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Synopsis As Introduced Amends the Payday Loan Reform Act. Changes the definition of "payday loan" to include any loan with a finance charge exceeding an annual percentage rate of 36% (instead of with a finance charge exceeding an annual percentage rate of 36% and with a term that does not exceed 120 days). Provides that no lender may make a payday loan with periodic payments unless the periodic payments are substantially equal term payments and, if paid as scheduled, result in full payment of the principal and interest owed on the loan at the end of the loan term. Requires the licensee, as part of the information that he or she must collect and maintain, to include the total number of lawsuits filed by the licensee or its agent against consumers to collect on payday loans from consumers during the preceding calendar year. Prohibits a licensee or a person making payday loans from evading the requirements and prohibitions of the Act by use of a device or subterfuge including, but not limited to, (i) disguising a payday loan as a different type of transaction, or (ii) characterizing a required fee as a purchase of a good or service in connection with a payday loan. Authorizes the Department to develop rules to determine if any person or entity seeks to evade the applicability of this Act by any device, subterfuge, or pretense. Effective immediately.
Further amends the Payday Loan Reform Act. Removes language prohibiting a lender from making periodic payments unless the payments are substantially equal term payments, and, if paid as scheduled, result in full payment of the principal and interest owed on the loan at the end of the term. Restores language concerning the biennial report (instead of making it an annual report) containing a compilation of aggregate data concerning the payday loan industry.
House Committee Amendment No. 2 In the definition of "payday loan", provides that it is a loan with a finance charge exceeding an annual percentage rate of 75%, instead of 36%.
Allows a payday lender to charge a consumer a fee not to exceed $1.50 for the verification that the proposed loan agreement is permissible under the Act. Changes the effective date to January 1, 2008.
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