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DE HB303
Bill
Status
1/7/2010
Primary Sponsor
John Kowalko
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AI Summary
HB 303 Summary
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Establishes the "Delaware Predatory Refund Anticipation Lending Prevention Act" to regulate loans made in anticipation of tax refunds and prohibit predatory lending practices.
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Requires facilitators (lenders) to obtain a $1,000 annual license from the State Bank Commissioner and post a bond of $50,000 per location (up to $300,000 maximum).
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Mandates clear disclosure of loan fees, annual percentage rates, and information about alternative options like electronic filing, provided in English and Spanish before applicants complete loan applications.
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Prohibits facilitators from requiring customers to take loans to complete tax returns, misrepresenting loan terms, or engaging in fraudulent practices; provides borrowers a right to rescind loans within one business day.
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Imposes special protections for military members including prohibition on wage garnishment, suspension of collection during combat deployment, and ban on contacting military chain of command.
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Establishes $10,000 per violation fines, license suspension/revocation authority for the Commissioner, and creates private cause of action for borrowers with attorney's fees available to prevailing parties.
Legislative Description
An Act To Amend Title 5 Of The Delaware Code Relating To Predatory Refund Anticipation Lending.
Last Action
Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House
1/7/2010