OFR Warns Unlicensed Check Cashers, Issues Subpoenas in Operation CheckBox
Summary
The Florida Office of Financial Regulation (OFR) conducted Operation CheckBox, a statewide sweep targeting convenience store retailers operating unlicensed self-service check-cashing machines. The OFR issued warning letters, subpoenas, and document requests to over a dozen unlicensed entities and began formal investigations of three related companies for potential violations of Chapter 560, Florida Statutes.
What changed
The OFR's Operation CheckBox targeted convenience stores that were operating, allowing others to operate, or advertising self-service check-cashing machines without proper licensure. Warning letters advised recipients that their check-cashing activities may violate Florida law and demanded they cease and desist from unlicensed activities. An out-of-state entity was also issued a warning for supplying and maintaining these machines while sharing fees from unlawful operations. Three companies have been placed under formal investigation for potentially more serious violations.
Entities must immediately stop any unlicensed check-cashing operations and verify their licensing status with the OFR under Chapter 560, Florida Statutes. Businesses advertising check-cashing services must ensure they hold proper licensure or valid exemptions. Failure to comply with OFR warnings may result in formal enforcement actions. The OFR stated that investigation opening does not constitute an accusation of wrongdoing.
What to do next
- Cease all unlicensed check-cashing operations immediately
- Review licensing requirements under Chapter 560, Florida Statutes
- Respond to any OFR subpoenas, document requests, or warning letters received
Penalties
Individuals or entities found to have violated Chapter 560, Florida Statutes provisions are subject to enforcement actions by the OFR.
Source document (simplified)
OFR Issues Warning to Unlicensed Check Cashers
12/02/2022
Tallahassee, Fla. - The Office of Financial Regulation (OFR) today announced that it issued warning letters, subpoenas and/or document requests to more than a dozen unlicensed check-cashing entities that advertised check-cashing services at their locations, including check cashing through the use of purported “self-service check-cashing machines.” A warning letter was also issued to an unlicensed, out-of-state entity for supplying, maintaining and sharing fees derived from the unlawful operation of these machines. Further, the OFR began formal investigations of three related companies for potentially more serious violations of Florida law.
Today’s actions are part of a statewide sweep, Operation CheckBox, conducted by the OFR, of convenience store retailers who have been operating, allowing others to operate, and/or advertising the operation of so-called “self-service” check-cashing machines on their premises.
Commissioner Russell C. Weigel, III, said, “The Office of Financial Regulation is committed to ensuring the integrity of the financial marketplace so Floridians can utilize financial services businesses with confidence. Thank you to OFR’s investigative and legal team members for their diligent efforts with Operation CheckBox to keep Floridians protected.”
The warning letters advise the recipients that their advertisements and check-cashing activities may violate Florida law, urge them to review their acts and practices for compliance with Chapter 560, Florida Statutes, and demand that they cease and desist from any and all activities that violate Florida law, including engaging in unlicensed check-cashing activities without being properly licensed with the OFR or having a proper exemption from such licensure.
Read an example of the warning letter.
Chapter 560, Florida Statutes, generally provides that a person may not engage in, or in any manner advertise engagement in, the business of cashing checks or other payment instruments without being properly licensed with the OFR. Individuals or entities the OFR finds to have violated these provisions are subject to enforcement actions.
The opening of an investigation is not an accusation of wrongdoing. The OFR’s authority to investigate possible administrative violations requires the agency to make fair and reasonable inquiries to obtain the relevant facts necessary to determine whether the subject of the investigation should be charged or exonerated.
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