Table I
CHECK CASHING
OUTLETS *
Maximum Fees Allowed
|
State |
Government Checks |
Paychecks from Business |
Personal Checks |
|
Alabama |
Legality of check cashing outlets currently in COURTS |
||
|
Arizona |
3% of Face Value of Check or $5 whichever is larger |
Same Fee |
Same Fee |
|
California |
3% with identification 3.5% without identification |
Same Fee |
12% of face value |
|
Colorado |
No state regulation |
||
|
Connecticut |
1% state welfare checks |
2% |
2% |
|
Delaware |
2% of face value or $4 whichever is larger |
2% of face value or $4 whichever is larger |
2% of face value or $4 whichever is larger |
|
Florida |
Maximum 4% fees |
||
|
Georgia |
3% discount off face value OR minimum fee of $5 |
||
|
Hawaii |
$10 fee to setup account 3% or $5 whichever is larger |
$10 fee to setup account 5% or $5 whichever is larger |
$10 fee to setup account 10% or $5 whichever is larger |
|
Indiana |
10% of face value or $5 whichever is larger |
10% of face value or $5 whichever is larger |
10% of face value or $5 whichever is larger |
|
Louisiana |
1% for individuals over 62 / 2% for individuals under 62 / applies only to instate residence |
5% discount off face value OR minimum fee $5 |
10% discount off face value OR $5 minimum fee |
|
Maine |
Public Assistance & Soc. Security 3% with identification; 4% without or $5 |
5% of face value; 6% of face value without identification |
10% of face value or $5 whichever is larger |
|
Maryland |
Max Fee $2 or 1 ˝% of face value |
Max Fee $2 or 1 ˝% of face value |
Max Fee $2 or 1 ˝% of face value |
|
Minnesota |
3% of value of check plus allowable service fee |
3% of value of check plus allowable service fee |
3% of value of check plus allowable service fee |
|
Mississippi |
no explicit restrictions-state has usury law maximum of 18% |
no restrictions on fees |
no restrictions on fees |
|
Nevada |
Commissioner of Banking to establish allowable fees |
||
|
New Jersey |
1 ˝% on Soc. Sec. Checks; 1% on AFDC checks or 90˘ whichever is larger |
2% of face value of check or 90˘ whichever is larger |
2% of face value of check or 90˘ whichever is larger |
|
New York |
1.4% of face value of check or 60˘ whichever is larger |
1.4% of face value of check or 60˘ whichever is larger |
1.4% of face value of check or 60˘ whichever is larger |
|
North Carolina |
2% off face value |
||
|
Ohio |
3% of face value for state & federal gov’t. |
No restrictions |
|
|
Pennsylvania |
2.5% on Govt. checks |
3% on payroll checks |
10% on personal checks |
|
Rhode Island |
3% or $5 whichever is larger |
5% or $5 whichever is larger |
10% of face value or $5 whichever is larger |
|
South Carolina |
2% off face value |
5% discount off face value |
10% discount of face value |
|
Tennessee |
3% off face value or $2 fee whichever is greater |
5% discount of face value |
10% discount of face value |
|
West Virginia |
1% of face value of $1 whichever is larger |
1% of face value of $1 whichever is larger |
1% of face value of $1 whichever is larger |
* The information provided in this table
was gathered from telephone interviews with staff of state banking
commissioners in each state, and from state legal codes.
Table II
PAYDAY LENDING
*
Maximum
Allowable Interest & Fees
|
State *** |
Maximum Allowable Time Period on Loan ** |
Interest Rate per period |
Maximum size of Loan |
Is Loan Renewable? |
|
Arizona |
31 |
10% per year or any interest that both parties agree to in writing |
|
NO |
|
California |
30 |
25 |
300 |
NO |
|
Colorado |
30 |
25 |
500 |
YES |
|
Florida |
30 |
10 |
No limit |
NO |
|
Hawaii |
31 |
15% fee |
300 |
NO |
|
Iowa |
30 |
15% to $100 10% on amount over $100 |
500 |
YES |
|
Kansas |
30 |
Scale of fees |
780 |
YES |
|
Kentucky |
60 |
$15 per 100 for 14 days |
500 |
YES |
|
Louisiana |
60 |
For residence 16.75% |
350 |
YES |
|
Mississippi |
30 |
18% |
400 |
NO |
|
Missouri |
10 months |
$15 per 100 per month |
500 |
NO |
|
Nebraska |
31 |
$15 per 100 |
500 |
NO |
|
Nevada |
Commissioner of Banking Establishes Fee Schedule |
|||
|
New York |
Per Year |
25% |
|
|
|
North Carolina |
31 |
15% per month |
300 |
YES |
|
Ohio |
6 months |
5% per month + fees |
|
YES |
|
Oklahoma |
30 |
20% |
101 |
100 |
|
South Carolina |
31 |
10% |
500 |
YES |
|
Tennessee |
31 |
15% |
500 |
YES |
* This data was gathered from telephone interviews with staff
of state bank commissioners in various states, from the consumer affairs staff
in the attorney general’s office in states identified and from state legal
codes.
** The term of most loans actually
transacted is either 7 days or 14 days.
*** The following states do not have separate
legislation on payday lending but allow it under their state small loan
act. These state acts provide no
maximum allowable rate. Some of the
states allow CCO’s to operate within their states (*) others do not (**). If CCO’s do not operate within state stand
alone small loan firms and/or banks provide payday loans. Delaware **; Idaho *; Illinois **; Montana
*; New Jersey **; New Mexico *; North Dakota *; Oregon *; South Dakota *;
Wisconsin *. In addition under federal
legislation out of state firms may provide loans not allowed to instate firms.
*** Some states have laws that explicitly prohibit payday loans through small loan law or check cashing acts. These states all have maximum small lending cap rates for loans given for institutions that are licenses or chartered within the state. It is important to note that these laws are not effective at prohibiting loans given by out of state providers within their state. [(Alaska (36%); Arkansas (17%); Connecticut (28+%); Maine (30%); Maryland (33%); Massachusetts (40%); Michigan (25%); New Hampshire (24%); Pennsylvania, (24%); Rhode Island (36%); Texas (32%); Vermont (24%); Virginia (36%).]
Table III
PAWN BROKERS
|
State |
Maximum interest
rate on loan outstanding one month |
Maximum fees on
loan outstanding one month |
Maturity Period |
Minimum Grace Period |
Ownership of
surplus on sale of merchandise |
Loan size |
|
|
Alabama |
25% |
25% Max. includes fees |
30 |
31 |
Pawn Broker |
|
|
|
Alaska |
No maximum fee restrictions |
|
No restrictions |
|
|
|
|
|
Arizona |
6% per month for first two months. Rate may not exceed 3% per month thereafter. · No compounding of interest allowed |
$5 set up fee $5 per month storage fee |
30 |
31 |
Pawn Broker |
|
|
|
Arkansas |
Usury law restrictions make institution unviable ** |
|
|
||||
|
California |
2 ˝% per moth on portion of loan $225 or less 2% per month on portion of loan between $225 and $900 1 ˝% per month on portion $900 to $1650 1% on portion above $1650 One month’s interest may be charged for any portions of month for which it is outstanding |
|
60 |
60 |
Owner |
|
|
|
Colorado |
No state legislation *** |
||||||
|
Connecticut |
Loans $15 < 5% per month; $15-$50 3% per month $50 > 2% per month |
|
30 |
30 |
Pawn Broker |
|
|
|
Delaware |
No state legislation *** |
||||||
|
Florida |
2% |
Not to exceed 20% of value of loan |
30 days; interest & fees for 30 day period |
30 |
Pawn Broker |
|
|
|
Georgia |
25% max. for interest & fees Beyond 30 days max. interest 12.5% per month or $5 whichever is larger |
30; renew- able to 90 days |
|
|
|
||
|
Hawaii |
No state legislation *** |
||||||
|
Idaho |
No state legislation *** |
||||||
|
Louisiana |
10% |
10% |
|
|
|
$200 |
|
|
Illinois |
No state legislation *** |
||||||
|
Indiana |
Yearly rates maximum are: 36% on loans $930 < 21% $930<$3100 15% on portion > $3100; average rate on loan not to exceed 21% · Interest cost is not to be deducted from face of loan |
Fees limited max. 20% per month |
30 |
30 |
Pawn Broker |
|
|
|
Iowa |
No state legislation *** |
||||||
|
Kansas |
2% per month |
fees not to exceed 20% per month within this fee a 3 ˝% storage fee allowed |
30 |
30 |
Pawn Broker |
|
|
|
Maine |
No state legislation *** |
||||||
|
Maryland |
No state legislation *** |
||||||
|
Massachusetts |
No state legislation *** |
||||||
|
Michigan |
No state legislation *** |
||||||
|
Minnesota |
No state legislation *** |
||||||
|
Mississippi |
25% |
no additional fees allowed |
30 |
30 |
Pawn Broker |
|
|
|
Missouri |
No state legislation *** |
||||||
|
Nebraska |
No state legislation *** |
||||||
|
Nevada |
10% per month |
Initial charge $5/storage charge limited to $3 per day |
30 |
30 |
Pawn Broker |
|
|
|
New Hampshire |
Nothing |
|
|
|
|
|
|
|
New Jersey |
3% per month |
no other charges allowed except as permitted by commissioner of banks |
30 |
30 |
Pawn Broker |
|
|
|
New York |
3% per month or fraction thereof |
may charge “reasonable fees” |
Length of loan limited to 15 months |
|
Pawn Broker |
|
|
|
North Carolina |
2% |
20% max. fees plus fee for returned check |
not less than 30 days |
60; pawns must be renewable |
Pawn Broker |
|
|
|
North Dakota |
No state legislation *** |
||||||
|
Ohio |
5% per month · No compounding of interest allowed |
storage fees limited to $2 per month |
|
|
|
||
|
Oklahoma |
No state legislation *** |
||||||
|
Oregon |
3% per month or $3 whichever is greater |
10% set up fee (minimum charge $2; maximum charge $100; storage fee up to 2% per month; minimum charge $2 |
30 |
Pawn Broker |
|
||
|
Pennsylvania |
No state legislation *** |
||||||
|
Puerto Rico |
No state legislation *** |
||||||
|
Rhode Island |
5% per month first three months for amount exceeding $50; 2 ˝% on amount for time period exceeding 3 months |
30 |
30 |
Pawn Broker |
|
||
|
South Carolina |
$2.50 for each $10 loaned up to $50 $2 for each $10 loaned between $50-100 $1.50 for each $10 loaned between $100-200 $1 for each $10 loaned between $200-1000 $.50 for each $10 loaned between $1000-2000 |
30 |
60 |
Pawn Broker |
|
||
|
South Dakota |
No state legislation *** |
||||||
|
Tennessee |
2% |
20% max. fee |
30 |
50 days unless contract calls for "immediate repayment" |
|
||
|
Texas |
No state legislation *** |
||||||
|
Utah |
No maximum interest rate or fee schedule |
|
30 |
30 |
|
||
|
Virginia |
10% per month on loans 25% </7% on loans $25 < $100/5% on loans of more than $100 |
Storage 5% of face value of household goods; other loans 2% per month for first three months |
1 month may be renewed |
Owner |
|
||
|
Washington |
No state legislation |
||||||
|
West Virginia |
No state legislation |
||||||
|
Wisconsin |
No state legislation |
||||||
|
Wyoming |
No state legislation |
||||||
* Note Pawn loans are discount loans, interest and fees
subtracted from face value of loan
** Current law at the Federal level would allow out of state
firms to provide pawn loans
*** States that do not have state legislation usually allow pawn
shops to operate under county or city regulation.