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Roman Check Cashing, Inc. v. New Jersey Dept. of Banking and Insurance

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Argued September 25, 2000

On appeal from the Superior Court, Appellate Division, whose opinion is reported at 324 N.J. Super. 58 (1999).

In the New Jersey Check Cashers Regulatory Act of 1993, N.J.S.A. 17:15A- 30 to -52 (the Act), the Legislature revised and expanded the regulatory framework for the business of cashing checks in this State. Assembly Financial Institutions Committee, Statement to Assembly Bill No. 1323, at 1 (May 17, 1993). The Act provides for the licensing of check cashing businesses by the Department of Banking and Insurance (Department) and sets maximum fees for check cashing services offered by licensees, as had its predecessor statute. See N.J.S.A. 17:15A-33, -43; see also The Check Cashing Law of 1951, N.J.S.A. 17:15A-1 to -29 (repealed by L. 1993, c. 383, � 24, effective April 11, 1994). Relevant to this appeal, a new limitation on such businesses appears in N.J.S.A. 17:15A-41(e), which states that an office for check cashing will not be licensed if it is “located within 2,500 feet of an existing office.” Plaintiff, Roman Check Cashing, Inc., a New Jersey corporation located in the town of Dover, challenges this limitation on substantive due process, equal protection and commerce clause grounds under the United States and New Jersey Constitutions.*fn1

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