TITLE 5

Banking

Other Businesses Under Jurisdiction of State Banking Department

CHAPTER 27. CASHING OF CHECKS, DRAFTS OR MONEY ORDERS

Subchapter III. Regulatory Provisions


The State Bank Commissioner may make such rules and regulations, and such specific rulings, demands and findings as he deems necessary for the proper conduct of the business authorized and licensed under and for the enforcement of this chapter. The rules and regulations and the specific rulings, demands and findings shall be in addition to, and not inconsistent with, this chapter.

Code 1935, § 2408F; 46 Del. Laws, c. 287, § 1; 5 Del. C. 1953, § 2741.;

The licensee shall not charge or collect in fees or charges for cashing a check, draft or money order a sum to exceed 2 percent thereof, or $4, whichever is greater. In every location and upon every mobile unit licensed under this chapter, there shall be conspicuously posted and at all times displayed, a schedule of fees and charges permitted under this chapter.

Code 1935, § 2408G; 46 Del. Laws, c. 287, § 1; 5 Del. C. 1953, § 2742; 67 Del. Laws, c. 88, § 1; 69 Del. Laws, c. 165, § 27.;

Each licensee under this chapter shall keep and use in the business such books, accounts, and records as the State Bank Commissioner requires to carry into effect this chapter and the rules and regulations made by the Commissioner under this chapter. Every licensee shall preserve such books, accounts and records for at least 2 years.

Code 1935, § 2408G; 46 Del. Laws, c. 287, § 1; 5 Del. C. 1953, § 2743.;

Code 1935, § 2408H; 46 Del. Laws, c. 287, § 1; 5 Del. C. 1953, § 2744; 72 Del. Laws, c. 15, § 40; repealed by 80 Del. Laws, c. 225, § 11, eff. May 9, 2016.;

(a) Whoever violates this chapter shall be fined not more than $500 or imprisoned not more than 1 year, or both.

(b) Any person who suffers a loss due to a violation of this chapter by another shall have a private cause of action against such person. If damages are awarded to an aggrieved party as a result of a violation of this chapter, such damages awarded shall be treble the amount of the actual damages proved.

(c) If a court of competent jurisdiction finds that any person has wilfully violated this chapter, the person shall forfeit and pay to the State or the aggrieved party, as the case may be, a civil penalty of not less than $250 nor more than $500 for the first violation, and not less than $500 nor more than $1,000 for each subsequent violation. For purposes of this subsection, a wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this chapter.

Code 1935, § 2408H; 46 Del. Laws, c. 287, § 1; 5 Del. C. 1953, § 2745; 73 Del. Laws, c. 405, § 1.;