(a) Every licensee shall forward all money received for transmission in accordance with the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur.

(b) If a licensee fails to forward money received for transmission in accordance with this section, the licensee shall respond to inquiries by the sender with the reason for the failure unless providing a response would violate a state or federal law, rule, or regulation.

5 Del. C. 1953, §  2312;  58 Del. Laws, c. 421;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 19, §  74;  85 Del. Laws, c. 338, § 2; 

(a) This section does not apply to any of the following:

(1) Money received for transmission subject to the federal Remittance Rule, 12 C.F.R. Part 1005, Subpart B, as amended.

(2) Money received for transmission under a written agreement between the licensee and payee to process payments for goods or services provided by the payee.

(b) A licensee shall refund to the sender all money received for transmission within 10 days after receiving the sender’s written request for a refund, unless any of the following occurs:

(1) The licensee forwards the money within 10 days after the date the licensee receives the money.

(2) The licensee gives instructions committing an equivalent amount of money to the person designated by the sender within 10 days after the date the licensee receives the money.

(3) The agreement between the licensee and the sender instructs the licensee to forward the money more than 10 days after the date the licensee receives the money.

(4) The licensee has a reasonable belief that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur.

(5) The refund request does not provide the licensee with sufficient information to identify any of the following:

a. The name, address, or telephone number of the sender.

b. The name of the recipient or the location where the money was to be sent.

85 Del. Laws, c. 338, § 2; 

(a) This section does not apply to any of the following:

(1) Money received for transmission subject to the federal Remittance Rule, 12 C.F.R. Part 1005, Subpart B, as amended.

(2) Money received for transmission that is not primarily for personal, family or household purposes.

(3) Money received for transmission pursuant to a written agreement between the licensee and payee to process payments for goods or services provided by the payee.

(4) Payroll processing services.

(b) For purposes of this section “receipt” means a paper receipt, electronic record or other written confirmation. For a transaction conducted in person, the receipt may be provided electronically if the sender requests or agrees to receive an electronic receipt. For a transaction conducted electronically or by phone, a receipt may be provided electronically. All electronic receipts must be provided in a retainable form.

(c) Every licensee or its authorized delegate shall provide the sender a receipt for money received for transmission. The receipt must be in English and in every other language principally used by the licensee or authorized delegate to advertise, solicit, or negotiate transactions at that location. The receipt must contain all of the following:

(1) The name of the sender.

(2) The name of the designated recipient.

(3) The date of the transaction.

(4) The unique transaction or identification number.

(5) The name of the licensee, NMLS unique identifier, the licensee’s business address, and the licensee’s customer service telephone number.

(6) The amount of the transaction in United States dollars.

(7) Any fee charged by the licensee to the sender for the transaction.

(8) Any taxes collected by the licensee from the sender for the transaction.

5 Del. C. 1953, §  2313;  58 Del. Laws, c. 421;  71 Del. Laws, c. 19, §  75;  84 Del. Laws, c. 42, § 74;  85 Del. Laws, c. 338, § 2; 

(a) A licensee that provides payroll processing shall do all of the following:

(1) Issue reports to clients detailing client payroll obligations in advance of the payroll funds being deducted from an account.

(2) Make available worker paystubs or an equivalent statement to workers.

(b) Subsection (a) of this section does not apply to a licensee providing payroll processing services where the licensee’s client designates the intended recipients to the licensee and is responsible for providing the disclosures required by paragraph (a)(2) of this section.

85 Del. Laws, c. 338, § 2;