TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS
Chapter 399-F
CASH DISPENSING MACHINES
Section 399-F:1
399-F:1 Definitions. –
In this chapter:
I. "Bank" means a bank as defined in RSA 383-A:2-201(a)(3).
I-a. "Credit union" means a credit union as defined in RSA 383-A:2-201(a)(15).
II. "Cash dispensing machine":
(a) Means an electronic device that, operating in conjunction with a processor and network, allows a consumer to debit an account in exchange for dispensing cash.
(b) Does not mean a point-of-sale device that is used in the purchase of goods or services to capture data electronically in order to debit or credit a customer's asset account.
III. "Commissioner" means the New Hampshire bank commissioner appointed under the provisions of RSA 383:1.
IV. "Establish" means to own, lease, or otherwise legally control.
V. "Network" means a person who engages primarily in the establishment and maintenance of a computer-operated system of transmitting items and messages between banks, processors, and cash dispensing machines or similar electronic devices.
VI. "Operator" means the person who owns, leases, or otherwise legally controls a cash dispensing machine.
VII. "Person" means any natural person, partnership, corporation, or other business association recognized under New Hampshire law.
VIII. "Processor" means a person who electronically acquires financial data emanating from a cash dispensing machine and relays such data to a network.
IX. "Servicing agent" means a person who contracts with an operator to provide consumer relations, financial recordkeeping, or similar services in regard to a cash dispensing machine.
Source. 1998, 358:1. 2015, 272:25, 31. 2016, 230:7, 8, eff. Aug. 8, 2016. 2019, 36:36, eff. May 15, 2019.
Section 399-F:2
399-F:2 Establishment of Cash Dispensing Machines. –
I. No person shall establish a cash dispensing machine unless it:
(a) Does not accept deposits, loan payments, or effectuate account transfers;
(b) Is not operated in such a way as to violate the Electronic Funds Transfer Act, 15 U.S.C. 1693 et seq. or regulations promulgated thereunder; and
(c) Is in complete and accurate compliance with the provisions of RSA 399-F:3.
II. Paragraph I shall not apply to and this chapter shall not govern any cash dispensing machine or similar electronic device established by a bank or credit union.
Source. 1998, 358:1. 2015, 272:26. 2016, 230:9, eff. Aug. 8, 2016.
Section 399-F:3
399-F:3 Notice. –
I. At least 15 business days prior to the activation date of any cash dispensing machine, its operator shall provide to the commissioner an initial:
(a) Written notice completely and accurately setting forth the following information in regard to the cash dispensing machine:
(1) The operator's name, address, and telephone number;
(2) The location name and address;
(3) The activation date;
(4) The types of transactions available;
(5) The processor's name, address, and telephone number;
(6) The servicing agent's name, address, and telephone number; and
(7) The dated signature, name, title, address, and telephone number of the person completing the notice; and
(b) Fee of $50 payable to the state of New Hampshire.
II. Commencing in the calendar year following an operator's compliance with paragraph I, the operator shall provide annually before July 1 to the commissioner a notice and fee in accordance with the provisions of subparagraph I(a) and a renewal fee of $5 payable to the state of New Hampshire.
III. The operator, without being assessed a fee, shall promptly notify the commissioner in writing:
(a) Of any changes to the information required under subparagraph I(a) as provided in the most current notice; or
(b) If the operation of the cash dispensing machine is terminated.
IV. The commissioner is authorized at any time to verify the completeness and accuracy of any notice required under this section, and in connection therewith:
(a) If the operator fails to promptly provide adequate documentation to and upon the request of the commissioner:
(1) The commissioner shall inform the operator of such failure and the provisions of paragraph V; and
(2) The operator's cash dispensing machine shall not be deemed in compliance for purposes of RSA 399-F:2, I(c) until the provisions of paragraph V are fulfilled.
(b) If the commissioner determines that any information provided in the most current notice is incomplete or inaccurate:
(1) The commissioner shall inform the operator of such discrepancy and the provisions of paragraph V; and
(2) The operator's cash dispensing machine shall not be deemed in compliance for purposes of RSA 399-F:2, I(c) until the provisions of paragraph V are fulfilled.
V. The operator of a cash dispensing machine who fails to completely and accurately abide by this section shall not legally establish or operate such cash dispensing machine until paragraph I is fully complied with, except that a fee of $100 shall be paid.
VI. In lieu of the operator, the cash dispensing machine's servicing agent may submit to the commissioner any information, documentation, or fees required pursuant to this section.
VII. If any filing deadline date falls on a weekend or on a New Hampshire state or federal legal holiday, the due date shall be automatically extended to the next business day following such weekend or holiday.
Source. 1998, 358:1. 2016, 74:1-3, eff. July 18, 2016. 2019, 36:37, eff. May 15, 2019.
Section 399-F:4
399-F:4 Required Consumer Disclosures. –
I. An operator shall clearly and conspicuously disclose on a sign posted on the cash dispensing machine or in clear view of a consumer viewing the cash dispensing machine:
(a) The name of the operator;
(b) A disclaimer indicating that the operator is not a bank nor a credit union; and
(c) The name, address, and 24-hour toll-free telephone number where a consumer may direct inquiries or complaints.
II. An operator shall not charge a fee for use of a cash dispensing machine unless the amount of the fee is clearly and conspicuously disclosed:
(a) On a sign posted on the cash dispensing machine or in clear view of a consumer viewing the cash dispensing machine; and
(b) Electronically during the course of the transaction in a manner that permits the consumer to cancel the transaction without incurring the fee.
III. Failure to comply in good faith with the provisions of this section shall constitute an unfair or deceptive act or practice under RSA 358-A:2.
Source. 1998, 358:1, eff. Aug. 25, 1998.
Section 399-F:5
399-F:5 Fee Collection. –
I. Sums collected under this chapter shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner.
II. [Repealed.]
Source. 1998, 358:1. 2016, 74:4, eff. July 18, 2016.