Category: California

15
Feb

California Consumer Finance License & California Deferred Deposit Transaction License

CFL Annual Reports for Calendar Year 2021 Due March 15


All DFPI California Financing Law (CFL) licensees are required to submit an annual report on or before March 15, 2022, even if the licensee had no business activity in the calendar year 2021. The Department strongly recommends licensees start gathering the data now to ensure they can timely file their 2021 Annual Report.


The CFL annual report is required pursuant to Financial Code section 22159(a). Failure to submit the annual report by the due date will result in penalties pursuant to the Financial Code section Financial Code section 22715(b).


The form and instructions for submitting the annual report are available on the DFPI’s website here. Annual reports must be submitted electronically through the DFPI portal account. To sign in to or register for a portal account, go to the DFPI’s website. If you have questions about your portal account, please contact the Account Administrator (Albert Mercado) at (213) 220-5140 or email Albert.Mercado@dfpi.ca.gov.


For questions about the content of the report or clarification on the instructions, please email CFL.Inquiries@dfpi.ca.gov or call (866) 275-2677.


CDDTL Annual Report and Industry Survey Due March 15


Payday Loans


All California Deferred Deposit Transaction Law (CDDTL) licensees must submit a 2020 Annual Report and Industry Survey to the DFPI by March 15.


The Annual Report and Industry Survey must be completed online through the DFPI self-service portal. To prepare and submit the required reports, all CDDTL licensees are required to have a registered DFPI portal account.


The Annual Report and Industry Survey are required by California Financial Code sections 23026 and 23015. If you have questions or need clarification on the instructions, please email RespondToCDDTL@dfpi.ca.gov.


How to Start or Improve a Consumer Loan Business: Storefront or Internet anywhere!

How to Start, Improve, Scale a B2C Consumer Loan Business. $237.00

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  • $237.00 How To Start a Consumer Loan Business:
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  • How to launch a consumer lending business
  • Payday Loans
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    Personal Loans
  • Signature Loans
  • Non-Secured Personal Loans
  • StoreFront Lending
  • Internet lending
  • Licensing? State/Province
  • What loan management software to use?
  • Capital required?
  • Profitability?
  • Collections? How to Collect Your $$
  • Borrower Underwriting? 3rd Party Credit Reporting agencies for the Sub-Prime
  • Store & Internet Lending tactics & strategies
  • Sample contracts, License apps…
  • Tribe Model: How to Partner with a Native American Indian Tribe
  • How to Deliver the $$ to Your Borrower [ACH, Debit, Cash, Checks…]
  • Texas & Ohio CSO/CAB model
  • Marketing, Branding, Advertising: How to Put Your $$ to Work
  • Leads: Buy $2 leads or $200 Leads?
  • Web Sites: Why You Need Them. How to Get One Built Inexpensively. Mobile-Friendly…
  • Site Selection: Where to Put Your Loan Store
  • Default Rates: How Many Borrowers Will Fail to Pay You
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04
Nov

California HB539 <36% APR Effective Jan. 1st, 2020

  • Do you hold a California CFL License?
  • Do you offer title loans?
  • Are you aware effective Jan 1st, your business will be destroyed?
  • I have an idea that could enable you to serve your customers, enable you to offer Calif. title loans after Jan. 1st and continue to achieve a superior ROI for your CFL business in California.
  • If this is your situation, reach out immediately to me: TrihouseConsulting@gmail.com PUT CALIFORNIA CFL in the SUBJECT.

PS: If you have no clue what I’m talking about: https://geni.us/HB539-California  READ MY POST ON LinkedIn

California Big Brother Crushed Consumers with <36% APR.

“The margin covers the cost of funds used to lend, the operational costs of lending, and the risks associated with it. In other words, Net Income = Interest Revenue – Interest Expenses – Net Non-Interest Expenses.”

Effective January 1st, 2020, the 55% of California residents who do not have access to $400 cash in an emergency are out of luck. No where to go. Their friends and family are in the same boat!

Join a church?

Get a 3rd gig job?

Rob my house and pawn my stuff?

I loan $100 and earn $3/month! Not a chance.

It is as simple as that. If you’re a California CFL lender looking for solutions, reach out to me. I have the blue pill

https://geni.us/UglySideInstallment

The Ugly Side of Lending: Online Installment Loans

Jer-Trihouse  TrihouseConsulting@gmail.com

PPS: Apologies for being silent for the past 6 weeks. Been in France…

Jer

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11
Jul

Calif. Assembly Bill 539 Update-Consumer Access to Small-Dollar Short Term Loans at Risk!

By Jer AylesCall Your California Senator TODAY or Your Customers Will Never Forgive You!

Consumer financial choices UNDER FIRE in California!

My state of California is on the verge of destroying the rights of consumers across the ‘”Golden State” to have access to credit based on their own needs, wants, and desires for solving their financial challenges!

As usual, our elected congressional representatives and the lobbyists who support this California Assembly Bill 539 think they know what’s best for ALL of us.

Lower loan rates, fewer fees, same-day money delivered to your bank account/card, Fintech, competition… are ALL contributing to the well-being of California consumers ALREADY. Don’t allow these elected representatives to STIFLE the reinvigoration of the “business of lending money to the masses.”

Consumers, lenders, vendors, suppliers, property owners, your local barista… will suffer if we do not raise our hand, call our Senator and express our distaste for their latest assault on our financial freedom and our disgust with the influence lobbyists exert on OUR REPRESENTATIVES!

Contact | U.S. Senator Kamala Harris of California

Contact – United States Senator for California – Senator Dianne Feinstein

[pdf-embedder url=”https://paydayloanindustryblog.com/wp-content/uploads/2019/07/1-Assembly-Bill-539-and-the-Future-of-Consumer-Loans-in-California.pdf” title=”1-Assembly Bill 539 and the Future of Consumer Loans in California”]

 

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11
Apr

California Payday Loan Law: Deferred Presentment-CDDTL California Deferred Deposit Transaction Law

CALIFORNIA PAYDAY LOAN LAWS – LEGISLATION FINANCIAL CODE – FIN

DIVISION 10. CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW [23000 – 23106]

  ( Division 10 added by Stats. 2002, Ch. 777, Sec. 10. )

CHAPTER 2. Deferred Deposit Transactions [23035 – 23038]

( Chapter 2 added by Stats. 2002, Ch. 777, Sec. 10. )

23035.

California Payday Loans  

(a) A California Payday Loans licensee may defer the deposit of a customer’s personal check for up to 31 days, pursuant to the provisions of this section. The face amount of the check shall not exceed three hundred dollars ($300). Each deferred deposit transaction shall be made pursuant to a written agreement as described in subdivision (e) that has been signed by the customer and by the licensee or an authorized representative of the licensee.

(b) A customer who enters into a California Payday Loans deferred deposit transaction and offers a personal check to a licensee pursuant to an agreement shall not be subject to any criminal penalty for the failure to comply with the terms of that agreement.

(c) Before entering into a deferred deposit transaction, licensees shall distribute to customers a notice that shall include, but not be limited to, the following:

(1) Information about charges for California Payday Loans deferred deposit transactions.

[How to Start a Payday Loan Business.”]

(2) That if the customer’s check is returned unpaid, the customer may be charged an additional fee of up to fifteen dollars ($15).

(3) That the customer cannot be prosecuted in a criminal action in conjunction with a deferred deposit transaction for a returned check or be threatened with prosecution.

(4) The department’s toll-free telephone number for receiving calls regarding customer complaints and concerns.

(5) That the California Payday Loans licensee may not accept any collateral in conjunction with a deferred deposit transaction.

(6) That the check is being negotiated as part of a deferred deposit transaction made pursuant to Section 23035 of the Financial Code and is not subject to the provisions of Section 1719 of the Civil Code. No customer may be required to pay treble damages if this check does not clear.

(d) The following notices shall be clearly and conspicuously posted in the unobstructed view of the public by all licensees in each location of a business providing California Payday Loans deferred deposit transactions in letters not less than one-half inch in height:

(1) The California Payday Loans licensee cannot use the criminal process against a consumer to collect any deferred deposit transaction.

(2) The schedule of all charges and fees to be charged on those deferred deposit transactions with an example of all charges and fees that would be charged on at least a one-hundred-dollar ($100) and a two-hundred-dollar ($200) deferred deposit transaction, payable in 14 days and 30 days, respectively, giving the corresponding annual percentage rate. The information may be provided in a chart as follows:

Amount
Provided
Fee Amount of Check 14-day APR 30-day APR
$100 XX XXX XXX XXX
$200 XX XXX XXX XXX

(e) An agreement to enter into a deferred deposit transaction shall be in writing and shall be provided by the licensee to the customer. The written agreement shall authorize the licensee to defer deposit of the personal check, shall be signed by the customer, and shall include all of the following:

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(1) A full disclosure of the total amount of any fees charged for the California Payday Loans deferred deposit transaction, expressed both in United States currency and as an APR as required under the Federal Truth In Lending Act and its regulations.

(2) A clear description of the customer’s payment obligations as required under the Federal Truth In Lending Act and its regulations.

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(3) The name, address, and telephone number of the California Payday Loans licensee.

(4) The customer’s name and address.

(5) The date to which deposit of check has been deferred (due date).

(6) The payment plan, or extension, if applicable as allowed under subdivision (c) of Section 23036.

(7) An itemization of the amount financed as required under the Federal Truth In Lending Act and its regulations.

(8) Disclosure of any returned check charges.

(9) That the customer cannot be prosecuted or threatened with prosecution to collect.

(10) That the California Payday Loans licensee cannot accept collateral in connection with the transaction.

(11) That the California Payday Loans licensee cannot make a deferred deposit transaction contingent on the purchase of another product or service.

(12) Signature space for the customer and signature of the licensee or authorized representative of the licensee and date of the transaction.

(13) Any other information that the commissioner shall deem necessary by regulation.

(f) The notice required by subdivision (c) shall be written and available in the same language principally used in any oral discussions or negotiations leading to execution of the deferred deposit agreement and shall be in at least 10-point type.

(g) The written agreement required by subdivision (e) shall be written in the same language principally used in any oral discussions or negotiations leading to execution of the deferred deposit agreement; shall not be vague, unclear, or misleading and shall be in at least 10-point type.

(h) Under no circumstances shall a California Payday Loans deferred deposit transaction agreement include any of the following:

(1) A hold harmless clause.

(2) A confession of judgment clause or power of attorney.

(3) Any assignment of or order for payment of wages or other compensation for services.

(4) Any acceleration provision.

(5) Any unconscionable provision.

(i) If the California Payday Loans licensee sells or otherwise transfers the debt at a later date, the licensee shall clearly disclose in a written agreement that any debt or checks held or transferred pursuant to a deferred deposit transaction made pursuant to Section 23035 are not subject to the provisions of Section 1719 of the Civil Code and that no customer may be required to pay treble damages if the check or checks are dishonored.

(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

23036.

(a) A fee for a California Payday Loans deferred deposit transaction shall not exceed 15 percent of the face amount of the check.

(b) A California Payday Loans licensee may allow an extension of time, or a payment plan, for repayment of an existing deferred deposit transaction but may not charge any additional fee or charge of any kind in conjunction with the extension or payment plan. A licensee that complies with the provisions of this subdivision shall not be deemed to be in violation of subdivision (g) of Section 23037.

(c) A California Payday Loans licensee shall not enter into an agreement for a deferred deposit transaction with a customer during the period of time that an earlier written agreement for a deferred deposit transaction for the same customer is in effect.

(d) A California Payday Loans licensee who enters into a deferred deposit transaction agreement, or any assignee of that licensee, shall not be entitled to recover damages for that transaction in any action brought pursuant to, or governed by, Section 1719 of the Civil Code.

(e) A fee not to exceed fifteen dollars ($15) may be charged for the return of a dishonored check by a depositary institution in a deferred deposit transaction. A single fee charged pursuant to this subdivision is the exclusive charge for a dishonored check. No fee may be added for late payment.

(f) No amount in excess of the amounts authorized by this section shall be directly or indirectly charged by a licensee pursuant to a deferred deposit transaction.

(g) A licensee shall be subject to the provisions of Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code.

(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

23037.

In no case shall a California Payday Loans licensee do any of the following:

(a) Accept or use the same check for a subsequent transaction, or permit a customer to pay off all or a portion of one deferred deposit transaction with the proceeds of another.

(b) Accept any collateral for a deferred deposit transaction.

(c) Make any deferred deposit transaction contingent on the purchase of insurance or any other goods or services.

(d) Enter into a deferred deposit transaction with a person lacking the capacity to contract.

(e) Alter the date or any other information on a check.

(f) Engage in any unfair, unlawful, or deceptive conduct, or make any statement that is likely to mislead in connection with the business of deferred deposit transactions.

(g) Accept more than one check for a single deferred deposit transaction.

(h) Take any check, instrument, or form in which blanks are left to be filled in after execution.

(i) Offer, arrange, act as an agent for, or assist a deferred deposit originator in any way in the making of a deferred deposit transaction unless the deferred deposit originator complies with all applicable federal and state laws and regulations, including the provisions of this division.

(1) The prohibition specified in this subdivision does not apply to the arranger, agent, or assistant to a state or federally chartered bank, thrift, savings association, or industrial loan company where the state or federally chartered bank, thrift, savings association, or industrial loan company satisfies all of the following:

(A)  It initially advances the loan proceeds to the customer.

(B) It does not sell, assign, or transfer a preponderant economic interest in the deferred deposit transaction to the arranger, agent, or assistant, or an affiliate or subsidiary of the state or federally chartered bank, thrift, savings association, or industrial loan company, unless selling, assigning, or transferring a preponderant economic interest is expressly permitted by the primary regulator of the state or federally chartered bank, thrift, savings association, or industrial loan company.

(C) It develops the deferred deposit transaction product or products on its own.

(2) If a licensee offers, arranges, acts as an agent for, or assists a state or federally chartered bank, thrift, savings association, or industrial loan company in any way in the making of a deferred deposit transaction and the state or federally chartered bank, thrift, savings association, or industrial loan company meets the standards set forth in paragraph (1), the licensee shall comply with all other provisions in this division to the extent they are not preempted by other state and federal laws.

(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

23038.

(a) Any person who violates any provision of Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law 112-239), or any provision of Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as published on July 22, 2015, on page 43560 in Number 140 of Volume 80 of the Federal Register, violates this division.

(b) A person that does not market deferred deposit transactions to, or does not enter into those transactions with, covered borrowers, as that term is defined under Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described in subdivision (a), shall not be in violation of Section 394 of the Military and Veterans Code.

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(Amended by Stats. 2017, Ch. 514, Sec. 4. (SB 266) Effective January 1, 2018.)

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