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Payday Loans. Laws Protecting Montana Borrowers. 2002. Authors: Marsha A. Goetting MSU Extension Family Economics Specialist Britta A. Schernthanner FCS Intern, MSU. MSU Extension MontGuide MT200102HR www.montana.edu/wwwpb/pubs/mt200102.html. Advertisements. Quick Money!!!
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Payday Loans Laws Protecting Montana Borrowers 2002
Authors:Marsha A. GoettingMSU Extension Family Economics Specialist Britta A. Schernthanner FCS Intern, MSU
MSU Extension MontGuideMT200102HRwww.montana.edu/wwwpb/pubs/mt200102.html
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Payday loan Industry • Emerged in response to consumer demand for small loans for short periods of time
Small Loans • Typically not made by traditional lenders • $50 to $300
Common Loan Names • Cash Advance • Payday • Post dated Check • Delayed Deposit Check
Payday Lenders • MT Definition • Business that provides loans from $50 to $300 for up to 31 days
Montana Division of Banking & Financial Institutions • Issues annual licenses • Conducts annual examinations
Montana Licensed Payday Lenders • 97 • January of 2004
How does a payday loan work? • Two ways are typical
Method 1 • Lender loans money to borrower • Lender accepts check for loan amount plus fees
Method 1 (cont’d) • Borrower dates check on day written • Lender holds check for agreed number of days of the loan
Payday Loan Example: • Mary has too much month left at the end of the money! • Borrows $100
Mary Borrows $100 • Writes check for $113 • $100 plus $13 fee • Dates check on day written, January 22
Mary’s Payday Loan • 7 day loan • Payment Due • January 28 • Lender deposits check for $113
Method 2 • Lender loans money • Lender accepts post dated check for loan amount plus fees
Method 2 (con’d) • Lender holds check until date written on it • Borrower can buy back check with cash
Payday Loan Example: • Mike has too much month left at the end of the money!!!!
Mike Borrows $100 • September 10 • writes check for $118 • Post dates check • September 21
Mike’s Loan • 12 days later • Lender deposits check for $118
How much money may be borrowed? • Maximum • $300 • Plus fees
How much money may be borrowed? • Minimum • $50 • Plus fees
Costs for loans • Finance Charges • Fees
Montana Fee Cap • Can’t exceed 25% of face value of check
4 days = 10 days = 15 days = 20 days = 30 days = $10.00 $16.00 $22.00 $33.24 $33.25 Example Fees on $100
Federal Law • Payday lenders must disclose finance charges (fees) as • Annual Percentage Rates APRs
Shop Around • Compare Annual Percentage Rates • APRs
Typical Loan APRs • 10% to 18% • Banks, Savings & Loans, Credit Unions
Typical Loan APRs • 16 to 21% • Credit Card Cash Advances
4 days = 10 days = 15 days = 20 days = 30 days = 913% 584% 535% 607% 406% Payday Loans: Typical APRs
Table 1: Page 5 • Examples • Fee Amounts • APRs, & • Fee Rates per $100
Payday loan cannot exceed • 25% of monthly net income of borrower
Example 1 • $1,110 • x .25 • $ 275 limit on loan
Example 2 • $1,500 • x .25 • $ 375 but loan limit is $300
Borrower cannot • Have more than 2 loans outstanding at any one time with single payday lender
Limitation • Total of two loans with same lender can’t exceed $300 limit
Can loan be extended? NO • Lenders prohibited from refinancing a payday loan with proceeds of another payday loan to same borrower
What does lender require from borrower? • Photo ID • Checking Account • Payroll Stub • Physical Address
Two items • Pamphlet • Written Loan agreement
Pamphlet • Explains borrower’s rights & responsibilities for payday loan
Pamphlet • Telephone number for Montana Department of Commerce • 406-444-2091
Pamphlet • Informs borrower that MT Dept of Commerce provides info about lender’s license
What does lender have to provide to borrower? • Two items • Pamphlet • Written Loan agreement
Requirements • Written Loan agreement
Loan Agreement • Name, address & phone number of lender