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HI SB2679

Bill

Status

Engrossed

3/8/2016

Primary Sponsor

Rosalyn Baker

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Caps annual percentage rate on deferred deposit (payday) loans at 36% maximum, replacing the previous 15% fee structure that could reach 459% APR.

  • Grants customers the right to rescind a deferred deposit by returning the principal within one business day with no penalty and requires return of postdated checks held as collateral.

  • Permits customers unable to repay to convert deferred deposits into loan installment plans with equal payments not exceeding 5% of monthly gross income and terms of 90-180 days (maximum 6 months).

  • Requires written agreements disclosing principal amount, APR, total fees in dollars and APR percentage, payment schedules, and notices of rescission and installment plan rights.

  • Prohibits harmful collection practices including threatening criminal prosecution, threatening unauthorized legal action, visiting residences or workplaces uninvited, impersonating law enforcement, and harassing communications (limited to 3 contacts per week, no calls between 9 p.m. and 7:30 a.m.).

  • Permits penalty-free prepayment of deferred deposits and installment plans with prorated refunds of unearned fees.

Legislative Description

Check Cashing; Deferred Deposit Agreements; Fees; Annual Percentage Rate; Right to Rescind; Loan Installment Plan; Collection Practices

Last Action

Re-referred to FIN, referral sheet 36

3/23/2016

Committee Referrals

Finance3/23/2016
Consumer Protection & Commerce3/10/2016
Commerce, Consumer Protection, and Health1/27/2016

Full Bill Text

No bill text available