Maryland Financial Institutions Section 12-102

Article - Financial Institutions

§ 12-102.

      (a)      This subtitle does not apply to check cashing services:

            (1)      (i)      For which a fee of up to 1.5% of the face amount of the payment instrument is charged per payment instrument; and

                  (ii)      That are incidental to the retail sale of goods or services by the person that is providing the check cashing services;

            (2)      In which a customer presents a payment instrument for the exact amount of a purchase; or

            (3)      Involving foreign currency exchange services or the cashing of a payment instrument drawn on a financial institution other than a federal, State, or other state financial institution.

      (b)      (1)      This subtitle does not apply to a transaction that is subject to the Maryland Consumer Loan Law (Title 12, Subtitle 3 of the Commercial Law Article and Title 11, Subtitle 2 of the Financial Institutions Article), including a transaction in which an additional fee is charged to defer the presentment or deposit of a payment instrument until a subsequent date.

            (2)      A check cashing service is not subject to the Maryland Consumer Loan Law if:

                  (i)      The fee charged for the check cashing service does not exceed the fee permitted under this subtitle;

                  (ii)      No additional fee is charged to defer the presentment or deposit of the payment instrument; and

                  (iii)      The check cashing service is not subject to renewal or extension by any means.



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