RCW 31.45.105
Violations of chapter—Enforceability of transaction.
(1) It is a violation of this chapter for any person subject to this chapter to:
(a) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead any borrower, to defraud or mislead any lender, or to defraud or mislead any person;
(b) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(c) Directly or indirectly obtain property by fraud or misrepresentation;
(d) Make a small loan to any person physically located in Washington through use of the internet, facsimile, telephone, kiosk, or other means without first obtaining a small loan endorsement; and
(e) Sell in a retail installment transaction under chapter 63.14 RCW open loop prepaid access (prepaid access as defined in 31 C.F.R. Part 1010.100(ww) and not closed loop prepaid access as defined in 31 C.F.R. Part 1010.100(kkk)).
(2) It is a violation of this chapter for any person subject to this chapter to:
(a) Advertise, print, display, publish, distribute, or broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast [broadcasted] any statement or representation that is false, misleading, or deceptive, or that omits material information;
(b) Fail to pay the annual assessment by the date and time as specified in RCW 31.45.050;
(c) Fail to pay any other fee, assessment, or moneys due the department.
(3) In addition to any other penalties, any transaction in violation of subsection (1) of this section is uncollectible and unenforceable.
[ 2012 c 17 § 10; 2007 c 81 § 1.]
Structure Revised Code of Washington
Title 31 - Miscellaneous Loan Agencies
Chapter 31.45 - Check Cashers and Sellers.
31.45.020 - Application of chapter.
31.45.022 - Privacy or confidentiality of any information or material—Federal or other state's laws.
31.45.043 - Multistate licensing system—Director's discretion.
31.45.045 - Reports—Nationwide licensing system.
31.45.060 - Licensee—Schedule of fee and charges—Recordkeeping.
31.45.070 - Licensee—Permissible transactions—Restrictions.
31.45.077 - Small loan endorsement—Application—Form—Information—Exemption from disclosure—Fees.
31.45.079 - Making small loans—Agent for a licensee or exempt entity—Federal preemption.
31.45.080 - Trust funds—Deposit requirements—Rules.
31.45.082 - Delinquent small loan—Restrictions on collection by licensee or third party—Definitions.
31.45.084 - Small loan installment plan—Terms—Restrictions.
31.45.085 - Loan application—Required statement—Rules.
31.45.086 - Small loans—Right of rescission.
31.45.088 - Small loans—Disclosure requirements—Advertising—Making loan.
31.45.090 - Report requirements—Disclosure of information—Rules.
31.45.093 - Information system—Access—Required information—Fees—Rules.
31.45.100 - Examination or investigation—Director's authority—Costs.
31.45.103 - Subpoena authority—Application—Contents—Notice—Fees.
31.45.105 - Violations of chapter—Enforceability of transaction.
31.45.120 - Violations or unsound practices—Temporary cease and desist order—Director's authority.
31.45.130 - Temporary cease and desist order—Licensee's application for injunction.
31.45.140 - Violation of temporary cease and desist order—Director's application for injunction.
31.45.150 - Licensee's failure to perform obligations—Director's duty.
31.45.160 - Director's possession of property and business—Appointment of receiver.
31.45.180 - Violation—Misdemeanor.
31.45.190 - Violation—Consumer protection act—Remedies.
31.45.200 - Director—Broad administrative discretion.
31.45.210 - Military borrowers—Licensee's duty—Definition.