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<section article="gcl" article_name="Commercial Law" number="14-3806" title_number="14" title_name="Miscellaneous Consumer Protection Provisions" subtitle_number="38" subtitle_name="Refund Anticipation Loans and Checks">
  <level label="a">
    <text>A facilitator may not:</text>
    <level label="1">
      <text>Require a consumer to enter into a loan agreement in order to complete a tax return;</text>
    </level>
    <level label="2">
      <text>Charge any fee to a consumer or require any other consideration for making or facilitating a refund anticipation loan or refund anticipation check other than the fee imposed by the creditor or other person that provides the refund anticipation loan or refund anticipation check;</text>
    </level>
    <level label="3">
      <text>Engage in a transaction, practice, or course of business that operates a fraud on a consumer in connection with a refund anticipation loan or refund anticipation check, including making oral statements that contradict any of the information required to be disclosed under this subtitle;</text>
    </level>
    <level label="4">
      <text>Arrange, directly or indirectly, for any third party to charge any interest or fee related to a refund anticipation loan or refund anticipation check, other than the refund anticipation loan or refund anticipation check fee imposed by the creditor, including charges for insurance, attorney’s fees, collection costs, or check cashing;</text>
    </level>
    <level label="5">
      <text>Misrepresent a material fact or condition of a refund anticipation loan or refund anticipation check; or</text>
    </level>
    <level label="6">
      <text>Fail to process an application for a refund anticipation loan promptly after the consumer applies for the refund anticipation loan.</text>
    </level>
  </level>
  <level label="b">
    <text>Subsection (a)(2) of this section does not prohibit a charge or fee, including a fee for tax return preparation, that is imposed by a facilitator on all of its customers if the same charge or fee, in the same amount, is imposed on customers who do not receive refund anticipation loans, refund anticipation checks, or other tax–related financial products.</text>
  </level>
</section>
