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Consumer Credit Regulation: Or. Rev. Stat. §§ 725.010 to 725.910 (Consumer Finance Act).

What types of lenders does it apply to (e.g., banks vs. non-banks)? Applies to any person making “consumer finance loans,” defined as secured or unsecured loans or lines of credit that have periodic payments and terms longer than sixty days. §§ 725.010, 725.045. However, the Act does not apply to loans of $50,000 or less (including business and agricultural loans) if interest rate does not exceed the greater of 12%, or 5% in excess of the discount rate. § 725.045 (cross-referencing §§ 82.010, 82.025).

Consumer Credit Regulation: 7 Pa. Stat. Ann. §§ 6201 to 6219 (West) (Consumer Discount Company Act).

What types of lenders does it apply to (e.g., banks vs. non-banks)? Does not apply to banking institutions, building and loan associations, credit unions, or entities licensed by the state Secretary of Banking under any other statute; installment sales or lease-purchases of personal property; or non-profit membership organizations that finance physicians’, surgeons’, or dentists’ obligations. § 6217.

Consumer Credit Regulation: R.I. Gen. Laws §§ 19-14-1 to 19-14-7 (licensure provisions), §§ 19-14.2-1 to 19-14.2-16 (Small Loan Lenders Act).

What types of lenders does it apply to (e.g., banks vs. non-banks)? Chapter 14, which includes primarily the licensing provisions, is inapplicable to a variety of types of business loans; certain loans made by life insurance companies; certain educational loans; the purchase of retail or loan installment contracts from a federal bank receiver or liquidator; credit sales; municipal, state, or federal agencies that make loans; and the negative equity portion of vehicle financing.

Consumer Credit Regulation: S.C. Code Ann. §§ 34-29-10 to 34-29-260 (Consumer Finance Law).

What types of lenders does it apply to (e.g., banks vs. non-banks)? Consumer finance companies (also referred to as restricted lenders), defined as all persons conducting the business of making advances of cash in amounts of $75,000 or less. §§ 34-29-10, 37-3-501(3). Excludes banks, savings and loan associations, savings banks, trust companies, insurance companies, credit unions, licensed pawnbrokers, and loans made to corporations. § 34-29-20(b).

Consumer Credit Regulation: Cal. Fin. Code §§ 22000 to 22780 (West) (Financing Law).

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:

Consumer Credit Regulation: Colo. Rev. Stat. §§ 5-1-101 to 5-13-103 (Consumer Credit Code).

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%.

Consumer Credit Regulation: Conn. Gen. Stat. §§ 36a-555 to 36a-573 (Small Loan Law). See also Conn. Agencies Regs. §§ 36a-570-1 to 36a-570-17.

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.

Consumer Credit Regulation: Fla. Stat. §§ 516.001 to 516.36 (Consumer Finance Act).

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.

Consumer Credit Regulation: Me. Stat. tit. 9-A, §§ 2-101 to 6-113 (Consumer Credit Code).

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.

Consumer Credit Regulation: Md. Code Ann., Com. Law §§ 12-901 to 12-925 (West) (Credit Grantor Revolving Credit Provisions).

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.

Consumer Credit Regulation: Minn. Stat. § 47.59 (Financial Institution Credit Extension Maximum Rates).

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).

Consumer Credit Regulation: Minn. Stat. § 47.601 (Consumer Short-Term Loans).

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).