I _______, hereby prohibit you or your affiliates from contacting me via telephone at my place of employment or my home telephone number, effective immediately. I also prohibit you from calling my references listed on my loan. Once I inform you of this, you must stop the telephone contact immediately.
You may contact me only by email ________________ or mail _______________________.
You are also hereby notified that I am revoking any voluntary wage assignment I may or may not have signed. I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes.
I am revoking your right to debit my checking account any longer. You, your company, or your affiliates are not authorized to debit my checking account at all. Please be aware that I have informed my financial institution of this situation and they will also be receiving a copy of this correspondence. Any further attempts at debiting my account will be rejected by my financial institution.
Your interest fees, multiple rollovers and unlicensed status are all illegal in the state of Montana. I do not believe your company to be licensed in Montana, and even if you are:
(1) you are not listed as a licensed Deferred Deposit Lender ("Payday Lender") or a consumer loan company in 2008 by
Division of Banking and Financial Institutions
301 South Park, Suite 316, PO Box 200546, Helena, MT 59620
Phone: (406) 841-2920 Fax: (406) 841-2930
(2) as I state in this letter you do not follow laws legal Montana guidelines in Montana Code Ann. § 31-1-701 et seq. and "31-1-723.
Montana Code Ann. § 31-1-701 et seq.
"
Loan terms: Term cannot exceed 31 days and amount, exclusive of allowable fees cannot exceed $300. Minimum loan amount is $50.
Permit
ted charges: Not more than 25% of the face amount. Insufficient fund fee cannot exceed $15 and only one can be collected and is the exclusive form of late fee allowable."
"31-1-723.
Prohibited acts: A licensee making deferred deposit loans may not commit, or have committed on behalf of the licensee, any of the following prohibited acts:
(1) engaging in the business of deferred deposit lending unless the department has first issued a valid license;
(6) using any device or agreement that would have the effect of charging or collecting more fees, charges, or interest than those allowed by this part, including but not limited to entering into a different type of transaction or renewing or rolling over a loan with the consumer
I have contacted legal counsel regarding
your internet payday loan and was informed it is indeed illegal in Montana and was advised to pay what is due according to principle amount only of the loan.
The legal amount that could have been charged to my loan is the principal amount of $400.00. The rollover fees and intrest you have taken are to be applied to the initial amount borrowed. I only owed $400.00 and have paid this in full. Since your company has exceeded the maximum loan amount and has exceeded the maximum finance rate and fees, I am requesting a refund for the overpayment which I am owed. To date I have over paid $80.00 on this loan.
Mont. Code Ann. § 31-1-701 et seq.
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Private right of action: Any violation this act constitutes an unfair or deceptive trade practice. Consumer can sue for actual and consequential damages, and statutory damages of $1000 per violation plus costs and attorney’s fees.
Consumer can also seek injunctive or other equitable relief and bring the case as a class action. Remedies are not intended to be exclusive.
Criminal/civil penalties: Any person who knowingly violates the act is guilty of a misdemeanor and is subject to a fine of not more than $1,000 or imprisonment not exceeding 6 months or both."
Finally, please be advised that I am not above taking legal action against your company. Your interest fees, multiple rollovers, and loan amounts exceed the maximum allowed in the state of Montana. I will contact you again once my attorney is retained.