47.605 LOAN SOLICITATION; UNREQUESTED CHECKS REGULATED.
Subdivision 1. Definitions.
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
(b) "Facsimile check" means a document that resembles a negotiable check, money order,
draft, or other instrument.
(c) "Live check" means a negotiable check, money order, draft, or other instrument that
may be used by a consumer to activate a loan.
Subd. 2. Unrequested checks.
No financial institution or other lender may offer to make
a loan by mailing to a Minnesota resident a live check payable to the addressee, which the
addressee is requested to endorse and then cash, deposit, or otherwise negotiate as a means of
accepting the loan offered, except as provided in subdivision 3. This section does not apply
if the addressee already has an open-end credit arrangement or business relationship with the
financial institution or other lender or if the addressee has requested in writing that the live
check be mailed to the addressee.
Subd. 3. Effect of live checks.
(a) The addressee is not liable for any loan contracted or
allegedly contracted by means of a live check that violates subdivision 2, unless the live check is
offered in compliance with the requirements in paragraphs (b) to (g).
(b) The live check, regardless of its form, must not be negotiable after a period no longer
than 30 days after the date shown on the live check. Printed material accompanying the live check
must advise the consumer to void and destroy the live check if it is not going to be negotiated,
and must be substantially similar to the following disclosure:
"THIS IS A SOLICITATION FOR A LOAN--READ THE ENCLOSED DISCLOSURES
BEFORE SIGNING AND CASHING THIS CHECK."
(c) Notification of the loan agreement must be on the back of the live check so that the
consumer is advised that by signing the back of the live check the consumer will have activated a
loan transaction. The following disclosure must appear on the back of the live check:
"By endorsing this instrument, you agree to repay this loan according to the terms of the
Loan Agreement, which you acknowledge receiving and which provides you with the contract
terms in connection with this loan transaction."
(d) Opt-out provisions of United States Code, title 15, section 1681b(e), must be noted by
reference in printed materials that accompany the live check.
(e) Live check loan solicitations must be mailed in envelopes with no indication that a
negotiable instrument is contained in the mailing. Envelopes must be marked with instructions
to the postal service stating that the item is not to be forwarded if the intended addressee is
no longer at the location.
(f) The creditor who receives a negotiated live check must execute the following steps
consistent with the structure of the creditor's business:
(1) ensure that the instrument is placed in the consumer's loan folder, record, or other filing
procedure consistent with the creditor's business which will enable recovery of the item, or an
exact facsimile of the original document; and
(2) provide to the customer a coupon book or billing statement or other medium consistent
with the creditor's business practice as confirmation of the activation of the loan.
(g) In the event that a live check is stolen or incorrectly received by someone other than the
intended payee, and the live check is fraudulently cashed or otherwise negotiated, the following
safeguards for the consumer must be triggered:
(1) the creditor, upon receipt of notification that the consumer did not negotiate the live
check, shall provide, and the consumer may complete, a statement confirming that the consumer
did not deposit, cash, or otherwise negotiate the live check;
(2) completion of the confirmation statement must be facilitated by the creditor by providing
the consumer the opportunity to fill it out at a local location of the creditor, by mail, or both, and
by explaining that the consumer is relieved from any liability on the loan. The creditor shall also
provide the consumer with a contact person to provide assistance if required; and
(3) upon submitting a completed confirmation statement to the creditor, the consumer who
was the intended payee shall have no liability for the loan obligation, absent any fraud by that
Subd. 4. Facsimile checks.
No financial institution or other lender shall mail to a Minnesota
resident a solicitation for a cash loan that includes a facsimile check payable to the addressee
(1) the facsimile check contains on the front and back, in at least a 30-point bold font,
"This is not a check";
(2) the opt-out provisions of United States Code, title 15, section 1681b(e), are noted by
reference in printed materials that accompany the facsimile check; and
(3) the solicitation is mailed in an envelope that does not make it appear that a negotiable
instrument is contained in the mailing.
History: 1998 c 335 s 1