Question about criminal action

Cann, hopefully someone will chime in that knows because this has been bothering me as well.

I do think that the only way criminal charges can be brought is if #1, it is a storefront (therefore legal and licensed), and #2, if you actually wrote them a physical check.

I agree with Jen. It seems that the only criminal action that can be taken is to get someone for a bounced check. I don't know how on earth an ipdl can prosecute. They're all illegal anyway.

That's what I was thinking. That it had to involve an actual check. However, even if that's the case, what if someone comes on here inquiring about store fronts? What kind of criminal action can be taken? It says "unspecified"? So what would we tell them? Ummm.... maybe you can be prosecuted? Ummmmm......I don't know. Ummm...... I just hate not knowing! Because some state criminal action can/will be taken if the bank account was closed. Well, "unspecified" doesn't even say that! So what does "unspecified" mean???

I am sure they can procecute for fraud under a bad check law in some states...I think if it says unspecified it could go either way...I would call the AG office of that state and inquire...but I also doubt it has anything to do with ipdls...most of these laws were written with store fronts and check cashers in mind...just my opinion and thoughts...

I agree Morningstar. IPDLs are in a class of their own!

morning, I think we agree so far that it probably doesn't apply for illegal internet pdl's. However, how about internet pdl's that are licensed in the members state? How about if they are asking for help regarding store fronts? I'm not going to say "Well, maybe you can be charged with fraud." Do we just instruct them to call their DFI and find out what exactly "unspecified" means? I need someone who knows. LOL! :lol:

I would think it would depend on each state's laws . . . . In some states it may be possible to be charged under a bad check law. I think if there is any question the state's DFI should be contacted. They would know the answer. I know in my state, Oregon, it says unspecified, but charges can't be brought against someone unless fraud is involved.

Oh, good, goudah is in an "unspecified" state! Okay, if you're talking about no criminal action unless it's fraud, does that mean closing out your bank account while having checks out? Would that be fraud? I get soooo very paranoid regarding criminal action especially where there are actual checks involved. I would hate to see anyone getting into trouble because they don't understand the law or what "unspecified" means. If they close their account while checks are at store fronts, does that mean criminal action can be taken? Or, goudah, do you suggest we tell people to call/email their DFI and ask exactly what that means?

In Oregon, no, closing your bank account is not fraud. I had storefronts and closed my account and had no problems.

But I would think it could vary from state to state. Since it's something so important, I would want to contact each state's DFI to confirm before I gave anyone advice about it . . . . .

Thank you, goudah! :D Expert advice, yet again!