The Otoe-Missouria maintains it has a legal right to lend in states where payday lending is illegal because it follows federal and tribal laws. Payday lending isnt outright illegal in Virginia, but it is in other states. A total of 15 states and Washington, D.have enacted interest rate caps that effectively outlaw any kind of payday lending, whether its from storefronts quick loans national past winners online companies, according to the Center for Responsible Lending, a consumer advocacy group based in Durham, North Carolina.
Still, even in those states, consumers can access digital lenders. Many of these companies claim that because they operate online, state law doesnt apply to them. As with the tribal lands issue, this question is still open to debate. In that regard, the law is ambiguous, said Barden of the Online Lending Alliance. Most of the trade groups members dont loan in states that prohibit it, he said, but the Alliance doesnt take a position on whether or not the practice is illegal.
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