§ 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 this 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.

HISTORY: 2000, ch. 614, § 2; 2010, ch. 72, § 5.