To give you an idea of how difficult this category of borrower is to deal with, you had General Electric doing personal loans to these sort of customers based on healthy returns and VERY high interest rates (I went past there when I was working and it started at 33%). There is just one small problem with that, being high risk borrowers they were also the most likely to DEFAULT and never pay their loans back.
A deferred deposit lender that engages in a deferred deposit loan may not: (b) roll over a deferred deposit loan without the person receiving the deferred deposit loan requesting the rollover of the deferred deposit loan; (c) roll over a deferred deposit loan if the rollover requires a person to pay the amount owed by the person under a deferred deposit loan in whole or in part more than 10 weeks from the day on which the deferred deposit loan is first executed.
The Federal Trade Commission recently got a preliminary injunction order against Western Sky Financial and other tribal payday lenders in South Dakota that were sending letters to employers insisting that they had the right to garnish wages without a court order. FTC attorneys say that tribal lenders “do not have legal authority to garnish the pay of consumers who owe an alleged debt without first obtaining a court order.”
Payday lenders have made effective use of the sovereign status of Native American reservations, often forming partnerships with members of a tribe to offer loans over the internet which evade state law. However, the Federal Trade Commission has begun aggressively to monitor these lenders as well. While some tribal lenders are operated by Native Americans, there is also evidence many are simply a creation of so-called "rent-a-tribe" schemes, where a non-Native company sets up operations on tribal land.
A licensee that has obtained the required small loan endorsement may charge interest or fees for small loans not to exceed in the aggregate 15 percent of the first $500 of principal. If the principal exceeds $500, a licensee may charge interest or fees not to exceed in the aggregate 10 percent of that portion of the principal in excess of $500. If a licensee makes more than one loan to a single borrower, and the aggregated principal of all loans made to that borrower exceeds $500 at any one time, the licensee may charge interest or fees not to exceed in the aggregate 10 percent on that portion of the aggregated principal of all loans at any one time that is in excess of $500.
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