Current State Laws - Last Update:  Oct. 27, 2005


The following states do not have specific payday lending legislation or require lenders to comply with interest rate caps on consumer loans:  Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Texas, Vermont and West Virginia.

State: Statutory Citation: Maximum Loan Amount: Finance Charges:
Alabama 2003 H.B. 178
5-18A-1 et seq.
$500

May not to exceed 17.5 percent of the amount advanced.

Alaska 06.50.010 et seq. $500  
Arizona 6-1251 et seq.

May accept a check with a face amount of at least $50 but not more than $500.

A licensee shall not directly or indirectly charge any fee or other consideration for accepting a check for deferred presentment or deposit that is more than 15 per cent of the face amount of the check for any initial transaction or any extension.

Arkansas 23-52-101 et seq. $400

A fee not in excess of 10 percent of the face amount of any personal check or money order and, an additional fee not to exceed $10.

California

Civil Code 1789.30 et seq.

Financial Code 23000 et seq.
Operative 12/31/04

$300

A fee for a deferred deposit transaction shall not exceed 15 percent of the face amount of the check.

Colorado 5-3.1-101 et seq.

A lender shall not lend an amount greater than $500 nor shall the amount financed exceed $500 at any time to a consumer.

No instrument held as a result of a deferred deposit loan shall exceed $575. May not exceed 20 percent of the first $300 loaned plus seven and one-half percent of any amount loaned in excess of $300.

Delaware 

5 Del. C. §978
5 Del. C. §2235A

$500   
District of Columbia 26-301 et seq.

The minimum face amount of a check held for deferred deposit must amount to no less than $50. The aggregate face amount of checks being held for deferred deposit must not exceed $1,000 per customer.

May charge an additional fee for verification, handling, and documentation processing totaling no more than $5 on a personal check with a face amount of up to $250; no more than $10 on a personal check with a face amount of $250.01 to $500; no more than $15 on a personal check with a face amount of $500.01 to $750; and no more than $20 on a personal check with a face amount of $750.01 to $1,000.

Florida 560.401 et seq. $500 exclusive of the fees

No deferred presentment provider or its affiliate shall charge fees in excess of 10 percent of the currency or payment instrument provided. However, a verification fee may be charged.

Georgia 16-7-1 et seq.    
Hawaii 480F-1 et seq. $600

A check casher may charge a fee for deferred deposit of a personal check in an amount not to exceed 15 percent of the face amount of the check.

Idaho 28-46-401 et seq. $1000 None
Illinois  2005 Public Act 94-0013 

$1,000 or 25 percent of the consumer's gross monthly income, whichever is less

No lender may charge more than $15.50 per $100 loaned on any payday loan over the term of the loan. 

Indiana 25-4.5-7-101 et seq.

At least $50 and not more than $500

Finance charges on the first $250 of a small loan are limited to 15 percent of the principal. Finance charges on the amount of a small loan greater than $250 and less than or equal to $400 are limited to 13 percent of the amount over $250 and less than $400.  Finance charges on the amount of the small loan greater than $400 and less than or equal to $500 are limited to 10 percent of the amount over $400 and less than $500.

Iowa 533D.1 et seq.

A licensee shall not hold from any one maker a check or checks in an aggregate face amount of more than $500 at any one time.

A licensee shall not charge a fee in excess of $15 on the first $100 on the face amount of a check or more than $10 on subsequent $100 increments on the face amount of the check for services provided by the licensee, or pro rata for any portion of $100 face value.

Kansas 16a-2-404 Cash advance is equal to or less than $860

(i) On any amount up to and including $50, a charge of $5.50 may be added; (ii) on amounts in excess of $50, but not more than $100, a charge may be added equal to 10 percent of the loan proceeds plus a $5 administrative fee; (iii) on amounts in excess of $100, but not more than $250 a charge may be added equal to seven percent of the loan proceeds with a minimum of $10 plus a $5 administrative fee; (iv) for amounts in excess of $250 and not greater than the maximum defined in this section, a charge may be added equal to six percent of the loan proceeds with a minimum of $17.50 plus a $5 administrative fee. The contract rate of any loan made under this section shall not be more than three percent per month of the loan proceeds after the maturity date.

Kentucky 368.010 et seq. $500

A licensee shall not charge a service fee in excess of $15 per $100 on the face amount of the deferred deposit check. A licensee shall prorate any fee, based upon the maximum fee of $15.

Louisiana RS 9:3578:1 et seq. $350

A licensee may charge a fee not to exceed 16 and 75/100 percent of the face amount of the check issued.

Minnesota 47.60 $350

(i) On any amount up to and including $50, a charge of $5.50 may be added; (ii) on amounts in excess of $50, but not more than $100, a charge may be added equal to ten percent of the loan proceeds plus a $5 administrative fee; (iii) on amounts in excess of $100, but not more than $250, a charge may be added equal to seven percent of the loan proceeds with a minimum of $10 plus a $5 administrative fee; (iv) for amounts in excess of $250 and not greater than $350, a charge may be added equal to six percent of the loan proceeds with a minimum of $17.50 plus a $5 administrative fee. After maturity, the contract rate must not exceed 2.75 percent per month of the remaining loan proceeds after the maturity date calculated at a rate of 1/30 of the monthly rate in the contract for each calendar day the balance is outstanding.

Mississippi 75-67-507 et seq. $400

A licensee shall not directly or indirectly charge any fee or other consideration for cashing a delayed deposit check in excess of 18 percent of the face amount of the check.

Missouri 408.500 to 408.506 $500 or less

Any person, firm, or corporation may charge, contract for and receive interest on the unpaid principal balance at rates agreed to by the parties. No borrower shall be required to pay a total amount of accumulated interest and fees in excess of 75 percent of the initial loan amount on any single loan.

Montana 31-1-701 et seq.

The minimum amount of a deferred deposit loan is $50 and the amount, exclusive of fees allowed, may not exceed $300.

A licensee may not charge a fee for each deferred deposit loan entered into with a consumer that exceeds 25 percent of the principal amount of the deferred deposit loan that is advanced or, in the case of an electronic transaction, 25 percent of the principal amount of the deferred deposit loan.

Nebraska 45-901 et seq.

No licensee shall at any one time hold from any one maker a check or checks in an aggregate face amount of more than $500.

No licensee shall charge as a fee a total amount in excess of $15 per $100 or pro rata for any part thereof on the face amount of a check for services provided by licensee.

Nevada 2005 Act 414
604.010 et seq.

A licensee shall not make a deferred deposit loan that exceeds 25 percent of the expected gross monthly income of the customer when the loan is made.

New Hampshire 399A:1 et seq. $500

Payday loans shall incur interest only. No other charges or fees shall apply to or be collected on payday loans.

New Mexico 58-15-1 et seq. None None
North Dakota 13-08-01 et seq. $500

A licensee may charge a fee for the deferred presentment service, not to exceed 20 percent of the amount paid to the customer by the licensee. This fee may not be deemed interest for any purpose of law.

Ohio 1315.35 et seq. $500

A check-cashing business may contract for and receive interest at a rate of five percent per month or fraction of a month on the unpaid principal. Loan origination fees not exceeding an amount equal to five dollars per $50 of the amount of the loan.

Oklahoma 59-3101 et seq. $500 exclusive of the finance charge

A deferred deposit lender may charge a finance charge for each deferred deposit loan that does not exceed $15 for every $100 advanced up to the first 300 of the amount advanced; for the advance amounts in excess of $300, the lender may charge an additional finance charge of $10 for every $100 advanced in excess of $300.

Rhode Island 2005 Chapters 230 and 235
19-14.1-1 et seq.
19-14.4-1 et seq.
$500

A licensee may not charge in excess of 15 percent of the face amount of the funds advanced.

South Carolina 34-39-110 et seq. $300 exclusive of fees

A licensee shall not charge, directly or indirectly, a fee or other consideration in excess of 15 percent of the face amount of the check.

South Dakota 54-4-36 et seq. $500 None
Tennessee 45-17-101 et seq. None None
Utah 7-23-101 et seq. None None
Virginia 6.1-444 et seq. $500

A licensee may charge, as a fee for each loan, an amount not to exceed 15 percent of the amount of the loan proceeds advanced to the borrower.

Washington 31.45.010 et seq. None

A licensee may charge interest or fees for small loans not to exceed in the aggregate 15 percent of the first $500 of principal. If the principal exceeds $500, a licensee may charge interest or fees not to exceed in the aggregate 10 percent of that portion of the principal in excess of $500.

Wisconsin 138.09 None None
Wyoming 40-14-362 et seq. None

No post-dated check finance charge shall exceed the greater of $30 or 20 percent per month on the principal balance of the post-dated check or similar arrangement.