Legal Status of Payday Lending by State

States regulate payday loans. In the past, states have set the payday loan rates at between 24 and 48 percent. In addition, many of the states have criminal laws on the books to prevent usurious rates so consumers can be protected from predatory loan practices.

The following states prohibit payday lending:

Arkansas

Connecticut

Georgia

Maryland

Massachusetts

New Jersey

New York

North Carolina

Pennsylvania

Vermont

West Virginia

The District of Columbia

The following states permit payday loans but at much lower rate than normally seen in payday lending and with more lender oversight:

Maine

New Hampshire

Ohio

Oregon

The following 30 states allow payday loans:

The chart below lists the state, fee and interest caps if any, APR and any loopholes based on a $250 loan.

The chart was compiled by the Consumer Federation of America (http://www.paydayloaninfo.org/legal.asp).

State Fee/interest cap

APR for $250

Loophole

Alabama 17.5% of loan 456%
Alaska $15 per $100 +$5 443%
Arizona 15% of check 460%
California 15% of check 460%
Colorado 20% 1st $300
7.5% >$300
521%
Delaware No Cap No Cap
Florida 10% of loan +
up to $5 verification fee
342%
Hawaii 15% of check 460%
Idaho No Cap No Cap
Illinois $15.50/$100 404% Loans over 120 days: No Cap
Indiana 15% 1st $250
13% $251 to $400
10% $401 – $550
391%
Iowa $15 1st $100
$10/$100 thereafter
358%
Kansas 15% of loan 391%
Kentucky 15% of check C460%
Louisiana 16.75% of check
Up to $45 + $5 doc fee
521%
Michigan 15% 1st $100
14% $101-$200, 13% $201-$300, 12% $301-$400, 11% $400-$600 + fee
375%
Minnesota 7% of loan +$5 fee 235% Industrial Loans: No Cap
Mississippi 18% of check 572%
Missouri Max 75% of loans 1,955%
Montana 25% of loan 652%
Nebraska $15 per $100 ck 460%
Nevada No Cap No Cap
New Mexico $15.50/$100 +
$0.50 per $100 fee
409% Installment Loans: No Cap
North Dakota 20% + fee 520%
Oklahoma $15/$100 1st $300
$10/$100 for $301-$500+fee
396%
Rhode Island 15% of loan 390%
South Carolina 15% of check 460%
South Dakota No Cap No Cap
Tennessee Lesser 15% of ck
Or $30 max.
313%
Texas $10 + 48% annually 156% Credit Services Org.: No Cap
Utah No Cap No Cap
Virginia 20% of loan +36%
Annual interest + $5
610% Open end line/No Cap
With car title as security
Washington 15% 1st $500,
10% if $500 to $700
390%
Wisconsin No Cap No Cap
Wyoming 20%/mon. or $30 fee 313%

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