Prior to 2009 regulation of consumer credit was primarily conducted by the states and territories. Some states such as New South Wales and Queensland legislated effective annual interest rate caps of 48%. In 2008 the Australian states and territories referred powers of consumer credit to the Commonwealth. In 2009 the National Consumer Credit Protection Act 2009 (Cth) was introduced, which initially treated payday lenders no differently from all other lenders. In 2013 Parliament tightened regulation on the payday lending further introducing the Consumer Credit and Corporations Legislation Amendment (Enhancements) Act 2012 (Cth) which imposed an effective APR cap of 48% for all consumer credit contracts (inclusive of all fees and charges). Payday lenders who provided a loan falling within the definition of a small amount credit contract (SACC), defined as a contract provided by a non authorised-deposit taking institution for less than $2,000 for a term between 16 days and 1 year, are permitted to charge a 20% establishment fee in addition to monthly (or part thereof) fee of 4% (effective 48% p.a.). Payday lenders who provide a loan falling within the definition of a medium amount credit contract (MACC), defined as a credit contract provided by a non-deposit taking institution for between $2,000–$5,000 may charge a $400 establishment fee in addition to the statutory interest rate cap of 48%. Payday lenders are still required to comply with Responsible lending obligations applying to all creditors. Unlike other jurisdictions Australian payday lenders providing SACC or MACC products are not required to display their fees as an effective annual interest rate percentage.
Though regulated at the state and federal level, there are still payday lenders that attempt to skirt the rules. Some are online-only lenders based in other countries. Other lenders work around state laws by operating out of Native American reservations. Be wary of brokers that offer to connect you with lending partners – this can result in a lot of calls and emails about offers.
First, make sure the lender is approved to loan money to borrowers in your state and complying with state regulations regarding payday loans. Also take a look at third-party customer reviews online to learn other people’s experiences with them. How easily can you contact them with questions, and can you find real information about their loans? This is also a good way to check their reputability.
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Note that accounts closed in good standing stay on your credit report for 10 more years, so it doesn’t affect your credit age in the near term. After 10 years, the closed account will only lower your average age if you close old accounts and keep newer ones around. If you close newer accounts and keep the old ones open, this may actually help improve your credit score.