(A) A pawnbroker, at the time of each loan or purchase, shall deliver to the person selling, pawning, or pledging any articles, at no charge, a memorandum signed by the pawnbroker and the person pawning or pledging any articles containing the substance of the entry required by Section 40-39-70. If the memorandum is lost, the pledgor may receive a duplicate upon payment of a fee not exceeding three dollars. The administrator may prescribe the form to be used.
(B)(1) The pawn ticket for a pledge or purchase transaction must satisfy the requirements of the Truth in Lending Act and Regulation Z, must identify whether the transaction is a pawn or purchase, and at a minimum must include:
(a) the name and address of the pledgor or seller;
(b) the date of birth of the pledgor or seller;
(c) the driver's license number or other state or federal government-issued photographic identification number of the pledgor or seller;
(d) the transaction date;
(e) the transaction maturity date;
(f) the amount financed or purchase price;
(g) the finance charge;
(h) the total of payments;
(i) the annual percentage rate;
(j) a statement of the pledgor or seller that the pledgor or seller is the lawful owner of the pledged or sold property;
(k) the name and business address of the pawnbroker; and
(l) a complete and accurate description of the pledged or purchased goods including any applicable:
(i) brand name;
(ii) model number;
(iii) manufacturer's serial number, if issued by the manufacturer and not intentionally defaced, altered or removed;
(iv) size;
(v) color, as apparent to the untrained eye, not applicable to diamonds;
(vi) precious metal type, weight, and content, if known or indicated;
(vii) gemstone color and shape, as apparent to the untrained eye, and number of stones;
(viii) type of action, caliber or gauge, number of barrels, barrel length and finish if the item is a firearm; and
(ix) any other unique markings, numbers, names, or letters.
(2) In addition to the requirements of item (1), the pledgor or seller shall sign the form after the pawnbroker confirms positive identification of the pledgor or seller.
(3) Notwithstanding the provisions of subsection (B)(1)(i) through (ix), in the case of multiple items of a similar nature delivered together in one transaction which do not bear serial or model numbers and which do not include precious metals or gemstones, such as musical or video recordings, books, and hand tools, the description of the items is adequate if it contains the quantity of items and a description of the type of items delivered.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 10, eff June 9, 2016.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1752; Civ. C. '12 Section 2628; Civ. C. '22 Section 3949; 1932 Code Section 7133; 1942 Code Section 7133; 1952 Code Section 56-1158; 1962 Code Section 56-1158.
Effect of Amendment
2016 Act No. 262, Section 10, inserted paragraph designator (A); in (A), inserted "or purchase" and "selling", and made other nonsubstantive changes; and added (B), relating to pawn ticket requirements.