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Offense: DUS FAIL PAY/APR - CH SUP
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Section 1321.31 | Assignment of personal earnings - requirements, limitations, priority.

... husband or wife of the person making such assignment or order is attached to such assignment or order. No assignment of, or order for, wages or salary of a minor is valid unless the written consent of a parent or the guardian of such minor is attached to such order or assignment. No assignment of, or order for, wages or salary is valid for more than twenty-five per cent of the earnings, wages, or salary of any marri...

Section 1321.32 | Assignment of wages invalid - exception.

...pport of the employee's spouse or minor child in complying with an order of a court of record for the support of the employee's spouse or minor child. This section does not affect or invalidate any contract or agreement between employers and their employees, or as between employers, employees, and any labor union as to any checkoff on the wages of such employees as may be agreed upon. This section and section 4113.16...

Section 1321.33 | Wage assignments for support of spouse or children not subject to Small Loan Law or R.C. 1321.31.

...r, wages for the support of a spouse or children when such assignments or orders are made to comply with an order of a court of record. The employee may assign whatever portion of his earnings that may be required to comply with the court order for support.

Section 1321.35 | Short-term Loan Law definitions.

...Revised Code. (C) "Interest" means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, service charges, renewal charges, and any ancillary product sold in connection with a short-term loan, but does not include the monthly maintenance fees, the loan origination charge, the check collection charge, or the check cashing fee authorized under section 1321.40 o...

Section 1321.36 | Short-term loan license required; telephone and mail loans; exceptions; applicability of Short-term Loan Law.

...irst having obtained a license from the superintendent of financial institutions under sections 1321.35 to 1321.48 of the Revised Code. (B) No person shall make, offer, or broker a loan, or assist a borrower to obtain a loan, via the telephone or mail. (C) Any loan made in violation of this section is void, and the lender has no right to collect, receive, or retain any principal, interest, fees, or other charges in...

Section 1321.37 | Application for short-term loan license; fee; approval procedure; assets; bond.

...to or been convicted of a disqualifying offense as determined in accordance with section 9.79 of the Revised Code. (5) Neither the applicant nor any senior officer, or partner of the applicant, has been subject to any adverse judgment for conversion, embezzlement, misappropriation of funds, fraud, misfeasance or malfeasance, or breach of fiduciary duty, or if the applicant or any of those other persons has been su...

Section 1321.38 | Contents of short-term loan license; additional licenses; change of place of business.

...sed Code shall state the address at which the business of making loans is to be conducted and shall state the full name of the business. Each license issued shall be conspicuously posted in the place of business and is not transferable or assignable. (B)(1) Not more than one place of business shall be maintained under the same license issued under sections 1321.35 to 1321.48 of the Revised Code, but the supe...

Section 1321.39 | Short-term loan requirements and restrictions.

...usiness of making loans provided that each loan meets all of the following conditions: (A) The total amount of the loan does not exceed one thousand dollars. (B)(1) Subject to division (B)(2) of this section, the minimum duration of the loanis ninety-one days and the maximum duration of the loan is one year. (2) The minimum duration of the loan may be less than ninety-one days if the total monthly payment on the l...

Section 1321.391 | Short-term loans of longer than 90 days.

... written copy of its recommendation, which is not binding on the borrower.

Section 1321.40 | Maximum interest rate; permissible short-term loan fees.

...A licensee may charge, collect, and receive only the following fees and charges in connection with a short-term loan: (A) Interest not exceeding a rate of twenty-eight per cent per annum; (B)(1) Except as otherwise provided in division (B)(2) of this section, a monthly maintenance fee that does not exceed the lesser of ten per cent of the originally contracted loan amount or thirty dollars, provided the fee is not ...

Section 1321.401 | Refinancing short-term loans.

...t per annum. (C) The licensee does not charge, collect, or receive the monthly maintenance fee described in division (B) of section 1321.40 of the Revised Code.

Section 1321.402 | Prepayment or refinancing prior to short-term loan maturity date.

...monthly maintenance fees, and all other charges based on a ratio of the number of days the loan was outstanding and the number of days for which the loan was originally contracted. For purposes of this section, the monthly maintenance fee is not considered to be fully earned at the beginning of a month.

Section 1321.403 | Short-term loan fee cap; exceptions.

...e to the contrary, a licensee shall not charge, collect, or receive in connection with a short-term loan a total amount of fees and charges that exceeds sixty per cent of the originally contracted loan amount. For purposes of this section, all charges made in connection with the loan shall be included when calculating the total loan charges except for all of the following: (A) The check collection charge authorize...

Section 1321.41 | Short-term loan licensee prohibitions.

...against the borrower for the borrower's failure to comply with the terms of the loan contract solely due to the check, negotiable order of withdrawal, share draft, or negotiable instrument being returned or dishonored for insufficient funds. Nothing herein prohibits such conduct, action, or complaint if the borrower has intentionally engaged in fraud by, including but not limited to, closing or using any closed or fa...

Section 1321.411 | Short-term loan collection limitations.

...unt after two consecutive attempts have failed, unless the licensee obtains new written authorization from the borrower to electronically transfer or withdraw funds from the borrower's account.

Section 1321.42 | Enforcement actions relating to short-term loan license.

...llowing applies: (1) The licensee has failed to comply with any order issued by the superintendent pursuant to section 1321.43 of the Revised Code. (2) Any fact or condition exists that if it had existed or had been known to exist at the time of original or renewal licensure pursuant to sections 1321.35 to 1321.48 of the Revised Code, the fact or condition clearly would have warranted the superintendent to r...

Section 1321.421 | Examination of short-term loan licensee's records.

...As often as the superintendent considers it necessary, the superintendent may examine the records of a licensee, but in any case, the superintendent shall examine the records of a licensee at least annually.

Section 1321.422 | Short-term loan licensee recordkeeping; annual reports.

...his purpose. (B)(1) As required by the superintendent of financial institutions, each licensee shall file with the division each year a report under oath or affirmation, on forms supplied by the division, concerning the business and operation for the preceding calendar year. If a licensee has more than one place of business in this state, the licensee shall furnish a report for each location. (2) The division shall...

Section 1321.43 | Short-term Loan Law rules and orders.

...ncial institutions, in accordance with Chapter 119. of the Revised Code, may adopt rules and issue specific orders to enforce and carry out the purposes of sections 1321.35 to 1321.48 of the Revised Code. The superintendent shall issue a rule defining "senior officer" for the purpose of section 1321.37 of the Revised Code. The superintendent may adopt, amend, and repeal substantive rules defining with reaso...

Section 1321.44 | Violations of Short-term Loan Law are unfair or deceptive acts; criminal proceedings.

...ng attorney of the county in which the offense may be prosecuted. If the prosecuting attorney does not prosecute the violations, or at the request of the prosecuting attorney, the superintendent shall present any evidence of criminal violations to the attorney general, who may proceed in the prosecution with all the rights, privileges, and powers conferred by law on prosecuting attorneys, including the power t...

Section 1321.45 | Prohibited short-term loan debt collection practices.

...han that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. (C) A debt collector, without the prior consent of the borrower given directly to the debt collector or without the express permission of a court of competent jurisdiction, may not communicate with a borrower in connection with the collection of any debt: (1) At any unusual time...

Section 1321.46 | Verification of borrower's income before making short-term loan.

...n the statement are payable. (B) The superintendent of financial institutions may adopt rules under section 1321.43 of the Revised Code that set forth any other procedures the superintendent considers necessary to ensure accurate verification of borrower income.

Section 1321.47 | Duties of short-term loan licensees; civil action by borrower.

...(A) A person licensed, and any person required to be licensed under sections 1321.35 to 1321.48 of the Revised Code, in addition to duties imposed by other statutes or common law, shall do all of the following: (1) Follow reasonable and lawful instructions from the borrower; (2) Act with reasonable skill, care, and diligence; (3) Act in good faith and fair dealing in any transaction or practice or course ...

Section 1321.48 | Reports by superintendent; confidentiality of information.

... Code, and the final dispositions of each such enforcement action; (2) Suspensions, revocations, or refusals to issue or renew licenses under sections 1321.35 to 1321.48 of the Revised Code. (B) The information required under divisions (A)(1) and (2) of this section does not include information that, pursuant to division (C) of this section, is confidential. (C) The following information is confidential: (1) ...

Section 1321.51 | General Loan Law definitions.

...1 to 1321.60 of the Revised Code. (N) "Superintendent of financial institutions" includes the deputy superintendent for consumer finance as provided in section 1181.21 of the Revised Code. (O) "State" in the context of referring to states in addition to Ohio means any state of the United States, the district of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the trust territory of t...