Consumer Credit Regulation: Va. Code Ann. §§ 6.2-1800 to 6.2-1829 Short-Term Loans
What types of lenders does it apply to (e.g., banks vs. non-banks)? Does not apply to depository institutions that do not elect to become licensed. § 6.2-1802.
What types of lenders does it apply to (e.g., banks vs. non-banks)? Does not apply to depository institutions that do not elect to become licensed. § 6.2-1802.
What types of lenders does it apply to (e.g., banks vs. non-banks)? Applies generally to consumer lending, but excludes:
What types of lenders does it apply to (e.g., banks vs. non-banks)? Act applies broadly to all creditors extending consumer credit including consumer loans, but, except for loan originator licensing, excludes:
What types of lenders it applies to (e.g., banks vs. non-banks): Applies generally to all creditors, except pawnbrokers and insurance agents or agencies that charge collection fees on unpaid balances for insurance premiums. In addition, provisions other than that § 5-19-1(1) (definition of “finance charge”) and § 5-19-3 (maximum finance charges), do not apply to:
What types of lenders it applies to (e.g., banks vs. non-banks): All lenders except:
What types of lenders it applies to (e.g., banks vs. non-banks): Primarily non-bank lenders making at least three consumer loans per calendar year to state residents. Specific exclusions:
What types of lenders it applies to (e.g., banks vs. non-banks): “Finance lender” includes any person engaged in the business of making consumer loans or making commercial loans, including a personal property broker. § 22009. “Finance lender” includes any person engaged in the business of making consumer loans as defined in § 22203 or making commercial loans of $5,000 or more. § 22009. Consumer loans also include commercial loans of less than $5,000 as defined by § 22204. The above statute does not apply to:
What types of lenders it applies to (e.g., banks vs. non-banks): All creditors extending consumer credit except loans to government, non-installment sales of insurance, certain transactions under public utility or common carrier tariffs, certain transactions with pawnbrokers, certain transactions involving securities and commodities accounts, and certain state-guaranteed loans. § 5-1-202. Some provisions apply just to “supervised lenders,” defined as depository institutions and licensed lenders, or to “supervised loans,” defined as those at more than 12%.
What types of lenders it applies to (e.g., banks vs. non-banks): All lenders, except that licensed pawnbrokers, licensed collection agencies, certain servicers, passive buyers of small loans, and retail sellers that finance purchases or their goods are exempt from licensing requirements, and banks and credit unions and their subsidiaries are entirely exempt. § 36a-557.
What types of lenders it applies to (e.g., banks vs. non-banks): Any lender except banks, savings banks, trust companies, building and loan associations, credit unions, or industrial loan and investment companies. A pawnbroker may not be licensed to transact business under the chapter. § 516.02(4).
Licensure requirements and implications of licensure: Must have license to engage in business of making “consumer finance loans,” defined as those of $25,000 or less for which lender charges interest greater than 18%. §§ 516.01(2), 516.02.
What types of lenders it applies to (e.g., banks vs. non-banks): Applies broadly to all creditors, except:
What types of lenders it applies to (e.g., banks vs. non-banks): Relevant provisions apply to consumer loans, broadly defined by § 9:3516(14). Law does not apply to:
What types of lenders it applies to (e.g., banks vs. non-banks): Applies to “consumer loans,” broadly defined by § 1-301(14). Does not apply to sale of insurance, provision of public utility services, rates and charges for credit unions and pawnbrokers that are set by other law, transactions in securities or commodities accounts, certain educational loans, certain transactions that are secured by first mortgages or that finance or refinance the acquisition or initial construction of real estate, and other transactions identified by rule. § 1-201.
What types of lenders it applies to (e.g., banks vs. non-banks): Applies to any “credit grantor,” defined to include, inter alia, any legal or commercial entity that is incorporated, chartered, or licensed pursuant to state or federal law, the lending operations of which are subject to supervision, examination, and regulation by a state or federal agency; any money transmitter licensed in Maryland; or any retailer. § 12-901(f)(1). “Loan” includes an advance made in accordance with the terms of a shared appreciation agreement.
What types of lenders it applies to (e.g., banks vs. non-banks): Law applies to any “financial institution,” defined as a bank, a bank and trust, a trust company with banking powers, a saving bank, a savings association, an industrial loan and thrift company organized under chapter 53, a regulated lender organized under chapter 56 (see next summary), or an operating subsidiary of any such institution. § 47.59 subdiv. 1(k).
What types of lenders it applies to (e.g., banks vs. non-banks): “Consumer short-term lender” means an individual or entity, other than a state or federally chartered bank, savings bank, or credit union, engaged in the business of making or arranging consumer short-term loans. § 47.601 subdiv. 1(d), (e) (subdivs. 1(e), (f) effective January 1, 2024).
What types of lenders it applies to (e.g., banks vs. non-banks): Lenders making loans under this statute are referred to as “regulated lenders.” The statute excludes banks, savings associations, trust companies, licensed pawnbrokers, and credit unions. § 56.002.
What types of lenders it applies to (e.g., banks vs. non-banks): Applicable broadly to loans that are not made under other Missouri laws. §§ 408.100, 408.190.
Licensure requirements and implications of licensure: Statute is silent. This is not a licensing statute.
Size and length of loans to which the statute applies, and any restrictions in the statute on these features: Statute excludes loans that are secured by a lien on real estate. § 408.100.
What types of lenders it applies to (e.g., banks vs. non-banks): Any person, other than a financial institution (defined by §§ 8-101.03 and 45-1002(1)(h)) as a bank, savings bank, building and loan association, savings and loan association, credit union, or similar organization covered by federal deposit insurance, or a trust company) is eligible for a license and to be allowed to make loans under the Installment Loan Act. § 45-1003.
What types of lenders it applies to (e.g., banks vs. non-banks): Effective January 1, 2018, the Act applies to lenders making loans of $5,000 or less by virtue of a revision to the definition of installment loan at § 5-15-2(F). The threshold amount was formerly $2,500. It will increase to $10,000 as of Jan. 1, 2023. Exempts banks, savings and loan associations, credit unions, and licensed pawnbrokers. § 58-15-3(A), (C).
What types of lenders it applies to (e.g., banks vs. non-banks): Does not apply to:
What types of lenders it applies to (e.g., banks vs. non-banks): Does not apply to:
What types of lenders it applies to (e.g., banks vs. non-banks): Does not apply to:
What types of lenders it applies to (e.g., banks vs. non-banks): Act prescribes maximum charges for all creditors, except lessors, but excludes:
What types of lenders it applies to (e.g., banks vs. non-banks): Applies to any lending institution or licensee under § 19-14-1 that offers or extends credit in the form of a credit card transaction. “Lending institution” is defined by § 19-9-1 as any regulated institution and any person that makes loans of money or negotiates the lending of money for another in any state or jurisdiction. § 19-14-1 provides for licensure of, inter alia, lenders making small loans, check cashers, debt-management service providers, and mortgage loan originators.