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Governing Law

Date: Wed, 11/08/2006 - 13:42

Submitted by annacarder
on Wed, 11/08/2006 - 13:42

Posts: 9 Credits: [Donate]

Total Replies: 2


My payday loans are all via the internet. However, the language in the contracts, which were elcetronically signed, state under the subject "Governing Law" that I will abide by all federal laws and the laws regulating the state in which the company resides no matter what the laws are in the state which I reside. In Alabama they are only allowed to collect one rollover fee. One company (Oasis Marketing Group) has debited my account over 7 times. So who is right here? Are Alabama laws null and void as according to the contract?


There is a federal court precedent that answers this question:

"If a business solicits business, accepts business,and continues to transact business with a consumer in another state, the court held that, in fact, the "electronic" business is conducting business in the consumers state, and therefore, is subject to the laws and courts of that state."


lrhall41

Submitted by goudah2424 on Wed, 11/08/2006 - 13:52

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The common faqs are listed in the Alabama Banking Department website. Go here

http://www.bank.state.al.us/FAQ_deferred_presentment_act.htm

I know that the internet lender has to follow the laws of the state where borrower resides. And the contract was prepared in the illegal way if they say that their state laws will be followed. Did you check them to be licensed in your state as well as in their state? Unauthorized debits in the checking account are illegal. You should report the company to your and their state AG's office.


lrhall41

Submitted by BuildingWealth on Wed, 11/08/2006 - 13:54

( Posts: 491 | Credits: )