As Cash America admits, the Department’s previous letters did not bind the courts or have the force of law
A clearly and unambiguously excludes from the CDCA's purview an out-of-state lender with no principal, employee, agent, broker or office in Pennsylvania
The Department counters that it issued the Notice under its authority pursuant to Section 202.D of the Department of Banking Code, Act of ended, 71 P.S. § 733-202.D, to “issue statements of policy and interpretive letters necessary and appropriate to administer this act or any other statute within the department's jurisdiction to administer or enforce.” The Notice merely interprets the CDCA and revises the Department's interpretation in prior interpretive letters. An interpretation established through interpretive letter may be changed by a new interpretive letter. The Department announced the change in the Pennsylvania Bulletin to assure the widest possible public notice. In terms of R.M., the plain language states that the Department is announcing a new interpretation that will be applied in the future; the manner is consistent with its authority under the Department of Banking Code to interpret the CDCA; and the Notice preserves discretion by stating that violators may be subject to enforcement. See Chimenti v. Pennsylvania Department of Corrections, 720 A.2d 205 (Pa.Cmwlth.1998) (holding that document interpreting wiretapping act but reserving agency's discretion in applying the policy was a statement of policy), aff'd, 559 Pa. 379, 740 A.2d 1139 (1999).