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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? |
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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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