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5-18A-2
Section 5-18A-2 Definitions. 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 the same account without redemption in full with cash or guaranteed
funds. (3) DEFERRED PRESENTMENT SERVICES. A transaction pursuant to a written agreement involving
the following combination of activities in exchange for a fee: a. Accepting a check or authorization
to debit a checking account and, in connection with that acceptance, advancing funds to the
checking account holder. b. Holding the check or authorization to debit checking account for
a period of time prior to payment or deposit. (4) DEPARTMENT. The State Banking Department.
(5) LICENSEE. A person licensed to provide deferred presentment services pursuant to this
chapter. (6) PERSON. An individual, group of individuals,...
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5-18A-13
Section 5-18A-13 Duties of licensee. (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 present for payment or deposit a check or debit authorization
accepted by the licensee, the check shall be endorsed with the actual name under which the
licensee is doing business. (c) Any agreement for a deferred presentment transaction shall
be in writing and signed by the checking account holder. The customer in a deferred presentment
contract shall have the right to redeem the check or debit authorization from the licensee
before the agreed date of deposit upon payment to the licensee of the amount of the contract.
A licensee shall not defer presentment of any personal check or debit authorization for less
than 10 days nor more than 31 calendar days after the date of the...
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5-18A-12
Section 5-18A-12 Transaction fees; renewal or extension; repayment; bad check 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 transaction is five hundred
dollars ($500). (b) Each licensee may renew or extend a deferred presentment transaction with
the same customer no more than one additional time at this fee for a maximum of two continuous
transactions. After two continuous transactions with the customer, the licensee shall not
enter into a new deferred presentment transaction with that same customer until the next business
day after the transaction amount is repaid in full. After the customer has redeemed the check
in full with cash or guaranteed funds, the licensee has the same authority as any other licensee
to enter into another agreement for deferred...
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11-103-1
Section 11-103-1 Authorization of payment by credit cards. (a) The use of credit cards for
any payments made to a county or municipal office, department, agency, board, or commission
may be authorized by the county commission or municipal governing body in which the office,
department, agency, board, or commission is located as provided in Section 11-103-2, and if
authorized, shall be accepted pursuant to rules and regulations promulgated by the county
commission or municipal governing body in which the office, department, agency, board, or
commission is located. The rules and regulations shall include specific procedures for the
acceptance of credit card payments, including, but not limited to, provision for the payment
of any discount or administrative fee charged by the credit card issuer or processor. The
county or municipal governing body is authorized, but not required to impose the assessment
of a surcharge or convenience fee from the person paying by credit card in an amount...
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7-3-103
Section 7-3-103 Definitions. (a) In this article: (1) "Acceptor" means a drawee who
has accepted a draft. (2) "Drawee" means a person ordered in a draft to make payment.
(3) "Drawer" means a person who signs or is identified in a draft as a person ordering
payment. (4) "Good faith" means honesty in fact in the conduct or transaction concerned.
(5) "Maker" means a person who signs or is identified in a note as a person undertaking
to pay. (6) "Order" means a written instruction to pay money signed by the person
giving the instruction. The instruction may be addressed to any person, including the person
giving the instruction, or to one or more persons jointly or in the alternative but not in
succession. An authorization to pay is not an order unless the person authorized to pay is
also instructed to pay. (7) "Ordinary care" in the case of a person engaged in business
means observance of reasonable commercial standards, prevailing in the area in which the person
is located, with respect...
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5-18A-3
Section 5-18A-3 License - Required; applicability. (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, life insurance companies, and federally
constituted agencies shall be exempt from licensing under this chapter. Notwithstanding anything
to the contrary in this chapter, this chapter shall not apply to any of the following entities,
and each of these entities shall be exempt from this chapter: Banks, credit unions, savings
associations, savings banks, and thrift institutions organized pursuant to the laws of this
state or any other state or the laws of the United States and any parent of any of the foregoing
entities. (c) This chapter shall have no application to persons who do not engage in deferred
presentment services. (Act 2003-359, p. 992, ยง3.)...
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11-3-60
Section 11-3-60 Use of credit or debit cards issued to county commission for certain purchases;
rewards or rebates. (a) For the purposes of this article, the following words shall have the
following meanings: (1) CHIEF ADMINISTRATIVE OFFICER. A person employed by the county commission
of a county pursuant to Section 11-3-18. (2) CREDIT CARD. A line of credit issued by a domestic
lender or credit card bank. (3) DEBIT CARD. A card issued by a bank in relation to a checking
or savings account held by the county commission. (b) To provide for convenience in making
purchases of tangible personal property or services approved by the county commission, the
county commission of a county may establish procedures for the chief administrative officer
to make certain purchases through use of a credit or debit card issued to the county commission.
The county commission shall promulgate written policy and procedures governing the utilization
of credit or debit cards which, at a minimum, shall...
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5-18A-15
Section 5-18A-15 Suspension or revocation of license; hearing. (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 examination fee imposed by the
supervisor under the authority of this chapter. (2) Committed fraud, engaged in a dishonest
activity, or made misrepresentations. (3) Violated a provision of this chapter, an administrative
regulation issued pursuant to this chapter, or has violated any other law in the course of
its or his or her dealings as a licensee. (4) Made a false statement in the application for
the license or failed to give a true reply to a question in the application. (5) Demonstrated
incompetence or untrustworthiness to act as a licensee. (6) Entered or caused to be entered
or allowed to be entered any false information on any business record of...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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5-18A-11
Section 5-18A-11 Maintenance of business records; notice of intent to conduct 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 hereunder. If a licensee
operates any other business licensed by the department, a deferred presentment services business
shall be accounted for separately from any other business licensed by the department. Each
licensed business shall maintain separate business records. (b) No licensee shall conduct
the business of making deferred presentment transactions under this chapter within any office,
suite, room, or place of business in which any other business except check cashing or a business
conducted pursuant to Chapter 19A is solicited or engaged in or in association or conjunction
with any other business until 15 days' written notice of an...
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