Payday Loans
Many consumers who need cash quickly turn to payday loans—short-term, high interest loans that are generally due on the consumer’s next payday after the loan is taken out. The annual percentage rate of these loans is usually very high—sometimes 390% or more. In recent years, the availability of payday loans via the internet has increased significantly. Unfortunately, some payday lending operations have employed deception and other illegal conduct to take advantage of financially distressed consumers seeking these loans.
The Federal Trade Commission (FTC) enforces a variety of laws to protect consumers in this area. The agency has filed many law enforcement actions against payday lenders for, among other things, engaging in deceptive or unfair advertising and billing practices in violation of Section 5 of the FTC Act; failing to comply with the disclosure requirements of the Truth In Lending Act; violating the Credit Practices Rule’s prohibition against wage assignment clauses in contracts; conditioning credit on the preauthorization of electronic fund transfers in violation of the Electronic Fund Transfer Act; and employing unfair, deceptive, and abusive debt collection practices.
The FTC has also filed recent actions against scammers that contact consumers in an attempt to collect fake or phantom payday loan debts that consumers do not owe. Further, the FTC has filed actions against companies that locate themselves on Native American reservations in an attempt to evade state and federal consumer protection laws.
Car Title Loans
A car title loan is also a loan made for a short period of time—often for only 30 days. To get a car title loan, you must give the lender the title to your vehicle. The lender gives you cash and keeps the title to your vehicle. When it is time to repay the loan, you must pay the lender the amount you borrowed, plus a substantial fee—25% of the amount you borrowed, for example.
If you borrow $1,000 for 30 days, and the lender’s fee is 25%, you must repay the lender $1,250 30 days later. And if you are not able to repay the money when it is due, the lender may take or seize your car and sell it to satisfy the loan. This can be devastating for someone who relies on their car to get to work or to the grocery store.
In Nebraska, payday loans are legal and regulated by the Nebraska Department of Banking and Finance. The state has specific statutes that govern the operation of payday lenders, known as the Nebraska Statutes Annotated §§ 45-901 through 45-930, also referred to as the Delayed Deposit Services Licensing Act. Under this Act, lenders are required to obtain a license to operate and are limited in the amount they can loan to a consumer ($500) and the duration of the loan term (no more than 34 days). The fees that can be charged are also regulated; for example, the maximum finance charge for a $100 payday loan for 14 days is $17.65, with an APR of 459%. Additionally, borrowers are limited to two outstanding loans at one time and are provided with a cooling-off period before they can take out another loan. Regarding car title loans, Nebraska law allows these types of loans but also regulates them, including a maximum loan term and fees that can be charged. The Nebraska Title Loan Act requires lenders to provide clear disclosures about the terms and costs of the loan. Borrowers who default on a car title loan do risk the repossession and sale of their vehicle by the lender. At the federal level, the FTC enforces various laws to protect consumers from deceptive and unfair practices by payday and car title lenders, including the Truth in Lending Act and the Electronic Fund Transfer Act. Consumers in Nebraska who believe they have been subjected to illegal lending practices can file complaints with the Nebraska Department of Banking and Finance or the FTC.
