Title 44, Chapter 12, Section 138
( 44-12-138)
(a)(1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word "pawn" or the words "pawn transaction." A pawnbroker shall not use the term "loan" in any advertisements or in connection with any advertising of the business of the pawnbroker; provided, however, that the provisions of this sentence shall not apply to a pawnbroker in business on March 1, 1992, which uses the term "loan" in connection with the name of the business or with advertising of the business. (2) On any sign advertising a pawnbroker's business, the words on
such sign shall be in at least 24 inch high letters. On any other
sign on the property where the pawnbroker's business is located
which advertises any other activities or business engaged in by
the person who is a pawnbroker, the words on such sign shall be in
12 inch high letters or smaller; provided, however, that the
provisions of this paragraph shall not apply to signs of
pawnbrokers which signs are in existence on March 1, 1992. (b) Every pawnbroker in every pawn transaction shall present the
pledgor or seller with a written disclosure ticket or statement in
at least nine-point type, appropriately completed, with no other
written or pictorial matter except as provided in subsection (c) of
this Code section, containing the following information: (1) Information identifying the pawnbroker by name and address; (2) A statement as follows: "This is a pawn transaction. Failure to make your payments as
described in this document can result in the loss of the pawned
item. The pawnbroker can sell or keep the item if you have not
made all payments by the specified maturity date."; (3) If the pawned item is a motor vehicle or motor vehicle
certificate of title, a statement as follows: "Failure to make your payment as described in this document can
result in the loss of your motor vehicle. The pawnbroker can
also charge you certain fees if he or she actually repossesses
the motor vehicle."; (4) A statement that the length of the pawn transaction is 30 days
and that it can only be renewed with the agreement of both parties
and only for 30 day incremental periods; (5) The annual percentage rate, computed in accordance with the
federal Truth in Lending Act and regulations under the federal
Truth in Lending Act, for the first 30 days of the transaction,
computed as if all interest and pawnshop charges were considered
to be interest; (6) The annual percentage rate, computed in accordance with the
federal Truth in Lending Act and regulations under the federal
Truth in Lending Act, for each 30 day period in which the pawn
transaction might be continued or extended, computed as if all
interest and pawnshop charges were considered to be interest. For
purposes of identifying the annual percentage rate after the
second continuation or extension, a single statement which
identifies an annual percentage rate for each possible 30 day
period thereafter shall meet the requirements of this Code
section; (7) A statement in dollar amounts of how much it will cost the
seller or pledgor to redeem the merchandise in the first 30 day
period of the transaction; (8) A statement in dollar amounts of how much it will cost the
seller or pledgor to redeem the merchandise in any 30 day period
after the first 30 day period of the pawn transaction, provided
that all fees and charges have been kept current; (9) A statement of the specific maturity date of the pawn
transaction; (10) A statement of how long, the grace period, the pledged goods
may be redeemed after the specific maturity date and the dollar
amount which will be required to redeem the pledged goods after
the specific maturity date; (11) A statement that after the grace period the pledged goods
become the property of the pawnbroker; (12) If the pawn transaction involves a motor vehicle or motor
vehicle certificate of title, a statement that the pawnbroker may
not charge a storage fee for the motor vehicle unless the
pawnbroker repossesses the motor vehicle pursuant to a default; (13) If the pawn transaction involves a motor vehicle or motor
vehicle certificate of title, a statement that the pawnbroker may
charge a storage fee for a repossessed motor vehicle not to exceed
$5.00 per day, but only if the pawnbroker actually repossesses and
actually must store the motor vehicle; (14) If the pawn transaction involves a motor vehicle or motor
vehicle certificate of title, a statement that the pawnbroker may
charge a repossession fee, not to exceed $50.00, but only if the
pawnbroker actually repossesses the motor vehicle; (15) If the pawn transaction involves a motor vehicle or motor
vehicle certificate of title, a statement that the pawnbroker may
charge a fee to register a lien upon the motor vehicle certificate
of title, not to exceed any fee actually charged by the
appropriate state to register a lien upon a motor vehicle
certificate of title, but only if the pawnbroker actually places
such a lien upon the motor vehicle certificate of title; (16) A statement that any costs to ship the pledged items to the
pledgor or seller can be charged to the pledgor or seller, along
with a handling fee to equal no more than 50 percent of the actual
costs to ship the pledged items; and (17) A statement that a fee of up to $2.00 can be charged for each
lost or destroyed pawn ticket. (c) In addition to the information required by subsection (b) of
this Code section, the pawnbroker may, but is not required to,
include the following information on the same disclosure ticket or
statement, provided that such information is not used to obscure or
obfuscate the information required by subsection (b) of this Code
section: (1) Information identifying the pledgor or seller; (2) Any logo which the pawnbroker may desire to use; (3) Any numbers or characters necessary for the pawnbroker to
identify the merchandise or goods associated with the pawn
transaction; (4) Any other information required to be disclosed to consumers by
any other law, rule, or regulation of the United States or of the
State of Georgia; (5) Information identifying or describing the pledged item; (6) Information which is only for the internal business use of the
pawnbroker; (7) The hours of operation of the pawnbroker; (8) The time of day of the pawn transaction; and (9) Any agreement between the pledgor or seller and the pawnbroker
which does not controvert the provisions of this part, of Part 5
of Article 8 of Chapter 14 of this title, or of Part 2 of Article
15 of Chapter 1 of Title 10. (d) The pawnbroker shall have the pledgor or seller sign the
disclosure statement and shall furnish a completed copy to the
pledgor or seller. The pawnbroker shall maintain a completed and
signed copy of the disclosure statement on file for two years
subsequent to the maturity date of the pawn transaction. Failure to
maintain such a copy shall be conclusive proof that the pawnbroker
did not furnish such a statement to the pledgor or seller. (e) Notwithstanding anything to the contrary contained elsewhere in
this Code section, no municipality or local government may impose
any requirements upon a pawnbroker regarding the disclosures which
must be made to a pledgor or seller or which must be made in the
pawn ticket, other than those requirements contained in this Code
section. |