We asked a few legal and compliance experts to share their advice on how to make sure that the company you choose really has your best interest at heart.
Tips for selecting an internet lender:
- Many states have laws that restrict the amount of fees a licensed lender can charge. You can save money by selecting a licensed lender that is offering loans at the below-market-rate specified by state law. “Bargain” states that have statutory rates below typical unregulated internet rates include: AK, AL, AZ, CA, CO, HI, IN, KS, LA, MI, MS, NM (after 11/1/2007), ND, OH, OK, OR, WA and WY.
- Beware Lenders Not Residing in the USA! If a lender is located outside of the United States and does not have any licensing authority in any state, you may have difficulty in getting a fair resolution if there is a dispute. Licensed lenders are answerable to the states that license them and you have access to the court system in extreme cases of illegal behavior. You will not have these protections with an offshore lender as they are beyond the reach of the US judicial system and state regulators. NOTE: With the amount of personal information you are providing lenders, this should be something that is heavily considered. Look at the “Contact Us” section of a company’s web page and if they don’t offer a U.S. mailing address (or any address at all), they probably don’t want you to find them for a reason.
- Make sure your lender has the authority to make loans in the state where you reside. There are a variety of authorities for issuing short-term unsecured loans in the United States. Many states issue payday loan licenses, check cashing loan licenses, installment loan licenses or similar licenses. It is important to use a lender that has the applicable license because that means that you will have recourse in the event you are issued terms that violate state laws.
- Deal with lenders who are Community Financial Services Association (CFSA) members or a member of one of the state payday lending associations. The lender groups have internal consumer-friendly rules that govern the business practices of members.
- Look for lenders who are members of the Better Business Bureau (BBB) or other consumer groups. The BBB provides a forum for resolving customer disputes in a fair and impartial manner. If the lender wants to maintain membership, they must respond to a complaint.
- Look for the VeriSign Secured logo on the lenders website. This certification will tell you exact who you are dealing with and where they are located.
- Credit Services Organizations (CSO’s) are legal and or licensed in some states and specialize in finding lenders who will extend credit to those who have poor credit ratings or have difficulty in gaining access to credit.
- Several states do not require licenses for internet lenders that do not have offices within the state as long as the lender is licensed in the state they make the loan from. Just because a company is not licensed in your state does not mean that you will not have access to unsecured short-term credit.
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