09.03.02.05

.05 Unfair and Deceptive Trade Practices.

A. Advertising.

(1) Each consumer loan licensee shall comply with all provisions of Regulation Z, promulgated under the Federal Consumer Credit Protection Act, Truth-in-Lending, that relate to the advertising of credit terms.

(2) A consumer loan licensee may not use blind advertisements, such as giving only telephone numbers or box number addresses. A licensee may not advertise that any loan business will be conducted at any place other than the licensed address.

(3) A consumer loan licensee may not advertise or otherwise communicate to any borrower that payments will be waived for any contingency without also advising the borrower that daily interest charges will continue during the waiver period, if this is the fact.

B. Filing of Suits and Legal Process. In connection with any debt arising out of a consumer loan, a licensee may not file suit against a debtor in a foreign jurisdiction when the debtor is domiciled and regularly employed in the State. This prohibition extends to any proceedings in attachment against the debtor.

C. Merchant Referral Loans.

(1) Loans may not be contracted for by a licensee who knows that the borrower is purchasing the merchandise under duress or misrepresentation connected with the financing of the merchandise.

(2) A licensee may not compel the borrower to use the proceeds of the loan for the prospective purchase. A check will not be made payable to the merchant, or endorsed payable to the merchant at the direction of the licensee.

(3) A licensee may not pay to or accept from a merchant anything of value for making a loan to a borrower referred to the licensee by a merchant.