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In that regard, the law is ambiguous, said Barden of the Online Lending American cash advance montgomery alabama. 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. Though no federal law prohibits payday lending, some restrictions do exist.
The Electronic Fund Transfer Act, for example, prohibits lenders from only allowing consumers to repay loans through recurring electronic payments -- something that payday lenders do regularly, consumer advocates say. Additionally, guidance issued by the Federal Deposit Insurance Corporation in 2005 says that payday loans should not be made to anyone who has already been in debt from a payday loan for three months or more of the previous year.
But the agencys guidelines don't have the effect of law and only apply to FDIC-supervised banks. As with any online transaction, consumers should do their homework to make sure the lender is reputable, Barden said, adding that a few idiot lenders are giving a bad name to the industry.
For Taylor, the field service technician in Virginia who now owes about 20,000 to online payday lenders, there has been some relief. Last month, acting on advice from Speer, the executive director of the Virginia Poverty Law Center, Taylor asked his bank to american cash advance montgomery alabama allowing the lenders to make withdrawals from his checking account. Perhaps predictably, the companies that lent him the money arent happy.
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