Arnold Schwarzenegger, Governor
Preston DuFauchard, Commissioner
Susie Wong (916) 324-9011
CALIFORNIA DEPARTMENT OF CORPORATIONS ORDERS
PAYDAY LOAN STORES TO STOP LENDING IN STATE
Sacramento, September 8, 2006 - California Department of Corporations (DOC) has brought enforcement actions against four online stores that offer "pay day loans," on the ground that the stores have not been licensed in California.
Operators in the business of making a small, unsecured, short-term cash advance to customers, typically cleared on payday, are required to be licensed by DOC under the California Deferred Deposit Transaction Law. To date, DOC has issued enforcement actions to 40 payday lenders operating in violation of state law.
In the current enforcement actions, DOC issued desist-and-refrain orders to four online Deferred Deposit lenders to prohibit them from entering into transactions in California. The companies named include Ameriloan.com, USFastCash.com, PreferredCashLoans.com, and UnitedCashLoans.com. The desist-and-refrain order further forbids Internet Cash Advance Marketing, Inc. of Vancouver B.C. and President
Clive L. Boulton from offering or arranging payday loans for the online companies without a state license. In November 2005, a Southern California customer of USFastCash was levied fees and charges in excess of the amount allowed under state law.
"Online deferred deposit transactions present a risk to California consumers, and may unfairly target military personnel," said Corporations Commissioner Preston DuFauchard. "In addition, allowing unlicensed Deferred Deposit lenders to operate in the state unfairly penalizes those companies that are properly licensed and examined by the department. The risks presented by this type of unlawful activity require swift and substantial enforcement response."
Counsel Uche Enenwali is responsible for this case.
The Department of Corporations (DOC) is California's investment and financing authority and is responsible for the regulation, enforcement, and licensing of securities, franchises, off-exchange commodities, investment and financial services, independent escrows, consumer and commercial finance lending, DOC residential mortgage lending, payday lenders, check sellers, bill payers, and debt reduction services. Consumers should contact the department to check on the status of the companies, investments or other services they are considering and the licensing status of the person. Contact DOC's toll-free Consumer Resource Center at 1-866-ASK-CORP (1-866-275-2677) or visit www.corp.ca.gov.
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