(a) Regardless of the number of instances where a consumer‘s payment is rejected due to insufficient funds, an installment lender may contract for and collect one insufficient funds charge for each payment due on an installment loan, not to exceed $25. The lender shall not collect any other fees as a result of the insufficient funds of the consumer.

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Terms Used In Hawaii Revised Statutes 480J-11

  • Consumer: means a natural person who is the buyer, lessee, or debtor to whom credit is granted in a transaction that is primarily for that natural person's personal, family, or household purposes. See Hawaii Revised Statutes 480J-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Financial institution: means any bank, savings bank, savings and loan association, financial services loan company, or credit union doing business in the State whose accounts are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or other similar or successor program of federal insurance. See Hawaii Revised Statutes 480J-1
  • Installment loan: means a loan made pursuant to this chapter. See Hawaii Revised Statutes 480J-1
  • Instrument: means a method of payment that may include a debit card payment, Automated Clearing House transfer, electronic check or other forms of electronic transfers, money order, cash, personal check signed by the consumer, or any other method of loan payment authorized by this part or by rule adopted by the commissioner pursuant to chapter 91 and made payable to a person subject to this chapter. See Hawaii Revised Statutes 480J-1
  • lender: means any person who is in the business of offering or making a consumer loan, who arranges a consumer loan for a third party, or who acts as an agent for a third party, regardless of whether the third party is exempt from licensure under this chapter or whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party, through any method including mail, telephone, the Internet, or any electronic means. See Hawaii Revised Statutes 480J-1
(b) If the loan proceeds instrument delivered by the installment lender to the consumer is dishonored by the financial institution, the installment lender shall cover any fees and charges incurred by the consumer as a direct result of the dishonored loan proceeds instrument.