reglab/housing_qa huggingface dataset:
AL Code § 5-18A-7 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-7 - License - Issuance; Display; Payment of Fees; Surrender.

Section 5-18A-7License - Issuance; display; payment of fees; surrender. (a) Upon the filing of an application in the form prescribed by the supervisor, accompanied by the fee and documents required pursuant to Section 5-18A-6, the supervisor shall investigate to ascertain whether the qualifications prescribed by Section 5-18A-4 have been satisfied. If the supervisor finds that the qualifications have been satisfied, and approves the documents, the supervisor shall issue to the applicant a license to engage in deferred presentment services business in Alabama. A request shall be either granted or denied within 90 days of receipt. If permission is denied, the applicant for licensure shall have the right to an administrative hearing within 60 days of the denial, if requested, and the right to appeal pursuant to rules promulgated by the supervisor. (b) The license shall be kept conspicuously posted in the place of business of the licensee and shall not be assignable or transferable or removed to another location without permission of the supervisor. (c) The annual license fee required in subdivision (1) of Section 5-18A-6 for each office, branch, or place of business of the licensee shall be due on January 1 of each year and shall be valid for a one-year period ending the following December 31. License fees shall be delinquent on February 1 of each year and there shall be a penalty of 10 percent for each month or portion thereof that the licensee is delinquent in the payment of a license fee. All license fees and investigation fees collected pursuant to this chapter shall be paid into the special fund created pursuant to Section 5-2A-20, and shall be used in the supervision and examination of licensees. (d) A licensee may voluntarily surrender its license to the supervisor; however, the licensee shall not be entitled to receive a refund of any license fees previously paid. Upon surrender of a license, the licensee shall immediately make available to the supervisor all books, records, and papers required to be created and maintained pursuant to this chapter or rule or regulation promulgated hereunder.  (Act 2003-359, p. 992, §7.)
AL Code § 5-18A-8 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-8 - License - Change of Control.

Section 5-18A-8License - Change of control. The prior written approval of the supervisor shall be required for the continued operation of a deferred presentment services business whenever a change in control of a license is proposed. Control in the case of a corporation shall mean direct or indirect ownership, or the right to control 25 percent or more of the voting shares of the corporation, or the ability of a person to elect a majority of the directors or otherwise effect a change in policy. Control in the case of any other entity shall mean the ability to change the principals of the organization, whether active or passive. The supervisor may require any information deemed necessary to determine whether a new application is required. (Act 2003-359, p. 992, §8.)
AL Code § 5-18A-9 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-9 - Circumstances Requiring Written Report.

Section 5-18A-9Circumstances requiring written report.  Within 15 days of the occurrence of any one of the following events, a licensee shall file a written report with the supervisor describing the event and its expected impact on the activities of the licensee in this state: (1) The filing for bankruptcy or reorganization by the licensee. (2) The institution of revocation or suspension proceedings against the licensee by any state or governmental authority and subsequently the outcome of such proceeding. (3) The denial of a license to engage in the deferred presentment services business by any state or governmental authority. (4) Any felony indictment of the licensee or any of its directors, officers, or principals. (5) Any felony conviction of the licensee or any of its directors, officers, or principals. (6) All other events as the supervisor may determine and identify by regulation. (Act 2003-359, p. 992, §9.)
AL Code § 5-18A-11 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-11 - Maintenance of Business Records; Notice of Intent to Conduct Business in Conjunction With Other Business; Examination of Place of Business.

Section 5-18A-11Maintenance 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 intention to do so has been given the supervisor. Upon receipt of written notification, the supervisor may investigate the facts and, if he or she finds that the character of the licensee and the nature of the other business warrant belief that such conduct of business would conceal violation or evasion of this chapter or of regulations lawfully made hereunder, he or she shall enter an order directing the licensee to discontinue the other business. The order shall be entered in the manner specified in and subject to the provisions of Section 5-18A-7. (c) For the purpose of determining compliance with this chapter, the supervisor may, at any reasonable time, cause an examination to be made at the licensee's place of business of the records and transactions of such licensee. As cost of examination, the licensee shall pay to the supervisor an examination fee as provided in Section 5-2A-24, which fee shall be collected and paid into the special fund as provided by Section 5-2A-20, and shall be used in the supervision and examination of licensees. Each licensee shall preserve all relevant records for a period of two years after making the last entry on any transaction, and the supervisor shall have free access thereto at the licensee's place of business at all reasonable times. If the supervisor has probable cause to believe that a licensee has engaged in an activity which violates the provisions of this chapter, the supervisor may compel the production of such books and records of the person as he or she has probable cause to believe are relevant to the alleged violation. Any action arising out of any investigation or examination shall be in the Circuit Court of Montgomery County or in the county of the principal place of business of the licensee. (Act 2003-359, p. 992, §11.)
AL Code § 5-18A-12 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-12 - Transaction Fees; Renewal or Extension; Repayment; Bad Check Charge.

Section 5-18A-12Transaction 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 presentment services with the customer on another check. (c) After the initial loan period and one rollover with the same customer, the full outstanding amount of the loan, including, but not limited to, held check or debt authorization, shall become due. If the customer is unable to repay the outstanding balance in full, the licensee may offer the customer an extended repayment option of four equal monthly installments of the remaining balance. The licensee shall not commence any civil action to collect on a transaction in default until written notice has been sent notifying the customer of his or her rights. If the customer fails to exercise his or her rights within 15 days of the notice, the licensee may commence action to collect on a transaction in default. (d) If there are insufficient funds to pay a check on the date of presentment, the licensee may charge a fee authorized in Section 8-8-15; however, only one such fee may be collected with respect to any particular transaction. No other fees or charges of any kind may be charged or collected from customers except those authorized herein. No person shall use any device, subterfuge, or pretense whatsoever, including, but not limited to, catalog sales, discount vouchers, Internet instant-rebate programs, phone card clubs, or any agreement, including agreements with affiliated persons, with the intent to obtain greater charges than would otherwise be authorized by this chapter. (Act 2003-359, p. 992, §12.)
AL Code § 5-18A-14 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-14 - Denial of Application; Hearing.

Section 5-18A-14Denial of application; hearing. (a) If the supervisor determines that an applicant is not qualified to receive a license, the supervisor shall notify the applicant in writing that the application has been denied, stating the basis for denial. (b) If the supervisor denies an application or if the supervisor fails to act on an application within 90 days after the filing of a properly completed application, the applicant may make a written demand to the supervisor for a hearing as provided in subsection (a) of Section 5-18A-7 before the supervisor on the question of whether the license should be granted. (c) At the hearing, the burden of proving that the applicant is entitled to a license shall be on the applicant. A decision of the supervisor following any hearing on the denial of a license may be subject to review by the circuit court pursuant to Title 6. (Act 2003-359, p. 992, §14.)
AL Code § 5-18A-15 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-15 - Suspension or Revocation of License; Hearing.

Section 5-18A-15Suspension 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 the licensed activity, including, but not limited to, any information in customer agreements and on deferred presentment checks or debit authorizations. (b) If the reason for revocation or suspension of a license of the licensee at any one location is of general application to all locations operated by a licensee, the supervisor may revoke or suspend all licenses issued to a licensee. (c) A hearing shall be held on written notice given at least 20 days prior to the date of the hearings. (Act 2003-359, p. 992, §15.)
AL Code § 5-18A-16 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-16 - Violations of Chapter.

Section 5-18A-16Violations of chapter. If, after a hearing, the supervisor finds that a person has violated this chapter or any administrative regulation issued pursuant to this chapter, the supervisor may take any one or more of the following enforcement actions: (1) Order the person to cease and desist violating the chapter or any administrative rules issued pursuant thereto. (2) Require the refund of any fees collected by such person in violation of this chapter. (3) Order the person to pay to the supervisor a civil penalty of not more than one thousand dollars ($1,000) for each transaction in violation of this chapter.  (Act 2003-359, p. 992, §16.)
AL Code § 5-18A-17 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-17 - Consent Orders; Civil or Criminal Penalties; Extraordinary Circumstances.

Section 5-18A-17Consent orders; civil or criminal penalties; extraordinary circumstances. (a) The supervisor may enter into consent orders at any time with any person to resolve any matter arising under this chapter. A consent order shall be signed by the person to whom it is issued, or a duly authorized representative, and shall indicate agreement to the terms contained therein. A consent order need not constitute an admission by any person that any provision of this chapter, or any rule, regulation, or order promulgated or issued pursuant to this chapter has been violated, nor need it constitute a finding by the supervisor that such person has violated any provision of this chapter or any rule, regulation, or order promulgated or issued hereunder. (b) Notwithstanding the issuance of a consent order, the supervisor may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order. (c) In cases involving extraordinary circumstances requiring immediate action, the supervisor may take any enforcement action authorized by this chapter without providing the opportunity for a prior hearing. (Act 2003-359, p. 992, §17.)
AL Code § 5-18A-18 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-18 - Written Complaint; Investigation; Compliance With Subpoena.

Section 5-18A-18Written complaint; investigation; compliance with subpoena. (a) Any person aggrieved by the conduct of a licensee under this chapter in connection with the regulated activities of the licensee may file a written complaint with the supervisor who may investigate the complaint. (b) In the course of the investigation of the complaint, the supervisor may do the following: (1) Subpoena witnesses. (2) Administer oaths. (3) Examine any individual under oath. (4) Compel the production of records, books, papers, contracts, or other documents relevant to the investigation. (c) If a person fails to comply with a subpoena of the supervisor under this chapter or to testify concerning any matter about which the person may be interrogated under this chapter, the supervisor may petition any court of competent jurisdiction for enforcement. (d) The license of any licensee under this chapter who fails to comply with a subpoena of the supervisor may be suspended pending compliance with the subpoena. (Act 2003-359, p. 992, §18.)
AL Code § 5-18A-19 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-19 - Public Notice of Provisions.

Section 5-18A-19Public notice of provisions. Every licensee shall conspicuously post a sign, as designed by the department, notifying the public of the pertinent provisions of this chapter and any consequences related to entering into a deferred presentment transaction pursuant to this chapter. (Act 2003-359, p. 992, §19.)
AL Code § 5-18A-20 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-20 - Excessive Charges.

Section 5-18A-20Excessive charges. Any person who willfully makes charges in excess of those permitted by Section 5-18A-12 or any person who willfully engages in the business of cashing deferred presentment checks in violation of Section 5-18A-3, or both, is guilty of a Class B misdemeanor for the first offense and a Class B felony for the second or subsequent offense. (Act 2003-359, p. 992, §20.)
AL Code § 5-18A-21 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-21 - Disposition of Funds.

Section 5-18A-21Disposition of funds. All license fees and administrative penalties collected under this chapter shall be paid into the special fund provided by Section 5-2A-20, and used in the supervision and examination of applicants and licensees. (Act 2003-359, p. 992, §21.)
AL Code § 5-18A-22 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 18A - Deferred Presentment Services Act.|Section 5-18A-22 - Claims Preceding Effective Date of Chapter.

Section 5-18A-22Claims preceding effective date of chapter.  The provisions of this chapter shall not be construed to take away or negatively impact the customers' claims in pending lawsuits against persons operating deferred presentment services on or before June 20, 2003. (Act 2003-359, p. 992, §22.)
AL Code § 5-19-1.1 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-1.1 - Legislative Findings.

Section 5-19-1.1Legislative findings. The Legislature finds as fact and determines that: (1) The Alabama Consumer Credit Act, Title 5, Chapter 19, (commonly referred to as the "Mini-Code"), was enacted by the Legislature by Acts 1971, No. 2052, page 3290. All, or a portion, of the provisions of the Mini-Code apply to substantially all consumer credit transactions in Alabama involving billions of dollars annually. (2) The availability of consumer credit and certainty of consumer credit transactions is essential to Alabama citizens and the economy of Alabama. Disputes have arisen involving the Mini-Code resulting in significant litigation. (Acts 1996, No. 96-576, p. 887, §1.)
AL Code § 5-19-5 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-5 - Acceptance of Negotiable Instruments as Evidence of Consumer Debt.

Section 5-19-5Acceptance of negotiable instruments as evidence of consumer debt. In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee. A holder is not a holder in due course if the holder takes a negotiable instrument with notice that it is issued in violation of this section. A holder in due course is not subject to the liabilities prescribed in this chapter. (Acts 1971, No. 2052, p. 3290, §4; Acts 1995, No. 95-668, p. 1381, §4; Acts 1996, No. 96-576, p. 887, §2.)
AL Code § 5-19-6 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-6 - Copies of Instruments Signed by Debtors to Be Furnished to Debtors; Required Statement in Contracts, etc.; Limitation on Disclosure Requirements; Intent, Applicability of Limitation.

Section 5-19-6Copies of instruments signed by debtors to be furnished to debtors; required statement in contracts, etc.; limitation on disclosure requirements; intent, applicability of limitation. (a) Any creditor, when extending credit with respect to a consumer credit transaction, other than under an open-end credit plan, shall at that time furnish to the debtor a copy of each instrument executed by the debtor in connection with the consumer credit transaction. The consumer credit transaction contract or note shall contain the following statement in eight point or larger type immediately above the space for the borrower's signature. "CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT." (b) No disclosures are required by this chapter to be made by a creditor with respect to any transaction other than disclosures required by regulations made by the administrator pursuant to Section 5-19-21 and disclosures required by subsection (a) above and by Sections 5-19-12(a) and 5-19-20(e). (c) Without limiting the generality of subsection (b), there is no obligation or duty under this chapter to disclose to a debtor any agreement to assign or otherwise transfer a consumer credit transaction contract at a discount or that the assignee of, or person who funded, the consumer credit transaction agreed or may agree to pay the creditor or other person who originated the consumer credit transaction all or a portion of the prepaid finance charges and other fees and/or a portion of the finance charge to be paid by the debtor over the term of the transaction and/or other compensation irrespective of how the compensation is determined or described. (d) Except as modified hereby, the provisions of subsections (b) and (c) confirm, clarify and are declaratory of existing law. Except as modified hereby, the provisions of Alabama Act No. 94-115 remain applicable to consumer credit transactions entered into on, before, and after February 24, 1994. (Acts 1971, No. 2052, p. 3290, §4; Acts 1994, No. 94-115, p. 124, §2; Acts 1996, No. 96-576, p. 887, §2.)
AL Code § 5-19-7 (2021)
2021 Code of Alabama|Title 5 - Banks and Financial Institutions.|Chapter 19 - Consumer Finance.|Section 5-19-7 - Right to Refinance Amount of Certain Scheduled Payments.

Section 5-19-7Right to refinance amount of certain scheduled payments. With respect to a consumer credit transaction, if any scheduled payment is more than one and one-half times as large as the average of earlier scheduled payments, the debtor has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable than the terms of the original transaction. The provisions of this section do not apply if the debtor's payment schedule has been adjusted to conform with the seasonal or irregular income of the debtor, or if a consumer credit transaction is repayable in a single principal payment irrespective of the scheduled interest payments. (Acts 1971, No. 2052, p. 3290, §4; Acts 1989, No. 89-879, p. 1771, §1; Acts 1996, No. 96-576, p. 887, §2.)