Category: Nevada

  • Confused in Nevada

    Handy Cash, of Nevada, filed for bankruptcy after the state dropped a $160k fine and under the stress of a class action lawsuit.

    I’m getting some conflicting information in Nevada. One source tells me the rates are capped at 40% interest. If you go to CashNetUSA, they charge $25 per $100 loaned and you can renew up to 3 times. I don’t see it as a tough law to follow.

    Here’s what I don’t get: “The newer rules also were supported by the Community Financial Services Association, said the organization’s Nevada Team leader, Mark Thomson.” The law can’t be that bad in Nevada.

    You can read the full article here. If anyone knows the scoop, let me know.

  • Nevada Intenet Lenders Under Fire

    Internet payday lenders received a setback recently. The FTC and the state are seeking to permanently bar 7 US companies (and 4 other British companies were named in the order) from “future violations”, whatever that means; and return any money made while allegedly using illegal collection tactics. Sound pretty vague, if you ask me.

    Last November, I published a post title Nevada trying to cut down on Internet payday loans. Apparently, the commissioner of the Department of Regulation in Nevada did not want to deal with out of state claims, made about Internet lenders operating in Nevada. It looks like someone paid attention.

    Among other things, the internet lenders are being accused of:

    “Violating the law by using unfair and deceptive collection tactics, including falsely threatening consumers with arrest or imprisonment, falsely claiming that consumers are legally obligated to pay the debts, threatening to take legal action they cannot take, repeatedly calling consumers at work and using abusive and profane language; and disclosing consumers’ purported debts to co-workers, employers and other third parties. They also allegedly violated the U.S. Truth in Lending Act and federal Regulation Z by failing to make required written disclosures about key terms including the amount financed, itemization of the amount financed, the finance charge, the annual percentage rate, the payment schedule, the total number of payments and any late payment fees.”

    Personally, I’m a little surprised that this has reached the federal level. It seems that Internet Lenders based in the US are being targeted by the state and federal authorities. Just last we, a lender settled with the state of Wisconsin in a post titled Internet Lender hit with $60k class action suit.

    Attorney’s for the 7 lenders are working to resolve the complaint. They plan on filing a response to the complaint by March 1st.

    One thing for sure is that they’re not stopping just at the lenders. They’ve got their sights on the lead generators also.

  • Nevada trying to cut down on Internet payday loans

    George Burns, Commissioner of the Financial Institutions Division, wants Nevada to stop Nevada licensees from giving loans to borrowers in other states.

    He doesn’t have a problem if you are licensed in that “other” state.

    Mr. Burns may have a legitimate beef, but it’s probably misdirected. His department has to deal with these complaints. He would rather a Missouri borrower deal with the Missouri Regulation body.

    The main issue I have here is that you inevitably start discriminating against lenders who are trying to play by the rules. The lenders that are giving the state of Nevada problems will find some other way to do so, directly or indirectly.