Is the “Dallas Payday Loan Ordinance” for real?
Wanted to get some dialogue going on the Dallas Payday Loan Ordinance, I have one client with stores in Dallas proper who I am looking at it with. Talked with some other folks who have a position within city limits and also talked to City of Dallas, have a call into some council members as well.
Here’s what I know:
Last year the City of Dallas passed an ordinance that attempts to regulate Payday Loan businesses. This was passed within a week of the Texas laws related to Credit Access Businesses, and at that time a trade group named CSAT which is comprised of several of the larger players in the market filed an injunction. I have not been updated on the injunction since last July. Dallas is moving forward and has licensed 20 businesses, another 18 are pending.
Some basics of the ordinance that supposedly went into effect on January 1:
-Get a permit, pay $50
-Cannot loan more than 20% of gross monthly income on Payday Loans
-Auto Title Loans cannot exceed 3% of gross annual income
-Installment programs no more than four payments, must paydown 25% of principle with each payment
-Refinances are limited to 3
-Loans made less than 7 days after a payoff are considered a refinance
-Max of $500 for violations
My opinion along with many others is that the Dallas City Council / City of Dallas is exceeding their jurisdiction when citing restrictions on the ways in which a business can offer its products or services. The OCCC has done an excellent job with implementing the new CAB program and they are well equipped to do so. Dallas, ahem, not so much.
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