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Q: Pay Day or Cash Advance Lending in Ohio ( Answered,   0 Comments )
Question  
Subject: Pay Day or Cash Advance Lending in Ohio
Category: Business and Money
Asked by: duchessmary-ga
List Price: $75.00
Posted: 03 Mar 2006 08:26 PST
Expires: 02 Apr 2006 09:26 PDT
Question ID: 703235
In Ohio, "rollover" cash advances, or payday loans, as they are also
called are not permitted. The law states as a prohibition (ORC
1315.41)to "make a loan to a borrower if there exists an outstanding
loan between the check-cashing business and that borrower". My
question is this: If the borrower pays off the loan on a Wednesday and
returns the next day, Thursday, and borrows again, has sufficient time
elapsed for the loan to be legal under Ohio law?
Answer  
Subject: Re: Pay Day or Cash Advance Lending in Ohio
Answered By: hummer-ga on 03 Mar 2006 13:41 PST
 
Hi duchessmary,

It is always so much easier to find something that exists rather than
something that doesn't exist.  I have searched the Ohio Legislative
Code for hours looking for some evidence of a waiting period between
loans in Ohio and I just can't find one.

CHAPTER 1315 TRANSMITTERS OF MONEY; CHECK-CASHING BUSINESSES
CHAPTER 1321 SMALL LOANS
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=OAC

Sec. 1315.39.  (A) A check-cashing business licensed under sections
1315.35 to 1315.44 of the Revised Code may engage in the business of
making loans provided that each loan meets all of the following
conditions:
http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_401


Following is the only mention that I found of any kind of waiting
period between loans (see # 6):

Paycheck Loan Various State Legislation
Ohio SUMMARY
1. Effective Rate: $15.00 per $100.00
2. Maximum Contract: $500.00
3. Min/Max Duration: 1 Day to 6 Months
4. Only 1 loan at a time to a customer
5. No Rollover allowed
6. Must wait 1 business day to make a new loan after payoff (Cool Off Period)
7. Full Truth in Lending Disclosure required
8. NSF Fee = $20.00 plus Bank Charge, Maximum $25.00
9. No Additional Late Fees or Interest
10. Must have a license as a Check Casher and have a minimum $100,000 net worth.
OH - This links directly to the Ohio Legislative search page. Search
on Revised Code 1321!
http://www.payday-loan-industry.com/usa-legislation.html

No mention here either:

Office of Consumer Affairs
https://www.com.state.oh.us/dfi/pub/OCA%20Payday%20Loan.pdf

Some other websites I looked at:

Number of Rollovers and Loans Permitted
http://www.consumerlaw.org/action_agenda/payday_loans/content/PaydayLoanStatsbyState2005.pdf

State comparison chart
http://www.bankrate.com/brm/news/debt/debtcreditguide/payday-chart1.asp

Ohio Legal Services:  Consumer Rights : Payday Lenders  
http://www.ohiolegalservices.org/OSLSA/PublicWeb/Library/Index/1090000/1090001/index_html#1090001

Judging from what I've seen, I would say that you should be able to
get another loan the next day (because it won't be used for paying off
your old loan which is what a "rollover" is).   If you have any
questions, please post a clarification request and wait for me to
respond before closing/rating my answer. One last thing you could do
is to call the Ohio Department of Commerce Division of Financial
Institutions Office of Consumer Affairs (1-800-750-0750), they should
be able to answer all of your questions.  Now I must go rest my poor
eyes... :)

Thank you,
hummer

I spent most of my time searching the Ohio legislation.  
Some Google search terms that I used: ohio payday loans "waiting
period" "cool off period" "cooling off period" "1 day" "24 hours" "1
business day" renew
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