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Guest · Posted: Thu Jul 03, 2008 10:50 pm Subject: Alarming Payday Loan news!

Text from a case about pay day loans:

They are legally not governed by where you live but by where the bank is located! This changes everything...

"Under the legal doctrine of interest-rate exportation, established by Marquette Nat. Bank v. First of Omaha Corp. 439 U.S. 299 (1978), the loan is governed by the laws of the state where the bank is chartered. This is the same doctrine that allows credit card issuers based in South Dakota and Delaware â€” states that abolished their usury laws â€” to offer credit cards nationwide."

Any advice or comments?

Posted: Thu Jul 03, 2008 11:29 pm Subject:

What I found on the case looks as if it is about credit cards not payday loans.. ???? Maybe I read it wrong.

http://supreme.justia.com/us/439/299/

Jen

Posted: Fri Jul 04, 2008 4:40 am Subject:

That information is incorrect. PDLs are not governed by banks. Those are installment loans.

Jen, you are right that information is about credit cards.

Posted: Fri Jul 04, 2008 6:44 am Subject: reply

i read it,wonder who the troll works for?

Posted: Fri Jul 04, 2008 10:20 am Subject:

technically this could apply to a bank in the direct pdl business, but that i s very unlikely since the federal reserve has issued regulations against that

Posted: Mon Jul 07, 2008 6:57 am Subject:

JJ is correct - This would only apply to pdl's backed by a bank. This is why installment loans with super high interest are legal.

PDL's are not backed by a bank anymore . . . . . So this wouldn't apply.