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California Payday Loan Laws

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PostPosted: Sun Oct 05, 2008 4:42 am Subject: California Payday Loan Laws

Does anyone know if California payday loan laws supercede fees on payday loans originating from outside California?
rebsoto



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PostPosted: Sun Oct 05, 2008 7:49 am Subject:

California requires Internet based pdl's to be licensed by your state. If they're licensed elsewhere they aren't considered a legal lender in your state. If you will list your lenders, whether they are Internet or Store front, amount borrowed and paid, we can help you plan a course of action and better answer your questions. Smile

Quote:
California State Information

Legal Status: Legal

Citation:
Cal. Fin. Code ยงยง 23000 to 23106

Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot charge fee for extension)
Cooling-off Period: None
Repayment Plan: Voluntary (no fees may be charged in conjunction with payment plan)

Collection Limits:
Collection Fees: $15 NSF fee
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: California Department of Corporations
Address: Financial Services Division, 1515 K Street, Suite 200 Sacramento CA 95814
Phone: (866) 275-2677

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PostPosted: Sun Oct 05, 2008 8:22 am Subject:

A growing number of interfront pdl's are also being banned in California. To find out if yours are on the list, go to the California Dept of Corporations website (there is a link at the California.gov site) and look for this section on banned lenders.
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PostPosted: Sun Oct 05, 2008 10:18 am Subject: Thanks

Thanks for your replies. I will follow up later today.
rebsoto



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PostPosted: Sun Oct 05, 2008 12:52 pm Subject: My List - They are all Internet

PDL DATE AMT. PAID

B.I.G. 05/20/08 275 500
Cash Direct Express/GECC 06/10/08 400 676
Acc/Cashspot 06/11/08 300 502.5
Impact Cash 07/11/08 300 360
Instant Cash USA 07/24/08 300 270
Loanpoint/Centurion 07/01/08 400 480
NetCashUSA 06/25/08 500 450
PaycheckToday 06/27/08 300 500
Payday-Loan-Yes 07/03/08 350 420
Total Lending 08/12/08 300 90
United Cash Loans 05/15/08 450 1190
USFast Cash 06/19/08 150 195
USFast Cash 07/16/08 300 270

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PostPosted: Sun Oct 05, 2008 12:54 pm Subject: Previous Post

The columns are: PDL Name, Date Loan Taken, Amount of Loan, and Amount Paid as of Today. The formatting got lost with the cut and paste.
Regarding USFast Cash - the initial loan with them was paid, then another loan taken.

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PostPosted: Mon Oct 06, 2008 4:45 am Subject: Another Question

I see that United Cash Loans and USFast Cash are the same company. Since I've paid too much to United Cash Loans, but still owe USFast Cash approximately $30, can I tell or suggest to USFast Cash that they take the balance due from the overpayment to United Cash?
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PostPosted: Tue Oct 07, 2008 6:39 pm Subject: i'm lost

if payday lenders leant me more then the maximum under california law, what can I do?
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PostPosted: Tue Oct 07, 2008 7:02 pm Subject:

The legal maximum in California for a PDL is $300. This is why if you get a storefront here, usually the most you can get is $255, with a $45 fee going to the PDL.
If you are loaned more than the maximum, this is an illegal loan in CA. We do recommend that you payback what you borrowed and no other fees.

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PostPosted: Fri Oct 10, 2008 6:35 pm Subject: is this legal?

I defaulted on a loan at a storefront here in CA . I have had good history with them, but circumstances arise that caused for my payment to return. I contacted them immediately and made an arrangement that I will pay on 10/23. The lady there was so nice when I first started business with them and been like that for a few months, then this happened. She said to me over the phone, in a very calm, yet sarcastic tone: "Yes, that is okay..you have to pay $360 though..300 for the loan, 15 for the returned fee and 45 to hold it that far" . I dont mind the 45 addtl , but I asked her if that is even legal to charge that. I have other PDL storefront and they would only charge me 15 returned fee regardless of when I pay.. She said that it is legal and then she followed that with ( in a calm , yet sarcastic again) " either that or we can just do a short claim..send the paper works to your company and then garnish your wage..I answered her back with " you know I wont let that happen" then she goes, " that's why.. Im basically doing you a favor" .. so the ending was I promised I would go there on the 23rd. Just the way she talked to me in that manner pissed me off! i know it is my fault, but customers deserve respect too. is that even legal to charge me that fee??? thanks for your help.
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PostPosted: Fri Oct 10, 2008 7:06 pm Subject:

The legal maximum in CA is $300--but most lenders get around this by only allowing you to pocket $255 and then hitting you with a $45 fee, hence $300. How much did cash did you actually walk out of the storefront with when you loaned? If only $255, then all you owe is $255, plus a $45 fee. Some lenders do charge a returned check fee, so you probably would have to pay that. If they loaned you $300 and then charged you a $45 fee, they've exceeded the legal limit by $45.
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PostPosted: Fri Oct 24, 2008 10:50 am Subject: maximum interest rates for PDL?

I read this thread, and does CA have any kind of maximum allowable interest rate? I took out a $225 loan from an internet lender who isn't licensed in CA, and they were charging me $50 for every $25 borrowed!
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PostPosted: Fri Oct 24, 2008 11:35 am Subject: never again with Advance PAyday in Irvine,CA

hello again-

yes, they only gave me $255 and I had to pay back 300 plus the 15 charge for returned fee. To top it all, I was originally going to have to pay another 45 for holding it to a certain date , heck i complained and told them that I am aware of the CA policy ( thanks to this site haha) so the lady there was like : Oh okay, then you can come with 315 only. im like what the.. so if i didnt know about that, they would rip people off? .what pissed me off was that the lady on the phone said that I am able to re loan when i pay it off, but guess what, she changed her mind after i paid it off!! which obviously put my other bills on hold.. they are bitches! they even look like that.. they act all nice and sweet but good heavens!!! theyre bitches!! sorry for the term.. but i couldnt find other adjective to describe them!! anyway, i realized later on that that works out in my favor because i would not want to see their faces ever again! thanks for all your help here..

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