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CMG Group Response - What do I do now?

Date: Mon, 01/21/2008 - 11:12

Submitted by amanda.noll
on Mon, 01/21/2008 - 11:12

Posts: 22 Credits: [Donate]

Total Replies: 22


I took out a $300 loan from CMG Group on 11/1. Since then they have taken $590 from my account. I sent them this letter (via email and fax):

After doing research on internet payday loan laws in the state of Tennessee, I have found that your internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the state of Tennessee in general:

Citation:
Tenn. Code Ann. §45-17-101 et seq. and Tenn. Comp. R. & Regs. § 0180-28-.01

Loan Terms:
Maximum Loan Amount: $500

What do I do now?

Thanks - Amanda
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: the lesser of 15% of the check or $30
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: 3 (2 per licensee)
Rollovers Permitted: None (cannot renew or otherwise consolidate)
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: One $30 NSF Fee; Court Costs
Criminal Action: Prohibited

The legal amount that can be charged to me is the principal amount of $300 plus $30 in fees as prescribed by Tennessee State Law. You have withdrawn $590 from my bank account which exceeds the legally owed amount by $260. I am no longer willing to make payments for this debt as advised by my Department of Financial Institutions and my state Attorney General’s office.

I demand that you refund the $260 overpayment immediately and mark my account as paid in full.

You are no longer authorized to debit my bank account.

I demand that any contact be made through US Postal mail at the address listed below or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my state Attorney General's Office.

I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. 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 or you will be once again breaking the laws of the state of Tennessee.

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.

I must also inform you that I have filed complaints with the Better Business Bureau, the Federal Trade Commission, and my state Attorney General's Office.

I expect a response from your company no later than 1/25/2008, regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.


CMG Replied with this:

I have received your faxes and emails regarding your loan with CMG Group LLC. In response to your various contacts regarding your loan with this company; I cannot understand that you would request a paydown on your account, thereby acknowledging and agreeing to the terms of loan but now claiming it is against the laws of your state?
I am sending your original loan packet, please review your Loan Note and Disclosure where it clearly states under "Governing Law", the terms under which the loan resides.
You will need to stop the debits through your bank as we are unable to stop deductions through our office.



What do I do now?


Just an FYI - TN doesn't license out of state companies. They allow out of state companies to lend over the internet as long as they are licensed in their state. They would need to follow the laws of the state they are licensed in.


[quote]Email to and from TN Banking Dept

Hello,

I'm trying to make sense of the payday loan laws in Tennesse. How would I go about calculating the allowable interest?

Thanks!

Response

From: Steve Henley
Sent: Friday, March 02, 2007 1:08 PM
To:
Subject: Re: calculating pdl interest

Dear Ms , technically it is not an interest rate but service fee and this is how it works. The fee cannot exceed the lesser of 15% of the check amount or $30. So if you have a check amount for $100, the service fee would not exceed $15 (15% x 100). Keep in mind the fee is on the check amount, not cash amount. If the consumer requests $100 in cash, the check amount would be $117.65. The check amount of $117.65 x 15% equals $17.65, and cash is $100 ($117.65 - $17.65 = $100). If the customer asks ... "how much should I write the check for if I want $50?"

You can back into the check amount by taking $50 and dividing it by 85% or .85. In other words $50 divided by .85 = $58.82. You can verify by multiplying $58.82 x 15% = $8.82 service fee. $58.82 - $8.82 = $50.

Remember the service fee is limited to $30 on all checks exceeding $200.

I hope this helps but please let me know if you have other questions.

615-532-6993 Steve Henley

Reply:

Hello,

Can you tell me if internet based payday lenders with no physical location in TN need to be licensed by TN to lend legally? Or would they only need to be licensed by another state? And which state's laws would they need to follow?

Thanks!

Response:

From: Steve Henley
Sent: Monday, August 27, 2007 8:12 AM
To:
Subject: Re: Internet Payday loans

Dear Ms , our statute does not address internet activity, but to obtain a license from Tennessee the entity must first have a physical location in this state.

Please let me know if you have other questions.

615-532-6993 Steve Henley

What does this mean?

They can charge 15% of the face value of the check in fees.

Rollovers are not allowed.

Internet companies do not need to be licensed by TN. As long as they are licensed in another state they can lend legally. They must follow the laws of the state they are licensed in. [/quote]


lrhall41

Submitted by goudah2424 on Mon, 01/21/2008 - 11:44

( Posts: 7935 | Credits: )


Here is what I replied:

Quote:

Miss Hernandez,

I have already filed a complaint with the Better Business Bureau. My next step is to file a complaint with the Nevada Attorney General and the Tennessee Attorney General. Please mark my account as paid in full so that we can put this matter to rest without any further hassle.

You are no longer authorized to withdraw money from my bank account. If you do attempt to withdraw any additional money from my account you will be acting without my authorization and I will take any and all necessary legal steps.

Please provide me with a copy of your license to operate in the United States as I would like to have this information available when I file a complaint with the Nevada Attorney General and the Tennessee Attorney General.

Thank you,
Amanda

I wonder what she will say to that. Do you think she will send me a copy of their license?


lrhall41

Submitted by amanda.noll on Mon, 01/21/2008 - 12:31

( Posts: 22 | Credits: )


I think I scared her.....

"We are not the lender, we are Customer Service. I have made no reference to anything that you are implying. At this point, I will be turning your account over to the lender. Which means I won't be responding to your emails until I receive more information from the lender."


lrhall41

Submitted by amanda.noll on Mon, 01/21/2008 - 13:15

( Posts: 22 | Credits: )


I dont remember ever signing an pdl agreement but I do remember looking at different lender that is how they got my info they deposited 200.00 into my account I have may 5 payment of 60.00. I dont know when this will be paid . Does anyone know what there terms usually are do they say the whole 60.00 is finance charge and never touch the principle. How do pay in full. There is alot of info on this company on this site but I do not hear any good outcomes. I am not sure what to do first.


lrhall41

Submitted by on Thu, 05/01/2008 - 17:41

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I just want everyone that is affected by this company to know that I found the e-mail they sent me (amongst the 800+ other e-mails I received about payday loans) after I called their number. It states that the loan is refinanced every two weeks (or every time you are supposed to pay) automatically unless you contact them to pay it off or paydown. They also told me on the phone when I said I did not authorize this loan that "once you hit submit online they use that as your electronic signature." So knowing that you have to hit submit in order to see how much, or if you are authorized for a loan, they take advantage of that. I was then told that they called me and left a "detailed" message and an e-mail. I responded that I had received millions of phone calls from many different companies and 800+ e-mails and she replied "I'm sure you did" sounding like they know that we will be getting all these e-mails and phone calls and ignoring most of them. So yeah, they are EXTREMELY sneaky in how they work! So I've talked to them and to my bank and if you catch it in time you can have the bank reverse the loan within 24 hours (this is the legal time they are allowed to do it) or within 24 hours OSL (CMG Groups other name and who answers when you call customer service) will take it back out of your account. However, if you find out too late, OSL will take it back out of your account IF you send them a bank statement that shows you didn't use the funds. Otherwise your option is to pay the loan amount and the finance charge (mine was $60) in full and they won't keep charging you. However, they can't give you a confirmation number saying that you have paid the balance in full. So yeah, I don't know if this will help anyone or not and I haven't gotten to the point of when they would start taking money out of my account and I'm still writing to the Attorney General about this because I don't know how a loan can be legal by them using your submit as an electronic signature when no terms or conditions were given BEFORE you hit submit! So we'll see. The number that I used to call them is 866-516-9300 and their fax is 866-516-9700. There is no address on the e-mail I received either, which seems even more sneaky to me! Good luck everyone I hope something brings this company down!


lrhall41

Submitted by on Thu, 11/04/2010 - 17:02

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
I dont remember ever signing an pdl agreement but I do remember looking at different lender that is how they got my info they deposited 200.00 into my account I have may 5 payment of 60.00. I dont know when this will be paid . Does anyone know what there terms usually are do they say the whole 60.00 is finance charge and never touch the principle. How do pay in full. There is alot of info on this company on this site but I do not hear any good outcomes. I am not sure what to do first.


They refinance the loan every time you are supposed to pay (like in my case every 2 weeks since I put down that I get paid every 2 weeks when I was looking into loans) and only charge you the finance charge for that time. The loan still stays unpaid because it was refinanced and all you are paying towards is their finance charge. They will continue to charge you until you pay the original loan amount in full in one payment - that's why after taking out hundreds of dollars from peoples accounts they are still saying the loan has not been paid. It's the sneakiest thing I have ever seen! They use your submit as an electronic signature - even though no terms and conditions were given to you prior to that to agree to. Call them and find out what they want - which will probably be the original loan amount plus the $60 finance charge. Argue with them that you never agreed with any terms and conditions of this loan OR a refinance! Then write to your attorney general!


lrhall41

Submitted by on Thu, 11/04/2010 - 17:08

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