Federal and state laws protect borrowers from predatory practices. If a lender violates these laws, you have the right to take action.
Truth in Lending Act (TILA): Requires lenders to clearly disclose the APR, finance charges, and payment terms before you sign. If a payday lender doesn't disclose the 391% APR prominently, they're violating TILA. You can sue for actual damages plus up to $5,000 in statutory damages.
Dodd-Frank Act (Consumer Financial Protection Bureau oversight): The CFPB regulates payday lenders. If a lender takes repeated payments from your bank account without authorization (common with payday loans), they're violating the Dodd-Frank Act. File a complaint at consumerfinance.gov.
Military Lending Act: If you're active military or a dependent, payday lenders cannot charge more than 36% APR. Many payday lenders violate this. If you're military and charged more, you can demand a refund.
State laws: 18 states have effectively banned payday lending. 12 more cap rates at 36% APR or lower. Check if your state restricts payday loans at ballotpedia.org.
Fair Debt Collection Practices Act (FDCPA): If a payday lender's collection agent calls you repeatedly, threatens you, or contacts you outside 8am-9pm your time zone, they're violating FDCPA. File a complaint with the CFPB or your state attorney general.
Telephone Consumer Protection Act (TCPA): Payday lenders cannot call your cell phone more than once per week or before 8am without your written permission. Violations carry $500-$1,500 per call in damages.
Credit Repair Organizations Act (CROA): Avoid any company promising to "fix" your credit in exchange for upfront fees. CROA bans upfront fees for credit repair. Legitimate credit counseling is free through nonprofits like the National Foundation for Credit Counseling (NFCC).
If a lender violates your rights:
1. Document everything: dates, times, names, what was said.
2. Send a written cease-and-desist letter via certified mail.
3. File a complaint with the CFPB at consumerfinance.gov/complaint.
4. Contact your state attorney general's office.
5. Consult a consumer protection attorney (many work on contingency, meaning no upfront cost).
You have legal power. Use it.