Legislation
SECTION 744
Acts prohibited
Banking (BNK) CHAPTER 2, ARTICLE 14-B
* § 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:
(a) employ any scheme, device, or artifice to defraud or mislead a
borrower;
(b) engage in any deceptive or unfair practice toward any person or
misrepresent or omit any material information in connection with the
buy-now-pay-later loans, including, but not limited to, misrepresenting
the amount, nature or terms of any fee or payment due or claimed to be
due on the loan, the terms and conditions of the loan agreement or the
borrower's obligations under the loan;
(c) misapply payments to the outstanding balance of any buy-now-pay-
later loan or to any related fees;
(d) provide inaccurate information to a consumer reporting agency; or
(e) make any false statement or make any omission of a material fact
in connection with any information or reports filed with a governmental
agency or in connection with any investigation conducted by the
superintendent or another governmental agency.
* NB Effective upon the one hundred eightieth day after the
promulgation of rules and/or regulations by the department of financial
services to effectuate certain provisions (see Ch. 58 of 2025, Part Y, §
13)
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:
(a) employ any scheme, device, or artifice to defraud or mislead a
borrower;
(b) engage in any deceptive or unfair practice toward any person or
misrepresent or omit any material information in connection with the
buy-now-pay-later loans, including, but not limited to, misrepresenting
the amount, nature or terms of any fee or payment due or claimed to be
due on the loan, the terms and conditions of the loan agreement or the
borrower's obligations under the loan;
(c) misapply payments to the outstanding balance of any buy-now-pay-
later loan or to any related fees;
(d) provide inaccurate information to a consumer reporting agency; or
(e) make any false statement or make any omission of a material fact
in connection with any information or reports filed with a governmental
agency or in connection with any investigation conducted by the
superintendent or another governmental agency.
* NB Effective upon the one hundred eightieth day after the
promulgation of rules and/or regulations by the department of financial
services to effectuate certain provisions (see Ch. 58 of 2025, Part Y, §
13)