act-2002-0-200•Pennsylvania Act 2002-200 — CHECK CASHER LICENSING ACT - AMEND LICENSE TERMS AND FEES, FEES AND CHARGES
Pennsylvania Act 2002-200 — CHECK CASHER LICENSING ACT - AMEND LICENSE TERMS AND FEES, FEES AND CHARGES
act-2002-0-2002002 Pa. Act 200Law
Act text
CHECK CASHER LICENSING ACT - AMEND LICENSE TERMS AND FEES, FEES AND
CHARGES
Act of Dec. 9, 2002, P.L. 1546, No. 200 Cl. 07
Session of 2002
No. 2002-200
SB 460
AN ACT
Amending the act of February 18, 1998 (P.L.146, No.22), entitled
"An act regulating the check-cashing industry; providing for
the licensing of check cashers, for additional duties of the
Department of Banking and for certain terms and conditions of
the business of check cashing; and providing penalties for
money-laundering activities and violations of the act,"
further providing for license terms and fees, for fees and
charges and for applicability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 302(b), 503, 509 and 1101 of the act of
February 18, 1998 (P.L.146, No.22), known as the Check Casher
Licensing Act, are amended to read:
Section 302. License terms and fees.
* * *
(b) [Renewal fee.--On or before March 1 of every year, a
licensee shall apply for license renewal on a form provided by
the department and pay a renewal fee of $350 for each fixed
location or mobile unit. The department shall renew the license
if the licensee is in compliance with the provisions of this
act.] License renewal.--On May 1 of each year, upon payment of
an annual renewal fee of $350 for each fixed location or mobile
unit, the department shall renew the license if the licensee is
in compliance with the provisions of this act.
* * *
Section 503. Fees and charges.
(a) Allowable fees.--The licensee or any person subject to
any provision of this act may collect the following fees for
cashing a check:
(1) A sum not exceeding 2.5% of the face amount of a
government assistance check, provided the payee submits valid
identification in the form of a driver's license, an
identification card issued by the Department of
Transportation or the equivalent; or
(2) A sum not exceeding 3% of the face amount of a
payroll check.
(3) A sum not exceeding 10% of the face amount of a
personal check.
(b) New customer fee.--Notwithstanding anything in this
section to the contrary, the licensee or any person subject to
any provision of this act may charge an initial fee not to
exceed $10 to a new customer to cover the cost of investigating
the customer's credit.
(c) Receipt of transaction.--The licensee or any person
subject to any provision of this act shall provide a receipt of
the transaction.
(d) Other goods and services.--
(1) The licensee or any person subject to any provision
of this act shall not require consumers to purchase other
goods or services in order to cash a check.
(2) Nothing in this section shall prevent [licensees] a
licensee or any person subject to this act from offering
additional goods and services.
(e) Definition.--As used in this section, the term
"government assistance check" means a check issued on a
continuing periodic basis by a government agency for payment to
the recipient payee of Federal or State assistance, Social
Security, workers' compensation, unemployment compensation,
railroad retirement benefits or veterans' disability.
Section 509. Private remedy.
(a) Liability.--Any person who willfully violates any
provision of this act with respect to any consumer is liable to
the consumer for an amount equal to three times any actual
damage sustained by the consumer as a result of the failure or
the sum of $250, whichever is greater.
(b) Recovery of costs.--In the case of any successful action
to enforce liability under subsection (a), the consumer shall
recover from the licensee or any person subject to this act the
costs of the action, together with a reasonable attorney fee as
determined by the court.
Section 1101. Applicability.
This act shall not apply to any insured depository
institution or affiliate or service corporation of any
depository institution supervised or regulated by the Department
of Banking, the National Credit Union Administration, the Office
of Thrift Supervision, the Federal Deposit Insurance
Corporation, the Comptroller of the Currency or the Board of
Governors of the Federal Reserve or the Federal Reserve Banks.
It also shall not apply to companies licensed by the Department
of Banking under the act of April 8, 1937 (P.L.262, No.66),
known as the Consumer Discount Company Act, the act of September
2, 1965 (P.L.490, No.249), referred to as the Money Transmission
Business Licensing Law, unless conducting activities regulated
by this act, the act of December 12, 1980 (P.L.1179, No.219),
known as the Secondary Mortgage Loan Act, and the act of
December 22, 1989 (P.L.687, No.90), known as the Mortgage
Bankers and Brokers Act, in the normal course of business with
specific relation to lending transactions and when engaged in
the activities regulated under these acts. It also shall not
apply to a retail food store licensed as a food establishment,
as defined in section 2 of the act of July 7, 1994 (P.L.421,
No.70), known as the Food Act, or a retail food store licensed
as a public eating or drinking place, as defined in section 1 of
the act of May 23, 1945 (P.L.926, No.369), referred to as the
Public Eating and Drinking Place Law, that receives less than 1%
of its annual gross revenue from cashing checks. A retail food
store location must register annually with the department, and
the provisions of sections 301(b)(4), 304(c)(3), 503, 507 and
509 shall apply to such a business entity. Each retail food
store location shall provide the department with the company
name, address and telephone number on a form prescribed by the
department and a $100 annual registration fee. Upon request, a
retail food store location shall demonstrate to the satisfaction
of the department that it receives less than 1% of its annual
gross income revenue from cashing checks.
Section 2. This act shall take effect in 60 days.
APPROVED--The 9th day of December, A. D. 2002.
MARK S. SCHWEIKER
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.