Every state regulates payday loans differently. In some states, including Georgia, they are banned outright. In other states, interest rates are capped to such an extent that they are essentially banned. In total, 18 states ban payday loans. Other states, such as Oregon, have some restrictions in place, but payday lenders still operate in them. Payday loans come with few restrictions in 32 states. Any restrictions in these states tend to focus on the maximum number of loans someone can take out and not on rates.
Payday lenders have made effective use of the sovereign status of Native American reservations, often forming partnerships with members of a tribe to offer loans over the Internet which evade state law. However, the Federal Trade Commission has begun the aggressively monitor these lenders as well. While some tribal lenders are operated by Native Americans, there is also evidence many are simply a creation of so-called "rent-a-tribe" schemes, where a non-Native company sets up operations on tribal land.
The Consumer Service Alliance of Texas, which represents most payday lenders in the state, said it “has unfailingly supported efforts during this year’s legislative session to create a safety net for those borrowers who unfortunately fall chronically behind in their ability to repay their debts.” The group pledged to work with legislative leaders to “reach a consensus on a meaningful, effective solution.”
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