Washington State Department of Financial Institutions

Check Cashers & Sellers Interpretive Letters & Statements

The opinions expressed in the letters and statements below are informal and non-binding. These opinions reflect the position of the Division of Consumer Services at the time they were produced.

The Division of Consumer Services could learn of additional facts, which would cause us to change our position.


Check Cashers and Sellers Interpretive Statements

Statement Date Statute Topic
CCSA-IS-2009-01 (PDF)* 12/30/09 RCW 31.45.084 Installment Plans

Check Cashers and Sellers Interpretive Letters

Interpretive letters issued 1995-2000. Sorted by date issued.

Letter 00-01 (Not Available Online)
Date 03/31/00
Statute 31.45.073 208-630-085
Subject Writing more that one posted-dated check per Small Loan
Summary RCW 31.45.073(3) a licensee may advance moneys on the security of a post-dated check or draft provided the time period between the date the loan is granted and the date of the post-dated check does not exceed thirty-one days. A licensee shall deposit all post-dated checks or drafts as soon as practicable after the date of the check or draft has passed. WAC 208-630-085 (1) (b) restricts a licensee with a small loan endorsement to a fee equal to or less than twenty-five dollars for a check returned unpaid and only one charge may be made per check.
Letter 99-01 (Not Available Online)
Date 05/28/99
Statute 208-630-085
Subject Allowable collection charges when collection is done by a third party
Summary WAC 208-630-085 (1) (b) restricts a licensee with a small loan endorsement to a fee equal to or less than twenty-five dollars for a check returned unpaid and only one charge may be made per check. If the check is assigned to a collection agency, the collection agency may charge fees allowed by RCW 19-16 and/or RCW 62A.3-515. Costs incurred by the licensee to effect collection through a court may be passed on to the maker of the check.
Letter 98-02CS (Not Available Online)
Date 11/16/98
Statute 31.45.030
Subject Licensing requirements for Check Cashing Machines owned or sold by Mr. Payroll
Summary RCW 31.45.020 requires a license except as provided in RCW 31.45.020(b). The owner of a CCM would meet the definition of RCW 31.45(1) and be required to be licensed.
Letter 98-01CS
Date 10/12/98
Statute 31.45.073
Subject Renewal, Extension, Repayment, & Collection of Loans
Summary RCW 31.04.073 requires every check held for repayment of a loan be deposited. Supporting rules do not allow additional charge for an extension of a loan nor may repayment be from the proceeds of another loan. Collection of loans may not be done using provisions of the Uniform Commercial Code
Letter 97-03CS (Not Available Online)
Date 12/10/97
Statute 31.45.020
Subject Exemption from Act based on 31.45.020(1)(c).
Summary Exemption not allowed based on consolidated financial statements of parent and subsidiary. Subsidiary must meet the $3,000,000 requirement alone.
Letter 97-02CS (Not Available Online)
Date 05/07/97
Statute 31.45.073
Subject Taking auto title for collateral.
Summary Small loans limited to the security of a post dated check. Additional collateral may not be taken.
Letter 97-01CS (Not Available Online)
Date 04/22/97
Statute 31.45.020
Subject Client holding postdated checks for commercial purposes
Summary Coastline is engaged in a factoring business purchasing commercial accounts receivable. Postdated checks are held as an incentive for payment. Licensure is not required under 31.45.
Letter 95-01CS (Not Available Online)
Date 09/29/95
Statute 31.45.020
Subject Regulation of money transmission by wire
Summary Chapter 31.45 RCW only requires licensure if engaged in the business of cashing or sale of checks as described in RCW 31.45.020.

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