In some states, there is no limit on the interest rate a payday store may charge a borrower. Rather, they are permitted to loan money directly to borrowers and charge any interest rate they wish.
In contrast, Georgia’s usury laws present a serious problem for the plaintiff payday stores. In Georgia, the maximum legal annual percentage rate (“APR”) for loans of $3,000 or less is 16%. See Ga.Code Ann. § 7-4-2(a) (2). 2 This means that a payday store is limited to the 16% APR provided under Georgia law if it attempts to loan money directly to its customers. However, under § 27(a) of the FDIA, a state-chartered bank is authorized to charge the rate of interest allowed under the laws of its charter state in any other state where it does business. Thus, an out-of-state bank is not limited by Georgia’s 16% cap.
Accordingly, the local payday stores in this case have entered into arrangements with out-of-state banks to serve as their agents in Georgia. By doing so, the payday stores are marketing and procuring the high-interest rate loans in Georgia allowed in the charter states of the out-of-state banks.
The typical scenario is that a borrower goes to a payday store in Georgia, receives a single loan payment of up to $500, and signs a promissory note or loan agreement identifying the out-of-state bank as the lender. At the time of receiving the loan proceeds, the borrower often gives the payday store a post-dated check for the loan repayment plus finance charge. The loan matures within four to forty-five days, usually on the borrower’s next payday. On that day, the borrower must repay the principal, plus a finance charge of 17% to 27% of the principal, depending on the term of the loan. When the finance charge is calculated as an APR, it far exceeds the maximum permitted under Georgia law. Continue reading “The payday stores operate not only in Georgia but in many states”