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.