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Response from Texas OCCC

Date: Mon, 08/30/2010 - 09:11

Submitted by anonymous
on Mon, 08/30/2010 - 09:11

Posts: 202330 Credits: [Donate]

Total Replies: 3


I emailed this forum last week about my payday loans and was told since 5 of the 6 were not licensed in Texas (were I reside) then I should close my bank account and inform them that I will only be paying back the amount loaned to me since they were not licensed in my state. I contacted the Texas OCCC just for verification and this is what they told me. If it is true then it sounds to me like I have to pay them all back, fees, interest and all. Please confirm.
"Federal statutes allow payday lenders to be licensed or registered in other states and then "export" the rates of that particular state thorough out the United States, known as Federal Preemption. Thus when you sign and take a proceeds from a loan, regardless of whether or not it is licensed in Texas, the loan may be regulated by another state. You would need to look at the Terms and Conditions of your contract in order to determine which states, if any, has statutory authority. In other words, "Who governs the Contract?" There should be a paragraph to that nature in the contract.

As with any contract, you are normally obligated to fulfill the terms and conditions of that contract unless there are viable reasons that you should not, i.e. fraud, deceptive practices, etc. This action, not completing the contract, normally requires the ruling of a court of competent jurisdiction."


i for one never consult or rely on anybody but my state AG to see about the licensing,and legality of pdl's.you should before you file the AG complaints ask the OCCC which federal law,and can they attach it to their response.bet you don't hear back,or get a run-around answer.go to your AG first.that is what i do.


lrhall41

Submitted by paulmergel on Fri, 09/17/2010 - 07:12

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I, too, received a letter similar to that from the OCCC. It also included "So long as the orginazations are operating within the guidelines of federal statutes or under the guidelines of the states in which they are incorporated in, then the organzation is free to operate within the boundaries of every state." So far, the payday loans have been illegal in the other states so I take it that they would be illegal in the state of Texas. The AG sent a form letter thanking me for notifiying them of possible violations of consumer protection laws and if any other infomation is needed, they will contact me. Otherwise that is the end of it.


lrhall41

Submitted by Gregory Lee on Fri, 09/17/2010 - 21:15

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