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payday loan laws for washington

Date: Wed, 08/13/2008 - 20:36

Submitted by anonymous
on Wed, 08/13/2008 - 20:36

Posts: 202330 Credits: [Donate]

Total Replies: 25


I have a payday loan with grc funding they are taking 120 every two weeks from my account . I need to do a stop payment with my bank . How can I get the number and are they illegal in washington state


Quote:

Legal Status: Legal (Lender must have a small loan endorsement to their check casher license in order to make payday loans)

Citation:
Wash. Rev. Code Ann. ???? 31.45.010 et seq.

Loan Terms:
Maximum Loan Amount: $700
Loan Term: Max: 45 days
Maximum Finance Rate and Fees: 15%: first $500; 10%: remaining portion of the loan in excess of $500 up to the $700 maximum
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: A company cannot hold a check or checks in an aggregate face amount of more than $700 plus allowable fees from any one borrower at any one time.
Rollovers Permitted: None (cannot repay loan with proceeds of another)
Cooling-off Period:
Repayment Plan: A company and a borrower may voluntarily enter a payment plan at any time. A borrower, however, has a right to convert a small loan to a statutory payment plan after four successive loans and prior to default on the last loan.

Collection Limits:
Collection Fees: $25 NSF fee (one time per instrument); collection costs (excluding attorney's fees, interest and damages)
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: Washington Department of Financial Institutions
Address: Division of Consumer Services, PO Box 41200 Olympia WA 98504
Phone: (360) 902-8700
Fax: (360) 725-7827
Regulatory Contact: Chuck Cross,, Director of Consumer Services


lrhall41

Submitted by danilewis82 on Thu, 08/14/2008 - 06:28

( Posts: 296 | Credits: )


Emails to and from the DFI:

From: James
Sent: Saturday, April 26, 2008 5:08 PM
To: Bortner, Deb (DFI)
Subject: Payday Loan Information

Good Afternoon,

My name is James. I have extensive knowledge about some of the internet lenders preying on Washington consumers. I write extensively about them at usapaydayloan.net. My main question, however, is whether or not it is legal for an out of state licensed payday lender to lend to Washington residents without having a Washington license. A response would be greatly appreciated.

Thank You,
James

Reply:

Subject: RE: Payday Loan Information
Date: Mon, 28 apr 2008 08:54:38 -0700
From: "Leslie, Berri L (DFI)" Add Mobile Alert
To: "James

Good morning,

Thank you for your question. Yes, to lend money to Washington residents an entity, even out of state, must be licensed.

Berri Leslie, Program Manager

Administration and Licensing

Department of Financial Institutions

Division of Consumer Services

(360) 725-7839

(360) 664-2258 (Fax)

What does this mean?

Internet companies must be licensed by WA and follow WA law.

Specific rates may be charged.

No rollovers are allowed.

Unlicensed lenders cannot collect on the loans.

Thanks to James for providing this info


lrhall41

Submitted by goudah2424 on Thu, 08/14/2008 - 07:02

( Posts: 7935 | Credits: )


they are illegal in washington. you need to take the usual steps to protect your bank account. here is a letter that you can email and fax to them:

To Whom It May Concern

It has come to my attention that you a payday loan I have with you was made in violation of Washington State Administrative codes governing Check Cashers/Sellers and Payday Lenders (Chapter 208-630 WAC Check cashers and sellers - regulation of), wherein it states that payday lenders are required to be licensed by the State of Washington. This law applies to any payday loans made to Washington State Residents regardless of the state of origin or contractual jurisdiction agreements.

Because you were conducting payday lending business in violation of this administrative code and the governing law directing its creation. This violation renders our contract illegal in the State of Washington, rendering ay terms agreed to therein null and void. Under the above noted law, loans made illegally are not collectable.

Effective immediately, I hereby permanently revoke any and all authorizations, assignments or rights, including assignments of wages, income and/or accounts granted to INSERT PDL NAME HERE, its successors and/or assigns to electronically access any account owned by me.

On advice of counsel, prior to either initiating civil action and/or requesting that Washington State authorities investigate your business practices (including those of any potentially related businesses) I am requesting a refund of fees paid in the amount of $270.00 Understanding that this request is an attempt to avoid pursuit of other remedies, I am willing to agree in writing not to pursue additional civil action to seek redress.

I may be willing to explore other options to resolving this situation and I look forward to your written reply


lrhall41

Submitted by jj on Thu, 08/14/2008 - 09:05

( Posts: 1057 | Credits: )


JJ I believe is from WA, so he would be a good resource for you to use.

By the way, I'm only a 30 minute drive from WA! And pdl's are very restricted here. I was doing some research on a company that I thought was breaking the new laws here (a storefront) and was talking to the clerk like I was interested in applying for a loan. She flat out told me that if I wanted to borrow more all I needed to do was drive up to their store in Vancouver and I would be able to get a bigger, better loan! I was floored!


lrhall41

Submitted by goudah2424 on Thu, 08/14/2008 - 10:30

( Posts: 7935 | Credits: )


Are they legal in KY. They are doing the same to me also


lrhall41

Submitted by on Sun, 02/08/2009 - 11:23

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Hello. Newbie here, and I've appreciated all that I've learned, just lurking around here. I'm curious about these companies:

Emerald Marketing
OSL Marketing
Bahamas Marketing Group

I very stupidly and desperately got $200 loans with these people. I'm stuck in the same $60-every-2-weeks plan with each company. Yes, it's very, very bad. And that's not going to my balance at all, it's just for the extension fee.

These were all done over the internet. I only spoke on the phone with people from Bahamas Marketing and OSL Marketing, but not Emerald.

Are these legal in WA state?

Thank you in advance.


lrhall41

Submitted by cherrymuffintop on Mon, 02/09/2009 - 06:50

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I believe both of those companies are illegal everywhere.

The only way to get them to stop is to close your account.

You can read the sticky about dealing with Illegal loans for more information on what to do.

Just make sure you close or have secured your account BEFORE you contact them.


lrhall41

Submitted by nohiogal on Mon, 02/09/2009 - 07:42

( Posts: 2582 | Credits: )


Thank you, Keeker.

It is worse. Those are only the most recent loans I took out. I have been paying extensions fees since September on 500fastcash.com and mycashnow.com . Since these seem to be similar to Emerald Marketing, Bahamas Marketing, and OSL, I'm guessing these are illegal, too. Now, I just have to get my husband to agree to close the bank account. That will be the hard part. Thanks so much for the helpful advice.


lrhall41

Submitted by on Wed, 02/11/2009 - 05:03

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Make sure you read the sticky about closing a bank account.

The only way to deal with these illegal companies is to secure your bank account. Sounds to me like you need to get your husband on the same page and then proceed. They will debit your account forever if you do not take action.


lrhall41

Submitted by kfstaff24 on Wed, 02/11/2009 - 06:23

( Posts: 1448 | Credits: )