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(12m) Title loans. (a) A licensee may not require a customer to provide the
7licensee with a key or copy of a key to a motor vehicle used as security for a title loan
8as a condition for making the title loan to the customer.
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(b) A licensee may not make a title loan to a customer that has a term of more
10than one year.
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(c) A licensee or person acting on behalf of a licensee may not take possession
12of a motor vehicle used as security for a title loan to a customer without serving notice
13on the customer in the manner provided under s. 801.11 (1) (a) or (b) at least 15 days
14prior to taking possession. The notice shall state the intent to take possession and
15describe the basis for the right to take possession. This paragraph does not apply to
16possession that is obtained by a customer's voluntary surrender of a motor vehicle.
17A violation of this paragraph is subject to s. 425.305.
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(d) A licensee or other person may charge a customer a reasonable storage fee
19for a motor vehicle of the customer of which the licensee or person acting on behalf
20of the licensee has obtained possession, including possession that is obtained by
21voluntary surrender.
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(e) No interest on a title loan may accrue as of the date that a licensee obtains
23possession of a motor vehicle used as security for the title loan, including possession
24that is obtained by voluntary surrender. No interest on a title loan may accrue after
160 days following a customer's failure to make any payment required for the loan,
2unless the customer has concealed the location of the motor vehicle used as security
3for the loan.
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(f) A licensee shall return to a customer the amount of any proceeds from the
5disposition of a motor vehicle used as security for a title loan to the customer that
6exceed the customer's liability to the licensee for the loan.
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(g) A customer is not liable to a licensee for any deficiency resulting from the
8licensee's disposition of a motor vehicle used as security for a title loan, unless the
9customer has engaged in misconduct.".
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(16) Private cause of action. If a person makes a payday or title loan to a
7customer that violates this section, the customer may bring an action against the
8person for an amount equal to twice the interest charged for the loan, or the actual
9damages, including any incidental and consequential damages, sustained by the
10customer by reason of the violation, whichever is greater, and, notwithstanding s.
11814.04 (1), the costs of the action, including reasonable attorney fees.".
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1464. Page 32, line 6: after "act," insert "and title loans, as defined in section
15138.14 (1) (m) of the statutes, as created by this act,".