Pittsburgh Post-Gazette
July 11, 2009
Toland, Bill
In a decision that could have industrywide ramifications, Pennsylvania's Commonwealth Court has ruled that outside payday firms doing business over the Web are subject to the state's lending laws even if the companies are not physically located there. Because other jurisdictions besides Pennsylvania are looking to rein in predatory lending, Rob Byer -- a lawyer representing the state -- predicted the decision will "get a lot of national play." The case involved Cash America Net, a major payday loan entity, which is licensed in Nevada and incorporated in Delaware but argued that it did not need a license to operate in Pennsylvania -- which until 2008 had allowed out-of-state Internet loans as long as the provider was governed by the laws of another state. That year, the state Department of Banking revised its rule to require licensing by Feb. 1, 2009, of all non-depository entities, even those out of state, that offer loans carrying interest of greater than 6 percent. The Commonwealth Court ruled against Cash America Net, which earned $20 million for online loans in Pennsylvania in 2007 and 2008 bearing annual interest rates of roughly 1,200 percent. Pennsylvania, by comparison, caps lending rates at a default rate of 6 percent -- although lenders that are licensed may charge about 27 percent. "It is well settled in constitutional law that the regulation of interest rates is subject within the police power of the state particularly when it comes to cases involving small loans, which profoundly affect the social life of the community," Judge Doris A. Smith-Ribner wrote for the majority.
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