PDL Licensed In Texas?
Date: Tue, 07/25/2006 - 15:14
Two sites I checked found no results, but then the Corporation site on Polly's blog lists both. Not sure if this means their licensed though or not?
I think your state AG office will be able to confirm this inform
I think your state AG office will be able to confirm this information for you. Meanwhile, someone else maybe able to confirm for you if they have dealt with the company earlier.
Payday OK is licensed in New Mexico, and I believe Payday One is
Payday OK is licensed in New Mexico, and I believe Payday One is as well, despite the use of Delaware in its name. Payday OK is a Texas LLC, though. But I don't know if they have a physical presence in Texas, or merely a registered agent.
Texas doesn't have licensing for payday lending. The Consumer Lending License that is available is a better fit for finance companies (such as Citifinancial and Household Finance). A list of licensees should be available on the Texas Finance Commission's website. The AG doesn't handle licensing, so it wouldn't be on his site. His role in payday lending is litigation and enforcement on behalf of the Commission.
FYI:
Storefronts in Texas run on the CSO model. where an unlicensed lender makes the loan at 10% apr (Texas law only requires a license if you charge more than that) while the store acts as a broker and earns the bulk of the profit as "brokerage fees."
Internet lenders licensed elsewhere rely on the dormant commerce clause (which limits a state's ability to regulate businesses outside their borders), the Stroman decision (where a District Court in Texas blasted California and Florida for trying to regulate a Texas timeshare broker) and the Texas version of the UCC which provides strong support for choice-of-law clauses in contracts. Whether their view is correct or not remains to be determined by some future court. In addition, there may be other laws I am not aware of that either support or detract from their argument.
Truly unlicensed internet lenders, of course, rely on you not being able to find them easily.