In Which States are Payday Loans Legally and Offered?
- Payday loans can be legalized in 37 states, but they are illegal in 13 states.
- California, Texas, and Nevada are the top states for payday loans. California residents may get a $255 payday loan online.
- The interest rates on payday loans have been set by four states: Colorado, Montana, and New Hampshire.
Payday loans allow Americans to quickly get cash when they need it. Although they can be extremely helpful in financial emergencies, lenders have been accused of being unfair to borrowers. Payday loans and similar loans are illegal in some states. We have compiled some information about the laws governing payday loans in the USA and whether they are worth it.
Is it legal to get payday loans in my state?
Payday lending laws vary from one state to the next. It all depends on how each consumer protection agency handles high-risk borrowing.
This guide will provide information on state payday lending regulations.
What States are Payday Loans Legal in?
Payday lending is legalized in 37 states, including Alabama, Colorado, and California.
Payday lending is currently prohibited in Arizona, Arkansas, and Connecticut.
In thirty-two of the 32 states, high-cost payday loans are allowed by state laws. The protections provided to borrowers from high-cost payday loans are reasonable, with small loan rate caps and other prohibitions in fifteen US states. For less costly loans, three states have lower rate caps and longer terms. Online payday lenders are subject to state licensing laws and rate limits in the state where the borrower is receiving the loan.
What States have Payday Loan Caps
Four states have established caps on the interest rates for payday loans. Colorado, Montana, New Hampshire, and South Dakota have an annual interest rate limit of 36% and ban any additional fees.
Federal law also stipulates that payday loans are subject to a 36% cap for military personnel.
In recent years, more states have taken steps to increase or pass legislation governing payday lending. As of 2020, there are 21 states with pending legislation regarding payday lending and other payday lending options. Puerto Rico also has new payday loan laws in progress. The inauguration of November saw Nebraskans vote to increase the cap on payday loans. Utah’s legislation dealt with reporting and registration requirements as well as operational requirements.
Virginia is among the states that have passed tighter legislation regarding payday loans. Virginia’s enactment changed the name of payday loans to “short-term lenders.” It also set a maximum annual interest rate of 36% and a maintenance fee. The maximum loan value was increased from $500 to $2,500. It also established a minimum term of four months with exceptions and a maximum duration of 24 months.
How do I find out if a payday lender in my state is licensed?
Check to see if the lender holds a license issued by the state. The license should be visible in two ways: as a physical copy at your storefront or as an image on your payday loan website. Ask the lender if you are unable to see the license.
You can check the license with your state attorney or financial regulation office if you’re still not sure.
Payday loans that are not allowed in your state, but are advertised for sale, could be a scam.
Payday loans that are illegally advertised should be a red flag. Unfortunately, there are still predatory lenders who will offer unlicensed and illegal payday loans. By imposing fees and interest rates that are much higher than the legal limit, they often trap borrowers in a vicious cycle of debt.
For more information about how to proceed if you believe you have fallen for payday loan fraud, please contact your state attorney general and the police.
consumer financial protection bureau
federal trade commission