Thirty-seven states have specific statutes that allow for payday lending. Eleven jurisdictions do not have specific payday lending statutory provisions and/or require lenders to comply with interest rate caps on consumer loans: Connecticut, Guam, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Puerto Rico, Vermont, Virgin Islands and West Virginia. Arizona and North Carolina allowed pre-existing payday lending statutes to sunset. Arkansas repealed its pre-existing statute in 2011. New Mexico repealed its payday lending statutes in 2017. The District of Columbia repealed its pre-existing statutory provision in 2007.
Finding a loan is tough when you have less-than-perfect credit, especially when the minimum credit requirement set by a bank puts a conventional loan out of your reach. Short-term options like payday loans can be a big help when you’re facing an emergency expense, but you’ll want to make sure you know exactly how much it’s costing you before you sign on the dotted line.
A person considering taking a payday loan in New York should know the following particularities of such lending as it is stated by the law: check cashing of post-dated checks is forbidden in the state; every lending business is required to have a license to operate in the state; state laws impose small loan cap for any loans that equals 25% and that number should not be exceeded.
To prevent usury (unreasonable and excessive rates of interest), some jurisdictions limit the annual percentage rate (APR) that any lender, including payday lenders, can charge. Some jurisdictions outlaw payday lending entirely, and some have very few restrictions on payday lenders. In the United States, the rates of these loans were formerly restricted in most states by the Uniform Small Loan Laws (USLL), with 36%-40% APR generally the norm.