SB 55 Amends laws relating to unsecured loans of $500 or less
Sponsor: Lamping
LR Number: 0330S.01I Fiscal Note available
Committee: Financial and Governmental Organizations and Elections
Last Action: 1/10/2013 - Second Read and Referred S Financial and Governmental Organizations and Elections Committee Journal Page: S68
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SB 55 - This act amends the law relating to unsecured loans of $500 or less.

Under current law, lenders may renew such loans upon the borrower's request. This act prohibits lenders from renewing such loans more than once. Lenders shall not make loans to consumers who have one outstanding or within one day of a borrower paying a previous loan.

Lenders shall make certain disclosures to consumers at loan signing, including the duration of the loan, amount and date of payments due, and amount of interest and fees to be charged through the duration of the loan.

Under current law, loans have a minimum term of 14 days and a maximum term of 31 days. Under the act, lenders shall give the borrower a minimum of 90 days for repayment and a payment shall be required every 15 days.

The lender's exclusive remedy against consumers who deliver checks that are not honored in relation to the loan shall be a breach of contract claim and lenders shall be barred from bringing a civil action for passing bad checks.

The Division of Finance is required to develop and administer a real-time statewide compliance system for payday lenders to record each payday loan transaction.

This act is similar to HB 1171 (2006), SB 975 (2006), SB 96 (2007),SB 744 (2008),HB 81 (2009), HB 150 (2009), SB 20 (2009), HB 1508 (2010), HB 2116 (2010), SB 593 (2010), SB 699 (2010), SB 811 (2010), SB 295 (2011), and SB 476 (2012).

CHRIS HOGERTY