Deferred Presentment Services Act
Tennessee · Banks And Financial Institutions · §§ 45-17-101 to 45-17-122 · 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 7 court decisions.
Most-cited authority: 218 BR 878 - In Re Bagby
Sections covered
- Tenn. Code Ann. § 45-17-101Short title2 cites
- Tenn. Code Ann. § 45-17-102Chapter definitions4 cites
- Tenn. Code Ann. § 45-17-103License requirement
- Tenn. Code Ann. § 45-17-104Qualifications for license
- Tenn. Code Ann. § 45-17-105Application for license
- Tenn. Code Ann. § 45-17-106Filing fees — Financial statements
- Tenn. Code Ann. § 45-17-107Investigation — Issuance of license — Posting
- Tenn. Code Ann. § 45-17-108Nontransferability — Change in control of license
- Tenn. Code Ann. § 45-17-109Reports to commissioner
- Tenn. Code Ann. § 45-17-110Expiration of license
- Tenn. Code Ann. § 45-17-111Regulations — Examinations — Payment of expenses
- Tenn. Code Ann. § 45-17-112Retention of records — Operating costs — Deferred presentment procedures1 cite
- Tenn. Code Ann. § 45-17-113Denial of license — Hearing
- Tenn. Code Ann. § 45-17-114Suspension or revocation of licenses
- Tenn. Code Ann. § 45-17-115Violations — Cease and desist orders — Penalties
- Tenn. Code Ann. § 45-17-116Consent orders
- Tenn. Code Ann. § 45-17-117Written complaint — Investigation — Subpoenas
- Tenn. Code Ann. § 45-17-118Construction with other statutes
- Tenn. Code Ann. § 45-17-119Annual reports
- Tenn. Code Ann. § 45-17-120Commissioner's authority to require licensing through a multi-state automated licensing system
- Tenn. Code Ann. § 45-17-121Commissioner's authority to use multi-state automated licensing system as agent for information channeling
- Tenn. Code Ann. § 45-17-122Promotion of more effective regulation and reduction of regulatory burden through supervisory information sharing
Enacted in other states
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