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State to State Laws

Date: Mon, 03/30/2009 - 15:14

Submitted by anonymous
on Mon, 03/30/2009 - 15:14

Posts: 202330 Credits: [Donate]

Total Replies: 19


[size=3]Hello, I live in Oregon and have taken out a few loans in Washington.  I contacted the Oregon Division of Finance and Corporate Securities and they stated that, because these companies are not licensed in Oregon, they are illegal.  I only have to pay back the principal amount. [/size]
[size=3]But I've received letters from two of these PDL stating that because they are a Storefront that they do not abide by Oregon law, because they are in Washington.[/size]
[size=3]Neither lender was saying that I owed them any money but they also did not say that I was paid in full.  One just said that they do not owe me a refund of fees.  [/size]
[size=3]I understand what they are saying about being in Washington I but want to know who is correct.  If I should pay them the principal amount on top of the fees that I have paid then I will but I don't want to pay any more than I am liable for.  State of Oregon said that because my address and bank account are in Oregon that they have to be licensed in Oregon to loan to me.  [/size]
[size=3]Any help is appreciated.  [/size]


[size=3][quote]But I've received letters from two of these PDL stating that because they are a Storefront that they do not abide by Oregon law, because they are in Washington.[/size] [/quote]??
I agree, if these PDL companies are licensed in Washington then the fees are legit. The loan originated in Washington at the storefront lender so you are responsible for paying back what you borrowed according to Washington PDL laws. If you have relocated that does not change where the loan was originated.


lrhall41

Submitted by Cool_Abyss on Mon, 03/30/2009 - 17:14

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Here are Washington state laws on PayDay lending.
Quote:





Washington State Information










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



lrhall41

Submitted by Cool_Abyss on Mon, 03/30/2009 - 17:16

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I haven't relocated since taking out the loan.
Oregon Divison of Finance and Corporate Securities said that they should not have loaned to me because I live in Oregon and my bank account is in Oregon. They do not have a license to loan to Oregonians. The State of Oregon rep said that she was going to be sending them a letter saying that they should not be loaning to Oregonians.
How do I check to see if the State of Oregon is correct or if the PDL is correct?


lrhall41

Submitted by on Mon, 03/30/2009 - 18:28

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Well if the PDL holds a valid license in the state of Washington this could be a problem.
Also you obtained the loan in Washington state and??you live in Oregan. I do not believe your bank account has anything to do with the origination of the loan. If you State's DFI says that they are??Illegal for lending to you, ??then that decision is up to you to make. Just make sure you have documentation of everything you were told by OR state DFI and AG.


lrhall41

Submitted by Cool_Abyss on Mon, 03/30/2009 - 18:34

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I do have the emails from the OR State DFI that state that they are illegal to loan to Oregonians and that I need to consider my accounts paid in full because of the fees that I've paid.
I emailed the rep that I received this information from. I will update you on what she says.


lrhall41

Submitted by on Mon, 03/30/2009 - 23:23

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Well I am no expert on law, but it sounds to me if the store front lenders in Washington would try to take action against the poster the state of Oregon would be right there saying what they did was illegal however, the poster did go to Washington to obtain the loan and thats where I think the loophole might be. JMO


lrhall41

Submitted by kfstaff24 on Tue, 03/31/2009 - 04:11

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They have a group of lawyers that research the legislation for each and and have commited to abiding by the regulations.?? Contrary to what some may want to believe, they want every member to follow the regulations of the state for which they operate.?? It would be counter productive for the CFSA to urge the violation of state regulations and then turn around and work with govt to develop regs that allow for the industry to operate.?? It is a 2-way street for them to build a working relationship.?? If there is an issue with OR regs allowing their citizens to borrow in other states, they would be aware of it, just as they did in WV.


lrhall41

Submitted by PDLOwner on Tue, 03/31/2009 - 09:54

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I live in NY and I have become overwhelmed with pdl's. I have ten in all. I plan on closing my account and opening another bank account. I just would like more information on how I can go about doing this. I know pdl's are illegal in NY. What should I do after I close my account?
These are the loans that I have:
achloan.com, tendollarpaydayloan.com, oneclickcash.com, itsmypayday.com, unitedcashloas.com, cmg group 866-516-9300, ssm group 866-463-2130, coldcsahtoday.com 888-313-8257, and nationwidecash.com 866-808-0936.
Please I got in over my head!
Thank You


lrhall41

Submitted by on Wed, 04/01/2009 - 08:04

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