New Mexico caps fees, restricts total loans by a consumer and prohibits immediate loan rollovers, in which a consumer takes out a new loan to pay off a previous loan, under a law that took effect November 1, 2007. A borrower who is unable to repay a loan is automatically offered a 130-day payment plan, with no fees or interest. Once a loan is repaid, under the new law, the borrower must wait 10 days before obtaining another payday loan. The law allows the term of a loan to run from 14 to 35 days, with the fees capped at $15.50 for each $100 borrowed 58-15-33 NMSA 1978. There is also a 50-cent administrative fee to cover costs of lenders verifying whether a borrower qualifies for the loan, such as determining whether the consumer is still paying off a previous loan. This is accomplished by verifying in real time against the approved lender compliance database administered by the New Mexico regulator. The statewide database does not allow a loan to be issued to a consumer by a licensed payday lender if the loan would result in a violation of state statute. A borrower's cumulative payday loans cannot exceed 25 percent of the individual's gross monthly income.
Colorado: The amount of payments will vary based on the loan amount, the number of payments and the length of the loan. Using a $300 loan as an example: If you borrow $300 to be repaid in 6 months, the total finance charges would be $209.44, with an APR (Annual Percentage Rate) of 208.00%.* The finance charges and APR are based upon you agreeing to make 13 payments of $36.39 due every two weeks and one final payment of $36.37.
A licensee may charge a fee to defray operational costs, including, but not limited to, investigating the checking account and copying required documents, photographing the person signing the check, securing the check and customer records in a safe, fire-proof place, maintaining records as required by this chapter, maintaining required capital and liquidity, processing, documenting and closing the transaction, and for other expenses and losses. The fee authorized by this subsection (b) shall not exceed 15 percent of the face amount of the check. The fee, when made and collected, shall not be deemed interest for any purpose of law.
A payday loan lender may not: (1) Make or renew a payday loan at a rate of interest that exceeds 36 percent per annum, excluding a one-time origination fee for a new loan. (2) Charge during the term of a new payday loan, including all renewals of the loan, more than one origination fee of $10 per $100 of the loan amount or $30, whichever is less. (4) Charge a consumer a fee or interest other than a fee or interest described in subsection (1) or (2) of this section or in ORS 725A.060 (1)(c) or (d).
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 used to be restricted in most states by the Uniform Small Loan Laws (USLL), with 36–40% APR generally the norm.
Payday lending is legal in 27 states, with 9 others allowing some form of short term storefront lending with restrictions. The remaining 14 and the District of Columbia forbid the practice. Federal regulation against payday loans is primarily due to several reasons: (a) significantly higher rates of bankruptcy amongst those who use loans (due to interest rates as high as 1000%); (b) unfair and illegal debt collection practices; and (c) loans with automatic rollovers which further increase debt owed to lenders.
A single payday advance is typically for two to four weeks. However, borrowers often use these loans over a period of months, which can be expensive. Payday advances are not recommended as long-term financial solutions. Notice to Louisiana customers: If you cannot make payment when due, you can ask to enter into an extended payment plan once in a twelve-month period, but the request must be made before payment is due. Should Money Mart refuse to enter into an extended payment plan upon your request before the due date, contact the Office of Financial Institutions at 1-888-525-9414 (LA customers only).
Some lenders may use credit score along with other factors for loan consideration. An example is the FICO scoring system — which ranges from 300 to 850 — to gauge the likelihood of a borrower repaying a loan. Scores below 620 often fall into the “bad credit” range, which makes it difficult for those people to borrow from lenders that only use FICO to determine loan eligibility. Many factors play a part in the scoring process.
PLEASE NOTE: Please note the summaries should be used for general informational purposes and not as a legal reference. NCSL is unable to provide guidance to citizens or businesses regarding payday loan laws and practices. If you have questions regarding the application of a state law to a specific payday loan, please contact the Office of the Attorney General in your state.
Applying for a LendUp personal loan takes only a few minutes. The application is done online using a smartphone or computer and loan decisions are instant. If your loan is approved before 5 pm PT on a weekday, your funds will be deposited to your account within one business day. Although access to those funds are utlimately determined by your bank and how fast they process the funds. To apply you'll need: