Applicability of subtitle -- In general

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    (a)    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)    (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.


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