The Florida Check Cashiers Association (FCCA), evidently worried about agreements with clients to defer deposits of checks, required an opinion which was given because of the Department on February :
It will be the place of this FCCA that user shops may cash checks for clients and defer the deposit of these checks for an acceptable time period, mutually decided amongst the shop and also the consumer, provided the fee charged for cashing these checks shall perhaps not surpass the statutory cost allowable when it comes to certain sort of check cashed. The solution shall be known as deferred deposit. Since Chapter 560, Florida Statutes, doesn’t clearly prohibit the style of deferred deposits and since all the conditions of Chapter 560, Florida Statutes, is honored, we see no explanation to object to your providing of this above described services. Again, this analysis is situated upon the fact the deposit that is deferred will likely to be provided and handled pursuant towards the conditions of Chapter 560, Florida Statutes, and particularly in the cost caps included within Section , Florida Statutes. We additionally observe that deferred deposit deals had been considered by the 2001 legislature. On October 1, 2001, parts , Florida Statutes, the вЂњDeferred Presentment ActвЂќ (Act) became effective. The Act specifically permits presentment that isвЂњdeferredвЂќ and defines them in area : вЂњDeferred presentment transactionвЂќ means supplying money or perhaps a re re payment tool in return for an individual’s check and agreeing to carry that individual’s look for a period ahead of presentment, deposit, or redemption.
The Act eliminates вЂњrolloversвЂќ described in area
вЂњRolloverвЂќ means the termination of extension of a preexisting deferred presentment contract by the re re payment of every extra charge plus the continued holding regarding the check, or the replacement of a fresh check drawn by the drawer pursuant to a brand new presentment agreement that is deferred. After taking into consideration the Department’s advisory viewpoint solicited by the FCCA prior to any deferred presentment deals between your Plaintiffs as well as the Defendants, the following authorization associated with the training by the Florida Legislature, and also the lack of any prohibition resistant to the practice when you look at the interim we disagree aided by the Plaintiffs’ characterization for the initial deal as that loan. See State v. Cotton, 769 (later on statutory amendment is clarification of legislative intent).
A dedication that deferred presentment deals aren’t loans doesn’t end the inquiry. We ought to additionally think about the effectation of all the brand brand new deals that occurred following the initial deal. 4 The Plaintiffs allege that they certainly were solicited and encouraged to create an innovative new check by the end of each redemption duration and also to spend the extra cost. It seems to us that the events’ choices in the final end of every redemption duration had been that the Defendants could deposit a look for re re payment, or perhaps the Plaintiffs could redeem the check. In the event that Defendants deposited the look for payment, additionally the Plaintiffs had inadequate funds inside their particular account during the drawee bank, the effects of the dishonored check will be imposed upon the Plaintiffs, the Defendants and the drawee bank. In the event that Plaintiffs had the funds on deposit with all the drawee bank it really is doubtful unless they had another use for those funds that they would have authorized the costly вЂњrolloverвЂќ of the initial transaction.
In the event that Plaintiffs wanted to redeem the first check as opposed to enable the Defendants to deposit it, they might either need to pay the Defendants in money or deliver yet another be sure could be honored in a fashion that is timely. In some manner and apparently found that their easiest practical source was the Defendants if they had no cash, they would be required to obtain it. The allegation that the Defendants encouraged them to rather use their services than another supply seems irrelevant to us. Solicitations really are a real life-style in the industry globe. Their option to once again make use of the Defendants to meet their obligation that is initial that voluntarily entered ended up being theirs to create. They’d once once once again compose a check to redeem the check that is original would spend the check cashing fee and had been guaranteed that the deposit of this replacement check could be deferred. Whether or not the replacement check had been delivered in substitution for the actual receipt associated with the face quantity additionally the profit change paid back again to the Defendants to redeem the earlier in the day check (plus those charges authorized by Chapter 506) appears unimportant and needlessly ritualistic. The Florida Attorney General discovers that it’s essential that the money ended up being really and actually transported through the Defendants towards the Plaintiffs. Part 506.103(3) is cited for the necessity that a check casher must offer, problem, offer or deliver the paper and coin cash of this united states of america in trade for the check. Even though Plaintiffs haven’t alleged that the ritual that the Attorney General would need had not been followed, inside our view there isn’t any practical distinction between the ritualistic extended transaction and an abbreviated one out of which just the charge accompanied the distribution regarding the check that is new.