Check Cashers & Sellers Interpretive Letters & Statements
The opinions expressed in the letters and statements below are informal and non-binding. These opinions reflect the position of the Division of Consumer Services at the time they were produced.
The Division of Consumer Services could learn of additional facts, which would cause us to change our position.
Check Cashers and Sellers Interpretive Statements
|CCSA-IS-2009-01 (PDF)*||12/30/09||RCW 31.45.084||Installment Plans|
Check Cashers and Sellers Interpretive Letters
Interpretive letters issued 1995-2000. Sorted by date issued.
|Letter||00-01 (Not Available Online)|
|Subject||Writing more that one posted-dated check per Small Loan|
|Summary||RCW 31.45.073(3) a licensee may advance moneys on the security of a post-dated check or draft provided the time period between the date the loan is granted and the date of the post-dated check does not exceed thirty-one days. A licensee shall deposit all post-dated checks or drafts as soon as practicable after the date of the check or draft has passed. WAC 208-630-085 (1) (b) restricts a licensee with a small loan endorsement to a fee equal to or less than twenty-five dollars for a check returned unpaid and only one charge may be made per check.|
|Letter||99-01 (Not Available Online)|
|Subject||Allowable collection charges when collection is done by a third party|
|Summary||WAC 208-630-085 (1) (b) restricts a licensee with a small loan endorsement to a fee equal to or less than twenty-five dollars for a check returned unpaid and only one charge may be made per check. If the check is assigned to a collection agency, the collection agency may charge fees allowed by RCW 19-16 and/or RCW 62A.3-515. Costs incurred by the licensee to effect collection through a court may be passed on to the maker of the check.|
|Letter||98-02CS (Not Available Online)|
|Subject||Licensing requirements for Check Cashing Machines owned or sold by Mr. Payroll|
|Summary||RCW 31.45.020 requires a license except as provided in RCW 31.45.020(b). The owner of a CCM would meet the definition of RCW 31.45(1) and be required to be licensed.|
|Subject||Renewal, Extension, Repayment, & Collection of Loans|
|Summary||RCW 31.04.073 requires every check held for repayment of a loan be deposited. Supporting rules do not allow additional charge for an extension of a loan nor may repayment be from the proceeds of another loan. Collection of loans may not be done using provisions of the Uniform Commercial Code|
|Letter||97-03CS (Not Available Online)|
|Subject||Exemption from Act based on 31.45.020(1)(c).|
|Summary||Exemption not allowed based on consolidated financial statements of parent and subsidiary. Subsidiary must meet the $3,000,000 requirement alone.|
|Letter||97-02CS (Not Available Online)|
|Subject||Taking auto title for collateral.|
|Summary||Small loans limited to the security of a post dated check. Additional collateral may not be taken.|
|Letter||97-01CS (Not Available Online)|
|Subject||Client holding postdated checks for commercial purposes|
|Summary||Coastline is engaged in a factoring business purchasing commercial accounts receivable. Postdated checks are held as an incentive for payment. Licensure is not required under 31.45.|
|Letter||95-01CS (Not Available Online)|
|Subject||Regulation of money transmission by wire|
|Summary||Chapter 31.45 RCW only requires licensure if engaged in the business of cashing or sale of checks as described in RCW 31.45.020.|
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