Payday loans, also called "cash advance loans," "check advance loans," or "deferred deposit check loans," are a frequent pitfall for consumers. A fee anywhere from $15-$30 per $100 borrowed is charged for an average loan of $300. The borrower will give the lender a post-dated check, which the lender later uses to electronically transfer a payment or the entire balance of the loan from the borrowers account. If the payday loan is transacted on the Internet, the borrower gives the payday lender authorization to access the borrower's checking account via the ACH system.
I have no love for payday lenders in general, or banks offering Internet payday loans in particular.
However, your major thesis is First Bank of Delaware must be licensed in California to transact business with California residents. That is not true because the bank has no branches or agents in California, as far as I can tell by reading the bank's 2009 10-K. A state or federally chartered bank, thrift, savings association, industrial loan company or credit union is not subject to the California Deferred Deposit Transaction Law.
Your minor thesis is all California payday lenders must be licensed by the state. That may or may not be true, but it is irrelevant for First Bank of Delaware because it has no branches or agents in California, as far as I can tell, and is a Delaware-chartered bank.
Your conclusion — a loan contract with First Bank of Delaware is illegal and unenforceable in California because First Bank of Delaware is unlicensed in the state — is not supported by your arguments. I am unable to find any California court cases regarding First Bank of Delaware on this question. (Readers, please provide citations if you do.)
Bills.com provides Advice on Pay Day Loan Collections for people in California, Florida, Illinois, Massachusetts, Missouri, New York, Texas, and Virginia.
I hope this information helps you Find. Learn & Save.
Best,
Bill
North Las Vegas, NV | September 26, 2012
September 26, 2012
- Just because a screaming voice on the telephone claims you owe a debt does not make the statement a fact. Validate the debt before you pay the collection agent a dime.
- You mentioned you have no recollection of receiving a loan from First Bank of Delaware. You may be dealing with a fake debt collector.
- You also mentioned your ex-spouse using your Social Security number and name to open credit card accounts. What you described is identity theft. Consider placing freezes on your credit reports at Equifax, Experian, and TransUnion to prevent additional credit card or other accounts from being opened in your name in the future.
This may seem like a daunting list of things to read and accomplish. Take each one a step at a time.
Goose Creek, SC | December 13, 2011
December 14, 2011
Highland Park, CA | October 27, 2011
October 28, 2011
Sarasota, FL | November 07, 2011
November 07, 2011
At minimum, validate the debt.
Jacksonville, FL | August 24, 2011
Marathon, FL | May 15, 2011
May 15, 2011
I have two suggestions:
- Check with the Office of The Attorney General in your state, to see if there is an overall cap on interest that can be charged on a loan.
- It is not clear to me if you applied for your payday loan online. If you did, ask the Attorney General's office if online payday loans are legal in your state. They are not legal in all states.
You may find that you are being asked to pay for a debt that you are not required to pay.
Whitehall, OH | May 27, 2011
May 27, 2011
- Enter your data into the Bills.com Debt Coach for a personalized, interactive review of your debt resolution options. This will help you choose the debt resolution strategy that is right for your unique circumstances and goals.
- Complete the Bills.com Savings Center form to receive a no-cost, no-gimmick quote from a pre-screened debt resolution provider.
Let us know how you decide to resolve your debt issue.
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