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Consumer Credit Regulation: Kan. Stat. Ann. §§ 16a-2-101 to 16a-9-102 (Consumer Credit Code).

What types of lenders it applies to (e.g., banks vs. non-banks): Act applies to “consumer credit transactions,” broadly defined. § 16a-1-301(5). Excludes extensions of credit to government or governmental agencies, certain transactions under public utility or common carrier tariffs, licensed pawnbrokers (except for disclosure requirements), and transactions covered by the insurance premium finance act. § 16a-1-202.

Consumer Credit Regulation: Mass. Gen. Laws ch. 140, §§ 114B, 114C; 209 Mass. Code Regs. § 26.01.

What types of lenders it applies to (e.g., banks vs. non-banks): Any creditor. § 114B.

Licensure requirements and implications of licensure: None.

Size and length of loans to which the statute applies, and any restrictions in the statute on these features: Statute is silent.

Other restrictions on applicability of statute (e.g., it only applies if lender takes a mortgage on real property): Applies to open-end credit plans. § 114B. Section 114C applies to credit card issuers.

Consumer Credit Regulation: Mich. Comp. Laws §§ 493.1 to 493.24 (Regulatory Loan Act).

What types of lenders it applies to (e.g., banks vs. non-banks): Applies generally to lenders, but exempts banks, savings banks, industrial banks, trust companies, building and loan associations, credit unions, and licensed pawnbrokering. §§ 493.2, 493.20.

Licensure requirements and implications of licensure: Must have license to make loans at rate higher than non-licensee can charge. § 493.2(1).

Size and length of loans to which the statute applies, and any restrictions in the statute on these features: Statute is silent.

Consumer Credit Regulation: Mich. Comp. Laws §§ 445.1851 to 445.1864 (Credit Reform Act).

What types of lenders it applies to (e.g., banks vs. non-banks): Act applies to extensions of credit made by regulated lenders. § 445.1854. “Regulated lender” means a depository institution, a licensee under the consumer financial services act, the motor vehicle sales finance act, or the regulatory loan act (summarized above), or a seller under the home improvement finance act. § 445.1852(i).

Consumer Credit Regulation: Mich. Comp. Laws §§ 493.101 to 493.114 (Regulatory Loans; Credit Card Arrangements).

What types of lenders it applies to (e.g., banks vs. non-banks): Applies generally to lenders that offer credit cards, but excludes banks, savings and loan associations, credit unions, and retail sellers or other creditors under the Retail Installment Sales Act, except that, to the extent such a lender uses the rate authority provided in the Act, it must also comply with the Act’s other substantive provisions. § 493.114(1).

Consumer Credit Regulation: Miss. Code Ann. § 75-17-19 (Revolving Charge Agreements).

What types of lenders it applies to (e.g., banks vs. non-banks): Any lender or issuer of credit cards and any retail seller. § 75-17-19(1).

Licensure requirements and implications of licensure: Statute is silent.

Size and length of loans to which the statute applies, and any restrictions in the statute on these features: Statute is silent.

Other restrictions on applicability of statute (e.g., it only applies if lender takes a mortgage on real property): Statute is silent.

Consumer Credit Regulation: N.H. Rev. Stat. Ann. §§ 399-A:1 to 399-A:24 (Small Loans).

What types of lenders it applies to (e.g., banks vs. non-banks): Any person engaged in the business of making small loans, including closed-end loans, open-end loans, title loans, and payday loans. §§ 399-A:1(XX), 399-A:2. Chapter does not apply to banks, trust companies, insurance companies, savings or building and loan associations, credit unions, or lenders that exclusively make educational loans. §§§ 399-A:1(XII), 399-A:2(III), 399-A:3.

Consumer Credit Regulation: N.J. Stat. Ann. §§ 17:11C-1 to 17:11C-49 (West) (New Jersey Consumer Finance Licensing Act).

What types of lenders it applies to (e.g., banks vs. non-banks): Applies to anyone making covered loans, but depository institutions, trust companies, insurance companies, and pawnbrokers are exempt. § 17:11C-6.

Licensure requirements and implications of licensure: License required to engage in consumer loan business, i.e., make consumer loans of $50,000 or less at rates greater than a non-licensee may charge. § 17:11C-3. Loan made without a required license is void unless lender meets statutory good faith error requirements. § 17:11C-33(b).

Consumer Credit Regulation: N.C. Gen. Stat. § 24-11 (Open-End Credit).

What types of lenders it applies to (e.g., banks vs. non-banks): Does not apply to banks, savings and loan associations, savings banks, or credit unions. § 24-9.

Licensure requirements and implications of licensure: Statute is silent. Note that §§ 53-166(a) and 53-168(a) require a creditor to have a license if it makes loans that exceed the interest rates provided by this chapter.

Size and length of loans to which the statute applies, and any restrictions in the statute on these features: Statute is silent.

Consumer Arbitration Agreements: R-13. AAA and Delegation of Duties

When the consumer and the business agree to arbitrate under these Rules or other AAA rules, or when they provide for arbitration by the AAA and an arbitration is filed under these Rules, the parties also agree that the AAA will administer the arbitration. The AAA’s administrative duties are set forth in the parties’ arbitration agreement and in these Rules. The AAA will have the final decision on which office and which AAA staff members will administer the case.

Consumer Arbitration Agreements: R-14. Jurisdiction

(a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.

Consumer Arbitration Agreements: R-16. Appointment from National Roster

(a) If the parties have not appointed an arbitrator and have not agreed to a process for appointing the arbitrator, immediately after the filing of the submission agreement or the answer, or after the deadline for filing the answer, the AAA will administratively appoint an arbitrator from the National Roster.

Consumer Arbitration Agreements: R-18. Disclosure

(a) Any person appointed or to be appointed as an arbitrator, as well as the parties and their representatives, must provide information to the AAA of any circumstances likely to raise justifiable doubt as to whether the arbitrator can remain impartial or independent. This disclosure of information would include

(1) any bias;

(2) any financial interest in the result of the arbitration;

Consumer Arbitration Agreements: R-19. Disqualification of Arbitrator

(a) Any arbitrator shall be impartial and independent and shall perform his or her duties carefully and in good faith. The AAA may disqualify an arbitrator who shows

(1) partiality or lack of independence;

(2) inability or refusal to perform his or her duties with diligence and in good faith; or

(3) any grounds for disqualification provided by applicable law.

Consumer Arbitration Agreements: R-20. Vacancies

If for any reason an arbitrator cannot or is unwilling to perform the duties of the office, the AAA may declare the office vacant. Any vacancies shall be filled based on the original procedures used to appoint the arbitrator. If a substitute arbitrator is appointed, the substitute arbitrator will decide if it is necessary to repeat all or part of any prior ruling or hearing.

Consumer Arbitration Agreements: R-21. Preliminary Management Hearing with the Arbitrator

(a) If any party asks for, or if the AAA or the arbitrator decides to hold one, the arbitrator will schedule a preliminary management hearing with the parties and/or their representatives as soon as possible. The preliminary management hearing will be conducted by telephone unless the arbitrator decides an in-person preliminary management hearing is necessary.

Consumer Arbitration Agreements: R-22. Exchange of Information between the Parties

(a) If any party asks or if the arbitrator decides on his or her own, keeping in mind that arbitration must remain a fast and economical process, the arbitrator may direct

1) specific documents and other information to be shared between the consumer and business, and

2) that the consumer and business identify the witnesses, if any, they plan to have testify at the hearing.

Consumer Arbitration Agreements: R-34. Evidence

(a) The parties may offer relevant and material evidence and must produce any evidence the arbitrator decides is necessary to understand and decide the dispute. Following the legal rules of evidence shall not be necessary. All evidence should be taken in the presence of the arbitrator and all of the parties, unless any of the parties is absent, in default, or has waived the right to be present.

Consumer Arbitration Agreements: R-36. Inspection or Investigation

An arbitrator finding it necessary to inspect property or conduct an investigation in connection with the arbitration will request that the AAA inform the parties. The arbitrator will set the date and time of the inspection and investigation, and the AAA will notify the parties. Any party who would like to be present at the inspection or investigation may attend. If one or all parties are not present at the inspection or investigation, the arbitrator will make an oral or written report to the parties and allow them an opportunity to comment.