A. 9588 2
1. "CONSUMER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
NEW YORK.
2. "BUY-NOW-PAY-LATER LOAN" MEANS CREDIT PROVIDED TO A CONSUMER AT THE
TIME OF PURCHASE IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE
OF GOODS AND/OR SERVICES, OTHER THAN A MOTOR VEHICLE AS DEFINED UNDER
SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, PROVIDED
THAT THE CONSUMER SHALL NOT BE SUBJECT TO ANY INTEREST, PENALTY,
DISCOUNT, OR CONSIDERATION IN CONNECTION WITH SUCH CREDIT PROVIDED.
3. "BUY-NOW-PAY-LATER LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
LATER LOANS IN THIS STATE. FOR PURPOSES OF THE PRECEDING SENTENCE,
"OFFER" MEANS OFFERING TO MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
CREDIT DIRECTLY TO A CONSUMER OR OPERATING A PLATFORM, SOFTWARE OR
SYSTEM WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR BOTH. A
PERSON WHO SELLS GOODS OR SERVICES TO A CONSUMER AND EXTENDS CREDIT TO
SUCH CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF
SUCH GOODS AND/OR SERVICES SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER
LENDER WITH RESPECT TO SUCH TRANSACTIONS. A PERSON SHALL NOT BE CONSID-
ERED A BUY-NOW-PAY-LATER LENDER ON THE BASIS OF ISOLATED, INCIDENTAL OR
OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET THE DEFINITIONS OF THIS
SECTION.
4. "EXEMPT ORGANIZATION" MEANS ANY BANKING ORGANIZATION OR FOREIGN
BANKING CORPORATION LICENSED BY THE SUPERINTENDENT OR THE COMPTROLLER OF
THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE, NATIONAL BANK, FEDERAL
SAVINGS BANK, FEDERAL SAVINGS AND LOAN ASSOCIATION, OR FEDERAL CREDIT
UNION. SUBJECT TO SUCH REGULATIONS AS MAY BE PROMULGATED BY THE SUPER-
INTENDENT, "EXEMPT ORGANIZATION" MAY ALSO INCLUDE ANY SUBSIDIARY OF SUCH
ENTITIES.
5. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE PURSUANT TO
THIS ARTICLE.
6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
OR ANY OTHER BUSINESS ORGANIZATION.
§ 737. LICENSE. 1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
IZATION AS DEFINED IN THIS ARTICLE, SHALL ACT AS A BUY-NOW-PAY-LATER
LENDER WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT.
2. AN APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
IN THE FORM AND CONTAINING SUCH INFORMATION AS THE SUPERINTENDENT MAY
REQUIRE.
3. AT THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER.
4. A LICENSE GRANTED PURSUANT TO THIS ARTICLE SHALL BE VALID UNLESS
REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY THE
LICENSEE AND ACCEPTED BY THE SUPERINTENDENT.
5. IN CONNECTION WITH AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY NOTING SUCH CAPITALIZA-
TION REQUIREMENTS AND ACCESS TO SUCH CREDIT AS MAY BE PRESCRIBED BY THE
REGULATIONS OF THE SUPERINTENDENT.
§ 738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED. 1. AFTER THE FILING OF AN APPLICATION FOR A
LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO SUBDIVISION THREE
OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE, IT SHALL BE
SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED SUFFICIENT AND
COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL RESPONSIBILITY,
INCLUDING MEETING ANY CAPITAL REQUIREMENTS AS ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION, EXPERIENCE, CHARACTER AND GENERAL
A. 9588 3
FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH THE APPLICANT ARE
SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY AND TO WARRANT THE
BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY, FAIRLY AND EFFI-
CIENTLY WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS SUBDIVISION, THE
APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF THE APPLICANT IF
IT IS A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR ORGANIZATION, AND
ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE APPLICANT IF IT IS A
CORPORATION.
2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE, THE SUPERINTEN-
DENT SHALL NOTIFY THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF
THIS ARTICLE.
3. THE SUPERINTENDENT MAY ISSUE REGULATIONS SETTING CAPITAL REQUIRE-
MENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF LICENSEES AND
THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS, VOLUME OF BUSI-
NESS, COMPLEXITY, AND OTHER RELEVANT FACTORS REGARDING SUCH LICENSEES.
FURTHER, THE SUPERINTENDENT MAY ISSUE RULES AND REGULATIONS PRESCRIBING
A METHODOLOGY TO CALCULATE CAPITAL REQUIREMENTS WITH RESPECT TO LICEN-
SEES OR CATEGORIES THEREOF.
§ 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER THIS
ARTICLE SHALL STATE THE NAME AND ADDRESS OF THE LICENSEE, AND IF THE
LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES OF THE MEMBERS
THEREOF, AND IF A CORPORATION THE DATE AND PLACE OF ITS INCORPORATION.
2. SUCH LICENSE SHALL BE KEPT CONSPICUOUSLY POSTED ON THE MOBILE
APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF THE LICENSEE, AS
WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
OFFERED OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
§ 740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE. PRIOR TO
ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
DENT AND PAY AN INVESTIGATION FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AS THE SUPERINTENDENT, BY REGULATION, MAY
PRESCRIBE AS NECESSARY OR APPROPRIATE FOR THE PURPOSE OF MAKING THE
DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A LICENSEE. THEREAFTER, SUCH LEGAL REPRESENTATIVE SHALL
COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE
APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL REPRE-
SENTATIVE.
A. 9588 4
4. THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION TO
ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE, CONSERVATOR OR
RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESENTATIVE AND ONE
ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SUCH COURT APPOINTMENT.
5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
OF VOTING STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
PERSON WHICH POSSESSES SUCH POWER OR OTHERWISE. CONTROL SHALL BE
PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK
OF ANY LICENSEE OR OF ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF ANY LICEN-
SEE, BUT NO PERSON SHALL BE DEEMED TO CONTROL A LICENSEE SOLELY BY
REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR PERSON. THE
SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
TION OF A LICENSEE OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD
WITH POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
SECTION.
§ 741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1. A
LICENSE GRANTED PURSUANT TO THIS SECTION MAY BE REVOKED OR SUSPENDED BY
THE SUPERINTENDENT UPON A FINDING THAT:
(A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, CLEARLY WOULD HAVE
WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
(C) THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING OR REQUIRE-
MENT OF THE SUPERINTENDENT.
2. ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
INTENDENT WRITTEN NOTICE THAT THE LICENSEE THEREBY SURRENDERS SUCH
LICENSE. SUCH SURRENDER SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL OR CRIMINAL
LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
3. EVERY LICENSE ISSUED HEREUNDER SHALL REMAIN IN FORCE AND EFFECT
UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTENDENT
SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE A NEW
LICENSE TO A LICENSEE WHOSE LICENSE HAS BEEN REVOKED IF NO FACT OR
CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
DENT'S REFUSAL TO ISSUE SUCH LICENSE.
4. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED PURSUANT TO THIS ARTICLE, THE SUPERINTENDENT SHALL FORTHWITH
EXECUTE A WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE REVIEWED IN
THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES. SUCH SPECIAL PROCEEDING FOR REVIEW AS AUTHORIZED BY THIS
SECTION MUST BE COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER
OF SUSPENSION OR REVOCATION.
5. THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
ING, SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE FOR A PERIOD
NOT EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED
A. 9588 5
IN THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS ENGAGED IN
OR IS LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR INEQUITA-
BLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
§ 742. SUPERINTENDENT AUTHORIZED TO EXAMINE. 1. THE SUPERINTENDENT
SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS THE SUPERINTENDENT
SHALL DEEM NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE
OR ANY OTHER APPLICABLE LAW, OR WHETHER ANY LICENSEE HAS CONDUCTED
ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION OF ITS LICENSE,
AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
ATTENDANCE OF AND EXAMINE ANY PERSON UNDER OATH, AND SHALL HAVE THE
POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
AND DOCUMENTS.
2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE SUCH EXAMINATIONS
OF THE BOOKS, RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
ANY LICENSEE AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO DETERMINE
WHETHER ANY SUCH LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
CHAPTER OR ANY OTHER APPLICABLE LAW OR TO SECURE INFORMATION LAWFULLY
REQUIRED BY THE SUPERINTENDENT.
§ 743. LICENSEE'S BOOKS AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
LENDER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS, ACCOUNTS AND
RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE WHETHER SUCH
BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS ARTI-
CLE AND WITH THE RULES AND REGULATIONS LAWFULLY MADE BY THE SUPERINTEN-
DENT HEREUNDER. EVERY BUY-NOW-PAY-LATER LENDER SHALL PRESERVE SUCH
BOOKS, ACCOUNTS AND RECORDS FOR AT LEAST SIX YEARS AFTER MAKING THE
FINAL ENTRY IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN RECORDED THEREIN;
PROVIDED, HOWEVER, THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPROD-
UCTIONS THEREOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTI-
TUTE COMPLIANCE WITH THIS REQUIREMENT.
2. BY A DATE TO BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
AUTHORITY OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY AND BE IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT. IN ADDITION TO SUCH ANNUAL
REPORTS, THE SUPERINTENDENT MAY REQUIRE OF LICENSEES SUCH ADDITIONAL
REGULAR OR SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
§ 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL TAKE OR
CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
2. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE OR CAUSE TO BE MADE AN
ADVERTISEMENT FOR A BUY-NOW-PAY-LATER LOAN THAT IS FALSE, MISLEADING, OR
DECEPTIVE.
§ 745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO BUY-NOW-PAY-LA-
TER LENDER SHALL CHARGE, CONTRACT FOR, OR OTHERWISE RECEIVE FROM A
CONSUMER ANY INTEREST, PENALTY, LATE FEE, DISCOUNT OR OTHER CONSIDER-
ATION IN CONNECTION TO A BUY-NOW-PAY-LATER LOAN, WHETHER DIRECTLY OR
INDIRECTLY.
A. 9588 6
§ 746. CONSUMER PROTECTIONS. 1. DISCLOSURES. A BUY-NOW-PAY-LATER LEND-
ER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF
BUY-NOW-PAY-LATER LOANS, INCLUDING THE COST, REPAYMENT SCHEDULE, AND
OTHER MATERIAL CONDITIONS, IN A CLEAR AND CONSPICUOUS MANNER.
2. ABILITY TO REPAY. SUBJECT TO REGULATIONS TO BE PROMULGATED BY THE
SUPERINTENDENT, A BUY-NOW-PAY-LATER LENDER SHALL, BEFORE PROVIDING OR
CAUSING TO BE PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, MAKE, OR
CAUSE TO BE MADE, A REASONABLE DETERMINATION THAT SUCH CONSUMER HAS THE
ABILITY TO REPAY THE BUY-NOW-PAY-LATER LOAN.
3. CREDIT REPORTING PROHIBITION. A BUY-NOW-PAY-LATER LENDER SHALL NOT
REPORT ANY CONSUMER DATA OBTAINED THROUGH A BUY-NOW-PAY-LATER LOAN TO
ANY CREDIT REPORTING AGENCY.
4. RETURNS, REFUNDS AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL
HANDLE OR CAUSE TO BE HANDLED RETURNS OF AND REFUNDS AND CREDITS FOR
GOODS OR SERVICES PURCHASED IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN
IN A MANNER THAT IS FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME TO
CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE
MAINTAINED POLICIES AND PROCEDURES REGARDING SUCH HANDLING OF RETURNS,
REFUNDS, AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE
TO BE DISCLOSED TO CONSUMERS IN A CLEAR AND CONSPICUOUS MANNER THE PROC-
ESS BY WHICH THEY CAN RETURN AND OBTAIN REFUNDS OR CREDITS FOR GOODS OR
SERVICES THEY HAVE PURCHASED WITH A BUY-NOW-PAY-LATER LOAN. CONSUMER
CLAIMS FOR RETURNS, REFUNDS, AND CREDITS SHALL ONLY BE FULFILLED BY THE
BUY-NOW-PAY-LATER LENDER UPON RECEIPT OF THE RETURNED GOOD OR PRODUCT
SUBJECT TO THE BUY-NOW-PAY-LATER LOAN FROM THE SELLER, OR THE CANCELLA-
TION OF THE SERVICE SUBJECT TO THE BUY-NOW-PAY-LATER LOAN FROM THE SELL-
ER.
5. CONSUMER DISPUTES. A BUY-NOW-PAY-LATER LENDER SHALL RESOLVE OR
CAUSE TO BE RESOLVED DISPUTES IN A MANNER THAT IS FAIR AND TRANSPARENT
TO CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL CREATE OR CAUSE TO BE
CREATED A READILY AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUM-
ERS TO BRING A DISPUTE TO THE BUY-NOW-PAY-LATER LENDER. A BUY-NOW-PAY-
LATER LENDER SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUM-
ER DISPUTES.
6. USE OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL CLEARLY AND
CONSPICUOUSLY DISCLOSE OR CAUSE TO BE DISCLOSED TO A CONSUMER TO WHICH
IT PROVIDES A LOAN HOW SUCH CONSUMER'S DATA MAY BE USED BY THE BUY-NOW-
PAY-LATER LENDER. THE BUY-NOW-PAY-LATER LENDER SHALL PROVIDE THE CONSUM-
ER THE OPPORTUNITY TO PROVIDE CONSENT TO SUCH COLLECTION AND USE OF
CONSUMER DATA, PROVIDED THAT WITHOUT SUCH CONSENT THE BUY-NOW-PAY-LATER
LENDER SHALL NOT COLLECT OR USE SUCH CONSUMER DATA. THE SUPERINTENDENT,
IN THEIR DISCRETION, MAY BY REGULATION PROHIBIT CERTAIN USES OF CONSUMER
DATA IF SUCH USE POSES AN UNDUE RISK TO CONSUMERS.
7. UNAUTHORIZED USE. THE SUPERINTENDENT MAY ISSUE RULES AND REGU-
LATIONS REGARDING TREATMENT OF UNAUTHORIZED USE, SO THAT CONSUMERS ARE
LIABLE FOR USE OF BUY-NOW-PAY-LATER LOANS IN THEIR NAME ONLY UNDER
CIRCUMSTANCES WHERE SUCH LIABILITY WOULD BE FAIR AND REASONABLE.
8. VOID BUY-NOW-PAY-LATER LOANS. ANY BUY-NOW-PAY-LATER LOAN MADE BY A
PERSON NOT LICENSED UNDER THIS ARTICLE, OTHER THAN AN EXEMPT ORGANIZA-
TION, SHALL BE VOID, AND SUCH PERSON SHALL HAVE NO RIGHT TO COLLECT OR
RECEIVE ANY PRINCIPAL, INTEREST OR CHARGE WHATSOEVER.
§ 747. AUTHORITY OF SUPERINTENDENT. THE SUPERINTENDENT IS AUTHORIZED
TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE APPROPRIATE,
IN THEIR SOLE DISCRETION, TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE,
PROTECT CONSUMERS, AND ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF
BUY-NOW-PAY-LATER LENDERS. THE SUPERINTENDENT IS FURTHER AUTHORIZED TO
A. 9588 7
MAKE SUCH SPECIFIC RULINGS, DEMANDS, AND FINDINGS AS MAY BE NECESSARY
FOR THE PROPER CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND
FOR THE ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCON-
SISTENT HEREWITH.
§ 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES OR PARTIC-
IPATES IN THE VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT OF A MATERIAL
FACT IN ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS
ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY TO
GIVE THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION,
SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN SIX
MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
2. WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER ANY
OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A PROCEEDING
AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER LENDER, WHETHER
OR NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A PENALTY FOR ANY
VIOLATION OF THIS CHAPTER, ANY REGULATION PROMULGATED THEREUNDER, ANY
FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO SECTION THIRTY-NINE OF THIS
CHAPTER, ANY CONDITION IMPOSED IN WRITING BY THE SUPERINTENDENT IN
CONNECTION WITH THE GRANT OF ANY APPLICATION OR REQUEST, OR ANY WRITTEN
AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT, AND FOR KNOWINGLY MAKING
ANY INCORRECT STATEMENT OF A MATERIAL FACT IN ANY APPLICATION, REPORT OR
STATEMENT FILED PURSUANT TO THIS ARTICLE, OR KNOWINGLY OMITTING TO STATE
ANY MATERIAL FACT NECESSARY TO GIVE THE SUPERINTENDENT ANY INFORMATION
LAWFULLY REQUIRED BY THE SUPERINTENDENT OR REFUSING TO PERMIT ANY LAWFUL
INVESTIGATION OR EXAMINATION. AS TO ANY BUY-NOW-PAY-LATER LENDER THAT IS
NOT A LICENSEE OR AN EXEMPT ORGANIZATION, THE SUPERINTENDENT IS AUTHOR-
IZED TO IMPOSE A PENALTY IN THE SAME AMOUNT AUTHORIZED IN SECTION
FORTY-FOUR OF THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER BY ANY PERSON
LICENSED, CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED, ACCREDITED,
INCORPORATED OR OTHERWISE APPROVED BY THE SUPERINTENDENT PURSUANT TO
THIS CHAPTER.
3. NO BUY-NOW-PAY-LATER LENDER SHALL MAKE, DIRECTLY OR INDIRECTLY,
ORALLY OR IN WRITING, OR BY ANY METHOD, PRACTICE OR DEVICE, A REPRESEN-
TATION THAT SUCH BUY-NOW-PAY-LATER LENDER IS LICENSED UNDER THE BANKING
LAW EXCEPT THAT A LICENSEE UNDER THIS CHAPTER MAY MAKE A REPRESENTATION
THAT THE LICENSEE IS LICENSED AS A BUY-NOW-PAY-LATER LENDER UNDER THIS
CHAPTER.
§ 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
BLE.
§ 2. Subdivision 1 of section 36 of the banking law, as amended by
chapter 146 of the laws of 1961, is amended to read as follows:
1. The superintendent shall have the power to examine every banking
organization, every bank holding company and any non-banking subsidiary
thereof (as such terms "bank holding company" and "non-banking subsid-
iary" are defined in article three-A of this chapter) and every licensed
lender AND LICENSED BUY-NOW-PAY-LATER LENDER at any time prior to its
dissolution whenever in his judgment such examination is necessary or
advisable.
A. 9588 8
§ 3. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed mortgage banker,
registered mortgage broker, licensed mortgage loan originator, licensed
sales finance company, registered mortgage loan servicer, licensed
student loan servicer, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, any other person
or entity subject to supervision under this chapter, or the department,
shall be confidential communications, shall not be subject to subpoena
and shall not be made public unless, in the judgment of the superinten-
dent, the ends of justice and the public advantage will be subserved by
the publication thereof, in which event the superintendent may publish
or authorize the publication of a copy of any such report or any part
thereof in such manner as may be deemed proper or unless such laws
specifically authorize such disclosure. For the purposes of this subdi-
vision, "reports of examinations and investigations, and any correspond-
ence and memoranda concerning or arising out of such examinations and
investigations", includes any such materials of a bank, insurance or
securities regulatory agency or any unit of the federal government or
that of this state any other state or that of any foreign government
which are considered confidential by such agency or unit and which are
in the possession of the department or which are otherwise confidential
materials that have been shared by the department with any such agency
or unit and are in the possession of such agency or unit.
§ 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
by chapter 360 of the laws of 1984, are amended to read as follows:
3. In addition to any reports expressly required by this chapter to be
made, the superintendent may require any banking organization, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed mortgage banker, foreign banking corporation licensed by the
superintendent to do business in this state, bank holding company and
any non-banking subsidiary thereof, corporate affiliate of a corporate
banking organization within the meaning of subdivision six of section
thirty-six of this article and any non-banking subsidiary of a corpo-
ration which is an affiliate of a corporate banking organization within
the meaning of subdivision six-a of section thirty-six of this article
to make special reports to him at such times as he may prescribe.
5. The superintendent may extend at his discretion the time within
which a banking organization, foreign banking corporation licensed by
the superintendent to do business in this state, bank holding company or
any non-banking subsidiary thereof, licensed casher of checks, licensed
mortgage banker, private banker, LICENSED BUY-NOW-PAY-LATER LENDER or
licensed lender is required to make and file any report to the super-
intendent.
A. 9588 9
§ 5. Section 39 of the banking law, as amended by section 3 of part L
of chapter 58 of the laws of 2019, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation licensed by
the superintendent to do business or maintain a representative office in
this state has violated any law or regulation, he or she may, in his or
her discretion, issue an order describing such apparent violation and
requiring such banking organization, bank holding company, registered
mortgage broker, licensed mortgage banker, licensed student loan servi-
cer, licensed mortgage loan originator, licensed lender, LICENSED BUY-
NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, out-of-state state bank that main-
tains a branch or branches or representative or other offices in this
state, or foreign banking corporation to appear before him or her, at a
time and place fixed in said order, to present an explanation of such
apparent violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, licensed student loan servicer, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, LICENSED
BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation licensed by the super-
intendent to do business in this state is conducting business in an
unauthorized or unsafe and unsound manner, he or she may, in his or her
discretion, issue an order directing the discontinuance of such unau-
thorized or unsafe and unsound practices, and fixing a time and place at
which such banking organization, bank holding company, registered mort-
gage broker, licensed mortgage banker, licensed student loan servicer,
registered mortgage loan servicer, licensed mortgage loan originator,
licensed lender, LICENSED BUY-NOW-PAY-LATER LICENSED, licensed casher of
checks, licensed sales finance company, licensed insurance premium
finance agency, licensed transmitter of money, licensed budget planner,
out-of-state state bank that maintains a branch or branches or represen-
tative or other offices in this state, or foreign banking corporation
may voluntarily appear before him or her to present any explanation in
defense of the practices directed in said order to be discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
A. 9588 10
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered mortgage
broker, licensed mortgage banker, licensed student loan servicer,
licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner or private banker are not satisfied, the super-
intendent may, in the superintendent's discretion, issue an order
directing that such banking organization, bank holding company, branch
or agency of a foreign banking corporation, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, licensed lend-
er, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, or private
banker make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, he or
she may, in his or her discretion, issue an order directing that such
banking organization, branch or agency of a foreign banking corporation
make good such reserves forthwith or within a time specified in such
order, or that it keep its reserves on hand as required by this chapter.
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, agency or branch of a foreign banking corpo-
ration licensed by the superintendent to do business in this state, does
not keep its books and accounts in such manner as to enable him or her
to readily ascertain its true condition, he or she may, in his or her
discretion, issue an order requiring such banking organization, bank
holding company, registered mortgage broker, licensed mortgage banker,
licensed student loan servicer, registered mortgage loan servicer,
licensed mortgage loan originator, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, or foreign banking corporation, or
the officers or agents thereof, or any of them, to open and keep such
books or accounts as he or she may, in his or her discretion, determine
and prescribe for the purpose of keeping accurate and convenient records
of its transactions and accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 6. Subdivision 1 of section 42 of the banking law, as amended by
chapter 65 of the laws of 1948, is amended to read as follows:
A. 9588 11
1. The name and the location of the principal office of every proposed
corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks, the organization certificate,
private banker's certificate or application for license of which has
been filed for examination, and the date of such filing.
§ 7. Subdivision 2 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
2. The name and location of every licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER and licensed casher of checks, and the name, location,
amount of capital stock or permanent capital and amount of surplus of
every corporation and private banker and the minimum assets required of
every branch of a foreign banking corporation authorized to commence
business, and the date of authorization or licensing.
§ 8. Subdivision 3 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
3. The name of every proposed corporation, private banker, branch of a
foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks to which a certificate of authori-
zation or a license has been refused and the date of notice of refusal.
§ 9. Subdivision 4 of section 42 of the banking law, as amended by
chapter 60 of the laws of 1957, is amended to read as follows:
4. The name and location of every private banker, licensed lender,
licensed casher of checks, sales finance company, LICENSED BUY-NOW-PAY-
LATER LENDER and foreign corporation the authorization certificate or
license of which has been revoked, and the date of such revocation.
§ 10. Subdivision 5 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
5. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration which has applied for leave to change its place or one of its
places of business and the places from and to which the change is
proposed to be made; the name of every banking organization which has
applied to change the designation of its principal office to a branch
office and to change the designation of one of its branch offices to its
principal office, and the location of the principal office which is
proposed to be redesignated as a branch office and of the branch office
which is proposed to be redesignated as the principal office.
§ 11. Subdivision 6 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
6. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration authorized to change its place or one of its places of business
and the date when and the places from and to which the change is author-
ized to be made; the name of every banking organization authorized to
change the designation of its principal office to a branch office and to
change the designation of a branch office to its principal office, the
location of the redesignated principal office and of the redesignated
branch office, and the date of such change.
§ 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
A. 9588 12
cy, licensed transmitter of money, licensed mortgage banker, licensed
student loan servicer, registered mortgage broker, licensed mortgage
loan originator, registered mortgage loan servicer or licensed budget
planner to pay to the people of this state a penalty for any violation
of this chapter, any regulation promulgated thereunder, any final or
temporary order issued pursuant to section thirty-nine of this article,
any condition imposed in writing by the superintendent in connection
with the grant of any application or request, or any written agreement
entered into with the superintendent.
§ 13. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation authorized to be made by the superintendent
pursuant to this act is authorized to be made and completed on or before
such effective date.