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Consumer Credit Regulation: Mo. Rev. Stat. §§ 408.100 to 408.213 (Interest on Small Loans).

What types of lenders it applies to (e.g., banks vs. non-banks): Applicable broadly to loans that are not made under other Missouri laws. §§ 408.100, 408.190.

Licensure requirements and implications of licensure: Statute is silent. This is not a licensing statute.

Size and length of loans to which the statute applies, and any restrictions in the statute on these features: Statute excludes loans that are secured by a lien on real estate. § 408.100.

Consumer Credit Regulation: Neb. Rev. Stat. §§ 45-1001 to 45-1070 (Installment Loan Act).

What types of lenders it applies to (e.g., banks vs. non-banks): Any person, other than a financial institution (defined by §§ 8-101.03 and 45-1002(1)(h)) as a bank, savings bank, building and loan association, savings and loan association, credit union, or similar organization covered by federal deposit insurance, or a trust company) is eligible for a license and to be allowed to make loans under the Installment Loan Act. § 45-1003.

Consumer Credit Regulation: N.M. Stat. Ann. §§ 58-15-1 to 58-15-42 (Small Loan Act).

What types of lenders it applies to (e.g., banks vs. non-banks): Effective January 1, 2018, the Act applies to lenders making loans of $5,000 or less by virtue of a revision to the definition of installment loan at § 5-15-2(F). The threshold amount was formerly $2,500. It will increase to $10,000 as of Jan. 1, 2023. Exempts banks, savings and loan associations, credit unions, and licensed pawnbrokers. § 58-15-3(A), (C).

Consumer Credit Regulation: R.I. Gen. Laws §§ 6-26.1-1 to 6-26.1-13 (Credit Card Lenders).

What types of lenders it applies to (e.g., banks vs. non-banks): Applies to any lending institution or licensee under § 19-14-1 that offers or extends credit in the form of a credit card transaction. “Lending institution” is defined by § 19-9-1 as any regulated institution and any person that makes loans of money or negotiates the lending of money for another in any state or jurisdiction. § 19-14-1 provides for licensure of, inter alia, lenders making small loans, check cashers, debt-management service providers, and mortgage loan originators.

Credit Discrimination: Introduction to Sample Discovery

These are sample forms and must be adapted to fit the facts of a particular case and local procedural rules. Note that the Federal Rules of Civil Procedure limit the number of interrogatories to twenty-five, including subparts. This limitation may be avoided only by leave of the court with written stipulation of the parties. The reader should be aware of this limit in cases of federal litigation and in litigation in state courts that similarly limit discovery.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.18 Mandatory duty of approved agencies to obtain prior consent of the United States Trustee before taking certain actions.

(a) By accepting the designation to act as an approved agency, an agency agrees to obtain approval from the United States Trustee, prior to making any of the following changes:

(1) Cancellation or change in the amount of the surety bond or employee fidelity bond or insurance;

(2) The engagement of an independent contractor to provide counseling services or to have access to, possession of, or control over client funds;

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.19 Continuing requirements for becoming and remaining approved agencies.

(a) To become an approved agency, an agency must affirmatively establish, to the satisfaction of the United States Trustee, that the agency at the time of approval:

(1) Satisfies every requirement of this part; and

(2) Provides adequate counseling to its clients.

(b) To remain an approved agency, an approved agency shall affirmatively establish, to the satisfaction of the United States Trustee, that the approved agency:

Consumer Bankruptcy Law and Practice: §§ 58.20(a) through 58.20(e)

To meet the minimum qualifications set forth in § 58.19, and in addition to the other requirements set forth in this part, agencies and approved agencies shall comply with paragraphs (a) through (p) of this section on a continuing basis:

(a) Compliance with all laws. An agency shall comply with all applicable laws and regulations of the United States and each state in which the agency provides counseling services including, without limitation, all laws governing licensing and registration.

Consumer Bankruptcy Law and Practice: §§ 58.20(f) through 58.20(j)

(f) Credit counselor training, certification and experience. An agency shall:

(1) Use only counselors who possess adequate experience providing credit counseling, which shall mean that each counselor either:

(i) Holds a counselor certification and who has complied with all continuing education requirements necessary to maintain his or her counselor certification; or

Consumer Bankruptcy Law and Practice: §§ 58.20(k) through 58.20(p)

(k) Services to clients and potential clients with special needs. An agency that provides any portion of its counseling in person shall comply with all federal, state and local laws governing facility accessibility. An agency shall also provide or arrange for communication assistance for clients or potential clients with special needs who have difficulty making their service needs known.