Section 12-102 - Applicability of subtitle - In general.
§ 12-102. Applicability of subtitle - In general.
(a) In general.- 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) Maryland Consumer Loan Law.-
(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.
[2000, ch. 614, § 2.]