is proposed. Control in the case of a corporation shall mean direct or indirect ownership, or the right…

Within 15 days of the occurrence of any one of the following events, a licensee shall file a written report with the supervisor describing the event and its expected impact on the activities of the licensee in this state: (1) The filing for bankruptcy or reorganization by the lic…