As used in this division, the following terms have the following meanings: (a) âDeferred deposit transactionâ means a transaction whereby a person defers depositing a customerâs personal check until a specific date, pursuant to a written agreement for a fee or other charge, as provided in Section 23035. (b) âCommissionerâ means the Commissioner of Financial Protection and Innovation. (c) âDepartmentâ means the Department of Financial Protection and Innovation. (d) âLicenseeâ means any person who offers, originates, or makes a deferred deposit transaction, who arranges a deferred deposit transaction for a deferred deposit originator, who acts as an agent for a deferred deposit originator, or who assists a deferred deposit originator in the origination of a deferred deposit transaction. However, âlicenseeâ does not include a state or federally chartered bank, thrift, savings association, industrial loan company, or credit union. âLicenseeâ also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a minimum fee not exceeding two dollars ($2) as a service to its customers that is incidental to its main purpose or business. âLicenseeâ also does not include an employee regularly employed by a licensee at the licenseeâs place of business. An employee, when acting under the scope of the employeeâs employment, shall be exempt from any other law from which the employeeâs employer is exempt. (e) âPersonâ means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government entity, or a political subdivision of a government entity. (f) âDeferred deposit originatorâ means a person who offers, originates, or makes a deferred deposit transaction.
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