Title 19, Title 19 Institutions

No pawnbroker licensed as provided in § 19-26-2 shall purchase any second-hand articles, or sell, dispose of, or keep for sale, any second-hand articles, unless they have been pawned to him or her and are sold under the provisions of § 19-26-10. Any article sold to the pawnbroker…

No pawnbroker shall knowingly take from any apprentice, servant, or employee any article or thing offered by the apprentice, servant, or employee in pledge without first ascertaining that the article or thing is the property of the person so offering it for sale. For every violat…

No pawnbroker shall buy or receive in pawn, gold, silver, or platinum scraps, gold- or silver-plated scraps, gold or silver solder, gold, silver, or platinum, or any of the same, in combination with any other or others of the same, melted into a button, bar, or any other shape, o…

The provisions of this chapter shall apply to any financial institution: (1) Authorized by its agreement to form to exercise trust powers; (2) Permitted to exercise such powers by laws of this state applicable to that financial institution on or before December 31, 1994; and (3) …

If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter that can be given effect without the inv…

(a) Every financial institution subject to this chapter shall have the power: (1) To receive and hold money in trust, or upon any terms and conditions agreed upon, and to allow the interest upon it; (2) To receive and hold money, bonds, notes, mortgages, certificates of stock, an…

In the absence of any express provisions to the contrary, whenever any general statute, special act, regulation, trust indenture, will, or other instrument governing the investment powers of trustees directs, requires, authorizes, or permits investment in United States government…

A financial institution subject to this chapter shall also have power to accept and execute all of these trusts, and to hold in trust all property, of every description, as may be committed to it by any person or persons, or by any corporation, or by any court of this state or of…

In all cases in which a financial institution shall receive and accept appointment as executor, administrator, custodian, conservator, or guardian of any estate, the financial institution shall give bond in the same manner as provided by law in the case of individuals so appointe…

Every financial institution subject to this chapter shall have the power to accept and hold property given by will or otherwise transferred to it in trust for the care and preservation of burial grounds that have been in existence for at least fifty (50) years before the creation…

(a) No person shall exercise any of the powers conferred exclusively upon financial institutions, except that a trust company duly organized under the laws of, and carrying on business in, another state, or a national banking association located in another state, may act as trust…

A portion of the assets of every financial institution subject to this chapter, equal in value to the par value of its capital stock, shall stand pledged, and shall be taken and considered as the security required by law, for the faithful performance of the institution’s duties a…

(a) Every financial institution subject to this chapter shall deposit with the general treasurer an amount that is at all times equal in value to twenty percent (20%) of the entire capital stock of the financial institution, in: (1) Bonds, of at least a double A (“AA”) rating or …

Upon the receipt by the general treasurer of the securities from the financial institution, the general treasurer shall give to the financial institution a certificate stating the securities and amount of each. The general treasurer shall at all times pay over to the financial in…

(a) The general assembly finds that guaranteed asset-protection waivers are not insurance. All guaranteed asset-protection waivers issued prior to and after the date of enactment of this chapter shall not be construed as insurance. (b) The purpose of this chapter is to provide a …

The following are terms defined for purposes of this chapter and are not intended to provide actual terms required in guaranteed asset-protection waivers: (1) “Administrator” means a person, other than an insurer or creditor who performs administrative or operational functions pu…

(a) GAP waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter. (b) GAP waivers may, at the option of the creditor, be sold for a single payment, or may be offered with a monthly or periodic payment option. (c) Notwithstanding any pro…

(a) Contractual liability or other insurance policies insuring GAP waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waivers issued by the creditor and purchased or held by the bo…

Guaranteed asset-protection waivers must disclose, in writing and in clear, understandable language that is easy to read, the following: (1) The name and address of the initial creditor and the borrower at the time of sale, and the identity of any administrator if different from …

(a) GAP-waiver agreements may be cancellable or non-cancellable after the free-look period. GAP waivers must provide that if a borrower cancels a waiver within the free-look period, the borrower will be entitled to a full refund of the purchase price, as long as no benefits have …

Sections 19-32-3(c), 19-32-5 and 19-32-8 are not applicable to a GAP waiver offered in connection with a lease or retail installment sale associated with transactions between business entities.

If any provision of this chapter, or the application of the provision to any person or circumstances, is held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those as to which it is held invalid, is not to be affe…

This chapter shall be known and may be cited as the “Student Loan Bill of Rights Act.”

(a) The director, after an administrative hearing pursuant to chapter 35 of title 42, may issue fines upon a finding that the registrant violated the provisions of this chapter, or any regulation or order lawfully made pursuant to this chapter; or take any other action provided f…

Any student loan servicer aggrieved by an action of the department in imposition of fines shall have the right to appeal the action, order, or decision pursuant to chapter 35 of title 42.

No student loan servicer shall: (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead student loan borrowers; (2) Engage in any unfair or deceptive practice toward any person or misrepresent or omit any material information in connection with the…

The attorney general may enforce a violation of § 19-33-12 as an unlawful act or practice under chapter 13.1 of title 6.

Any student loan borrower may bring an action under § 6-13.1-5.2 for a violation of § 19-33-12 as an unlawful act or practice under chapter 13.1 of title 6.

A student loan consumer protection restricted receipt account (the “account”) is hereby created within the department of the attorney general. Monies deposited in the account shall be expended by the attorney general for the purpose of administering the provisions of this chapter…

(a) For the purposes of this chapter, any federal- or state-chartered bank or credit union that originates a student education loan or acts as a servicer, and any wholly owned subsidiary of a bank or credit union, shall be exempt from the provisions of §§ 19-33-4, 19-33-6 through…

As used in this chapter: (1) “Commissioner” means the commissioner of postsecondary education. (2) “Department” means the department of business regulation, division of banking. (3) “Director” means the director of the department of business regulation or designee. (4) “Distresse…

(a) The department of attorney general’s consumer protection unit, in collaboration with the director, general treasurer, and commissioner, shall: (1) Receive, review, and attempt to resolve complaints from student loan borrowers; (2) Compile and analyze data on student loan borr…

(a) Each person or entity who or that services any student education loan issued to a student loan borrower after July 1, 2019, shall register with the department as a student loan servicer no later than September 30, 2019, or within thirty (30) days of conducting servicing of st…

There is established a restricted receipt account to be known as the “servicer registration account” which shall be a separate account within the department. Registration fees and other monies, excluding examination fees pursuant to § 19-33-9, received by the department pursuant …

(a) Each student loan servicer shall maintain complete records of each student education loan transaction, including recordings of communications with borrowers, for not less than two (2) years following the final payment on such student education loan or the assignment of such s…

Each registrant shall annually, on or before March 31, file a report with the department, giving any relevant information that the department may reasonably require concerning the business and operations during the preceding calendar year of the registrant within the state. At th…

(a) A student loan servicer shall provide annually, and at the request of a student loan borrower, the terms of their loan, progress toward repayment, and eligibility for any loan relief programs including, but not limited to, income-driven repayment plans, public service loan fo…

(a) In addition to any other authority provided under this chapter, the department shall have the authority to conduct examinations of registrants. (b) In order to carry out the purposes of this chapter, the department may: (1) Retain attorneys, accountants or other professionals…

As used in this chapter: (1) “Department” means the Rhode Island office of healthy aging. (2) “Elder adult” means a person who is sixty (60) years of age or older. (3) “Exploitation” means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individ…

(a) If an employee of a regulated institution has reasonable cause to believe that financial exploitation of an elder adult who is an account holder with the regulated institution has occurred, is occurring, or has been attempted, the employee shall notify the regulated instituti…

lf a regulated institution submits a report of suspected financial exploitation or abuse of an elder adult to the department pursuant to § 19-34-2, the regulated institution may at the time the regulated institution submits the report also notify a third party reasonably associat…

(a) Notwithstanding any other law, if a regulated institution submits a report of suspected financial exploitation of an elder adult to the department pursuant to § 19-34-2, the regulated institution: (1) May place a temporary hold on any transaction that: (i) Involves an account…

(a) An employee of a regulated institution who makes a notification pursuant to § 19-34-2, or a regulated institution that submits a report pursuant to § 19-34-2 or makes a notification to a third party pursuant to § 19-34-3, or an employee or regulated institution that testifies…

To the extent permitted by state or federal law, a regulated institution shall provide, on request, access to or copies of records relevant to the suspected financial exploitation of an elder adult to the department, a law enforcement agency, or the office of attorney general, ei…

(a) Commencing no later than 45 days following passage of the Act, regulated institutions shall provide training concerning the financial exploitation of elder adults to employees of regulated institutions as defined in § 19-34-1, and shall provide this training to new employees …

Notwithstanding any provision of law, the attorney general and local law enforcement may disclose to a mandated reporter of suspected elder financial abuse, upon request, the general status or final disposition of any investigation that arose from a report made by that mandated r…