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Wisconsin PDL laws

Date: Mon, 03/09/2009 - 07:55

Submitted by Sonja.Jansen
on Mon, 03/09/2009 - 07:55

Posts: 53 Credits: [Donate]

Total Replies: 68


After reading through numerous posts, I'm still a bit confused on Wisconsin's PDL laws. I reviewed the laws for various states, and WI sounds like any and all on line loans are legal as long as the company didn't solicit the person. In other words, since I went on line and looked for loans, WI would recognize them all as legal? If anyone knows if I'm reading that correctly or not, could you please let me know? I'm in way over my head and despertely need a way out. I don't know which route to take until I know the laws.


Any lender must be licensed in WI. The lender may utilize the license of a storefront PDL as long as the loans are processed at the location of the license. If there is not a physical location or the loans are processed at an alternate location, the lender must have a seperate license for their internet business.


lrhall41

Submitted by PDLOwner on Mon, 03/09/2009 - 08:01

( Posts: 1049 | Credits: )


Thank you for the information and the link. Forgive me, but I'm still confused. I see some of the names of the companies I used, and they are listed as "Wisconsin LLC" or something like that, but the licensing state is listed as another state, such as Texas or Utah.

I have PDLs with these companies:

Payday One (which I'm thinking is legal)
Check into Cash, (I know this is legal, it's a storefront)
Cash Central
Check City
One Click Cash
My Cash Now


lrhall41

Submitted by Sonja.Jansen on Mon, 03/09/2009 - 08:16

( Posts: 53 | Credits: )


Yup... as PDLowner & nohiogal stated, regardless of whether they soliciate you or you solicate them, they need to be licensed in WI in order to lend.

Btw, WI DFI is great to work with.

Payday One (which I'm thinking is legal) -Check with WI DFI.. their website may not be updto date which they have that they are licensed to lend in KY which they aren't.
Check into Cash, (I know this is legal, it's a storefront)
Cash Central -Are licensed, will have to work out an EPP plan. They are a member of CFSA I believe.
Check City
One Click Cash -i believe is illegal (Someone will know for sure)
My Cash Now -i believe is illegal (Someone will know for sure)


lrhall41

Submitted by beli2005 on Mon, 03/09/2009 - 08:18

( Posts: 882 | Credits: )


Here is the information...

Department of Financial Institutions
345 W Washington Avenue
Madison, WI 53703

Office Hours: 7:45 am - 4:30 pm
Telephone: (608) 261-9555
TTY: (608) 266-8818 For hearing-impaired callers.
Fax: (608) 261-7200

You will more than likely speak with Lisa or Janelle.


lrhall41

Submitted by PDLOwner on Mon, 03/09/2009 - 08:32

( Posts: 1049 | Credits: )


OneClickCash
CustomerService(at)oneclickcash.com
compliancedepartment(at)oneclickcash.com
FinalCollections(at)oneclickcash.com
1-800-825-0441
One Click Cash, are unlicensed/illegal to lend in any state in the US.
One Click Cash
52946 Highway 12
Suite 3
Niobrara, NE 68760
Fax 1-800-803-9136
Ph: 1-800-349-9418
compliancedepartment(at)oneclickcash.com

MyCashNow dot Com Inc. (Illegal)
Grand Anse, St. George's
Milwaukee, WI 53214
Telephone: (866) 398-2274
support(at)mycashnow.com
1-866-645-1662 and 1-866-318-2274

Check City
is a legal lender and member of CFSA.

CLICK HERE to find out how to deal with illegal lenders.


lrhall41

Submitted by Shazzers on Mon, 03/09/2009 - 08:36

( Posts: 17344 | Credits: )


Or Kathleen :) (at least that's who i'm in communication with. on some of mine...not sure if she answers the phones or not though)

Hey Shazzars.. thought we already determined that the address is illegal for My Cash now? There is NO address by what My cash now is listed on in the city of Milwaukee. I know. I live here. :)

In fact most of the addresses in the city of Milwaukee are numbered/and or have Street names along with a address such as 750 W Virgina St.

Or 5513 S 13th Street.


lrhall41

Submitted by beli2005 on Mon, 03/09/2009 - 08:36

( Posts: 882 | Credits: )


This is all very helpful. Do you think I should start by contacting the illegal companies and asking for an EPP on just the principal? Or would it be better to contact the WI DFI first? I'm afraid that the PDLs will try to debit the full amount I owe from my account if I have to go through a process with DFI.


lrhall41

Submitted by Sonja.Jansen on Mon, 03/09/2009 - 08:41

( Posts: 53 | Credits: )


You should revoke the legal lender's eft rights before you ask for a payment plan, also revoke any and all wage assignments you may or may not have signed, then try to work out a payment plan, usually (but not always) a legal lender will honor the revocations. Do stay pro-active in communicating with them.


lrhall41

Submitted by Shazzers on Mon, 03/09/2009 - 08:48

( Posts: 17344 | Credits: )


PayDay One is great to work with.

You may have to close your account as the illegal ones will continue to take out what they want. I would not deal with an EPP with the illegal loans. Principle Only.

I would secure your account then contact the legal ones with payment arrangements. And then move on to the illegal ones.


lrhall41

Submitted by nohiogal on Mon, 03/09/2009 - 08:50

( Posts: 2582 | Credits: )


You can request it is be deposit only which means no ACH withdrawl transactions, checks etc. can be processed.

The best thing to do is to go to the bank and speak to the bank manager. Explain the situation and they may also offer other alternatives. Some suggest closing the account and opening a new one.


lrhall41

Submitted by nohiogal on Mon, 03/09/2009 - 09:18

( Posts: 2582 | Credits: )


I am confused. How do I find out which pdls are illegal in wisconsin. I had contacted Lagenhord debt solutions, because I have numerous loans, but I am wondering if I should go this alone. Right now I am drowning.


lrhall41

Submitted by on Wed, 03/11/2009 - 13:01

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How do you get the companies to do an EPP and revoke the EFT or wage assignments. I have both onloine and store front lenders that I would like to eliminate. Someone please help me get out of this H!!


lrhall41

Submitted by on Wed, 04/08/2009 - 08:33

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DO I do them all at once or do one at a time and ignore the others until I can pay them. I would like to work it so I am only paying one loan at a time to allow enough money in my budget for other bills. Whats your thought on this? How long can I push them off without paying or communicating?


lrhall41

Submitted by on Wed, 04/08/2009 - 09:32

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Always keep in communnication with your lenders. Wheter they are Legal or Illegal. Send them your proposal letters letting them know what your repayment plan will be. Just be honest and let them know when you will be able to pay them.

Most Illegal lenders will fight you to death in accepting your proposal. So I suggest in the meantime you can put your money towards more pressing matters. I wouldnt say ignore them, just dont make them a priority if they are Illegal and unwilling to cooperate. Definately take care of your homefront first untill you are caught up. :wink:


lrhall41

Submitted by Cool_Abyss on Wed, 04/08/2009 - 09:38

( Posts: 2936 | Credits: )


Once you default the EPP is no longer available. Can you do one or two why you re-loan with the others?

If you default they will submit the checks you gave them. You would have to place a stop payment on each one.

Then as they call make some type of arrangments. They can be really nasty and insist that no payments can be made and they want all the money at one time.


lrhall41

Submitted by nohiogal on Wed, 04/08/2009 - 09:53

( Posts: 2582 | Credits: )


Oh my if these are all storefronts then the OP will need to call corporate immediately. Maybe advise them that an EPP is not affordable. Hopefully they can work out some other type of repayment plan that is more affordable to you.


You definately do not want to default with them, but there may be no other option.


lrhall41

Submitted by Cool_Abyss on Wed, 04/08/2009 - 09:58

( Posts: 2936 | Credits: )


I have not defaulted at this point but I can not continue in this matter. I have most of the loans due on Friday. I wanted to skip the payments for this time and move into the next level of actually doing repayments. The only other option I might have to to ask someone to take out a true loan and them pay that back.Not real proud of going to family to admit this mess.


lrhall41

Submitted by on Wed, 04/08/2009 - 10:09

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beli2005 the OP cannot afford the EPP payments.

Please call the corporate offices as soon as possible and see what other options you have. If you can borrow from family to pay these all off then I would definately try that first. I know it is embarassing, but it is better off in the long run. Reloaning can get you into a financial mess :(


lrhall41

Submitted by Cool_Abyss on Wed, 04/08/2009 - 10:20

( Posts: 2936 | Credits: )


Quote:

I was wondering about the Corp offices. I was thinking if I did not make the payments that they would then turn over to corp office and I could work with them on a payment option. This would give me some time to get money organized


This is another route you can take. Others have had success with the corporate offices. If you cannot afford the EPP on all the loans I would try to work something out with corporate.

As puddlejumper asked, what are the PDL companies names?


lrhall41

Submitted by Cool_Abyss on Wed, 04/08/2009 - 10:33

( Posts: 2936 | Credits: )


I just wanted to give some clarification on the WI laws for pdl. Here is an email I rec'd from Janell at the WIDFI:
Dear Ms. XXXXX

Thank you for your inquiry.

As indicated in your e-mail, our department has not issued a loan company license to Red River Ventures, LLC. In Wisconsin, an internet lender is only required to obtain a loan company license if they are directly soliciting Wisconsin consumers. We would consider the lender to be directly soliciting a Wisconsin consumer if they sent the consumer a letter or an e-mail asking the consumer if they wanted a loan, if they called the consumer to ask the consumer if they wanted a loan, or even if they placed an advertisement in a Wisconsin newspaper. However, if the Wisconsin consumer found the internet lender (perhaps from a pop-up ad or Google search) then the internet lender would not need to have a Wisconsin loan company license.



If the internet lender directly solicited you for the loan, I would recommend that you file a complaint with our department explaining how the lender contacted you and indicating that you would like the lender to refund all of the interest you paid. It would also be very helpful if you could attach a copy of any solicitations that the lender sent you. I certainly can???t guarantee that we will be able to get you a refund or get them to stop assessing interest, but we can try. You can find a complaint form on our website at

If the internet lender did not directly solicit you for the loan, I would recommend that you review your loan agreement and see if the agreement allows the lender to collect the interest until the loan is paid in full or if it indicates that interest will stop accruing on the maturity date of the loan. If they are continuing to collect interest even though interest was supposed to stop on the maturity date, you may want to file a complaint with our department. If the agreement says you have to pay interest until the loan is paid in full, I would recommend that you try to contact the lender and negotiate a payment arrangement. If the lender is continually attempting to withdraw money from your checking account and is continually causing NSF fees to be assessed to your account, you may want to consider closing your checking account and arrange another method of payment with the lender. If the lender is threatening criminal prosecution, physical harm, or is contacting you at unusual hours, you may also want to file a complaint with our department.

For future reference, our department licenses several internet payday lenders that conduct business with Wisconsin consumers. If you or someone you know is considering applying for an internet payday loan, I would strongly recommend that you verify that the lender has been issued a loan company license by our department. You can verify loan company licenses on our website at XX. Our department has received complaints from Wisconsin consumers who obtained payday loans from unlicensed internet payday lenders and we are rarely able to help the consumer with their complaint because the unlicensed lenders usually do not respond to our requests and are difficult to find.


lrhall41

Submitted by on Fri, 04/10/2009 - 06:45

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Quote:

If they are continuing to collect interest even though interest was supposed to stop on the maturity date, you may want to file a complaint with our department. If the agreement says you have to pay interest until the loan is paid in full, I would recommend that you try to contact the lender and negotiate a payment arrangement. If the lender is continually attempting to withdraw money from your checking account and is continually causing NSF fees to be assessed to your account, you may want to consider closing your checking account and arrange another method of payment with the lender. If the lender is threatening criminal prosecution, physical harm, or is contacting you at unusual hours, you may also want to file a complaint with our department.


Translation, pay the principal balance to the ILLEGAL loan compnay. You should not pay $1600 interest on a $300 loan, case closed :wink:

WI has the worst state laws. :?


lrhall41

Submitted by Cool_Abyss on Fri, 04/10/2009 - 07:09

( Posts: 2936 | Credits: )


Quote:



Translation, pay the principal balance to the ILLEGAL loan compnay.



Actually, the correct translation is that if you seareched out the lender, you have to abide by thier terms. That means that unless you can prove that they came to you, you owe them all that can be validated.

BTW, that is different than what she told me last year!!


lrhall41

Submitted by PDLOwner on Fri, 04/10/2009 - 07:18

( Posts: 1049 | Credits: )


I Disagree totally! I would in no way pay $1600 on a $300 loan. I know what she stated about solicitation, but on the other hand consumers are not educated. When we become educated then we realize we have wasted thousands on these crooks, who by the way solicit me everyday :evil:

I do not see putting a customer in financial hardship legal at any means. If I paid $1600 on a $300 loan I am done period! Lesson learned and I would never do that again! As most do here on this site. The PDL company can come sue me of they want that $300, which makes the toal paid now $1900. NUTZ! :evil:

Oh they wont sue because they will loose their flimsy immunity :lol:


lrhall41

Submitted by Cool_Abyss on Fri, 04/10/2009 - 07:23

( Posts: 2936 | Credits: )


I agree, WI does have they worst laws regarding the loans.. I am trying to fight Red River though because I didn't find them, they found me thru a 3rd party, but I have no idea which site I used.. It's tough, but I am determined to get it all figured out w/out paying the ridiculous interest!! I am now working w/Kathleen for my case so I'll let you know if I find anything out that's helpful or different than what Janell told me!


lrhall41

Submitted by on Fri, 04/10/2009 - 07:30

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No problem keep us posted.

Most internet lenders will call you from the information you posted through a PDL search site. That is also what happened to me. There is a clause on these search sites that say something like "we are not a lender but provide referral to outside lenders, casd advance, etc.." You have to watch out for those types of websites. It happened to me, I put my info in and I got a million emails and call, texts offering me payday loans. All SOLICITATION :evil:


lrhall41

Submitted by Cool_Abyss on Fri, 04/10/2009 - 07:35

( Posts: 2936 | Credits: )


Yes they are, but at the same time I entered in the info on my own. So once I found out it could possible cause me issues (fraud/identity theft). I closed all my accounts and blocked all unidentified numbers.

Desperation can make you do some crazy things. I am glad this site exists because it helped me realize I didnt have to pay these goons a million dollars for the rest of my life :wink:

I agree with the rep from the WI DFI. Close your accounts to stop the interest deductions. Work out a payment arrangment with the lender. Same advice we give here. If you overpaid, we consider that a "PIF" :P


lrhall41

Submitted by Cool_Abyss on Fri, 04/10/2009 - 07:42

( Posts: 2936 | Credits: )


Quote:

In Wisconsin, an internet lender is only required to obtain a loan company license if they are directly soliciting Wisconsin consumers. We would consider the lender to be directly soliciting a Wisconsin consumer if they sent the consumer a letter or an e-mail asking the consumer if they wanted a loan, if they called the consumer to ask the consumer if they wanted a loan, or even if they placed an advertisement in a Wisconsin newspaper. However, if the Wisconsin consumer found the internet lender (perhaps from a pop-up ad or Google search) then the internet lender would not need to have a Wisconsin loan company license.


This is what I have been saying for the last 2 1/2 years. When I started my fight with the internet lenders. And the only way to get WI to even think about changing is to write letters to the WI DOJ. Thats what the reps. that I have complained to have told me. Too many are taking money under the table to change the laws. Plus WI would lose too much money in license fees to change the laws. :x


lrhall41

Submitted by puddlejmpr on Sat, 04/11/2009 - 09:16

( Posts: 1634 | Credits: )


Their laws are too lax IMO. How can they base what is Legal off of solicitation. I mean so many folks do not know what is right and wrong. So there should be a solid law in place to protect us. From what I read there th WI rep is promoting ridiculous fees towards a simple $200 loan. In no way the PDL will say stop paying us fees because that is how these creeps are making their money. When will it end at $2000 geez. They are banking off of the fact that most are uneducated in our rights. We need money, so we take these loans without realizing the damage it can cause in the future. So where is the law to protect us. :evil:


lrhall41

Submitted by Cool_Abyss on Sat, 04/11/2009 - 09:25

( Posts: 2936 | Credits: )


Well as long as the PDL companies keep the reps pockets full WI will never change their laws and that ticks me off to no end. But all of my info and experience with these companies and tens of thousand dollars in fees paid to them are falling on deaf ears. Thats only because i paid the companies the money and not the reps pockets :x So there will not be any new or changed laws the will protect WI consumers that fall prey to these companies. Thats when I came upon a little inside info, to keep sending letters to the DOJ about this subject. The more letters about this subject the more they will look into things. But I am only one voice, I need more to join me in the fight. I know now to stay away from them so I don't have to worry, (and I just want to scream when a new one opens up) but what about all the other people who are in the same boat i was 2 1/2 years ago?


lrhall41

Submitted by puddlejmpr on Sat, 04/11/2009 - 21:55

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