Deferred Presentment Services Act
Alabama · Banks and Financial Institutions · §§ 5-18A-1 to 5-18A-9 · 22 sections
Overview
The Deferred Presentment Services Act regulates the business of deferred presentment — advancing funds to a customer against a check or other instrument that is held and presented for payment at a later date. It makes that business a licensed one, setting qualifications, application and fee requirements, and rules for issuing, displaying, transferring control of, and surrendering a license, and it constrains what a licensee may charge, addressing transaction fees, renewals or extensions, repayment, returned-check charges, and excessive charges generally. Licensees must keep business records, report specified events, post public notice of the act's provisions, and submit to examination of their places of business, while the administering agency may adopt rules subject to judicial review, investigate complaints, compel testimony by subpoena, deny, suspend, or revoke a license after a hearing, and resolve violations through consent orders or civil and criminal penalties.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 367 B.R. 843 - Hodge v. Money Shop, LLC. (In Re Hodge)
Sections covered
- Ala. Code § 5-18A-1Short Title; Purpose.1 cite
- Ala. Code § 5-18A-10Rules and Regulations; Judicial Review.
- Ala. Code § 5-18A-11Maintenance of Business Records; Notice of Intent to Conduct Business in Conjunction with Other Business; Examination of Place of Business.
- Ala. Code § 5-18A-12Transaction Fees; Renewal or Extension; Repayment; Bad Check Charge.
- Ala. Code § 5-18A-13Duties of Licensee.1 cite
- Ala. Code § 5-18A-14Denial of Application; Hearing.
- Ala. Code § 5-18A-15Suspension or Revocation of License; Hearing.
- Ala. Code § 5-18A-16Violations of Chapter.
- Ala. Code § 5-18A-17Consent Orders; Civil or Criminal Penalties; Extraordinary Circumstances.
- Ala. Code § 5-18A-18Written Complaint; Investigation; Compliance with Subpoena.
- Ala. Code § 5-18A-19Public Notice of Provisions.
- Ala. Code § 5-18A-2Definitions.
- Ala. Code § 5-18A-20Excessive Charges.
- Ala. Code § 5-18A-21Disposition of Funds.
- Ala. Code § 5-18A-22Claims Preceding Effective Date of Chapter.
- Ala. Code § 5-18A-3License - Required; Applicability.
- Ala. Code § 5-18A-4License - Qualifications.
- Ala. Code § 5-18A-5License - Application.
- Ala. Code § 5-18A-6License - Fees; Financial Statement.
- Ala. Code § 5-18A-7License - Issuance; Display; Payment of Fees; Surrender.
- Ala. Code § 5-18A-8License - Change of Control.
- Ala. Code § 5-18A-9Circumstances Requiring Written Report.
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