#3 Consumer Comment
AUTHOR: Elaine - Boise (U.S.A.)
SUBMITTED: Wednesday, July 18, 2007
POSTED: Wednesday, July 18, 2007
But we still don't know why Cash Call would be calling you out of the blue. DO you have a loan with them? Did you promise to pay via Electronic Funds Transfer? Did you pay them? If not, how were you planning on paying them off?
I think that IF you owe them money, you signed (probably electronically or you faxed papers to them) documents authorizing them to contact you in accordance with their rules and regulations.
Good luck, let us know what happens, if you get out of this debt to Cash Call, and if you get $1000.
#6 Consumer Suggestion
AUTHOR: Jd - US (U.S.A.)
SUBMITTED: Tuesday, June 10, 2008
POSTED: Tuesday, June 10, 2008
Do a search of the License Database here: http://extranet.dfi.in.gov/dfidb/nondep.aspx
State of Indiana Department of Financial Institutions, 30 South Meridian, Suite 300,
Indianapolis, IN 46220
2007 Legislative changes Page 1 of 3 6/15/07
June 15, 2007
Consumer Sales, Leases and Loans
2007 Legislative Amendments to the Indiana Uniform Consumer Credit Code
Effective July 1, 2007
Questions, Answers, and Administrative Interpretations
1. Do the provisions of the Indiana Uniform Consumer Credit Code (IUCCC) apply to
out-of-state or Internet consumer credit sellers, lessors and lenders who solicit consumer
loans, leases or loans with Indiana residents?
Answer – Yes, the territorial application section of the IUCCC has been amended to require
consumer credit sellers, lessors and lenders who are regularly engaged in the extension of
consumer credit to comply with the IUCCC if they solicit consumer sales, leases or loans with
Indiana residents. A solicitation to an Indiana resident can occur by any means including by
mail, brochure, telephone, print, radio, television, the Internet, or electronic means. In the case
of out-of-state or Internet consumer lenders, a license to make consumer loans in Indiana must be
obtained. [IC 24-4.5-1-201]
2. What remedy may be imposed if an out-of-state or Internet lender (with no Indiana
office) violates the IUCCC by failing to obtain a license to make consumer loans in
Indiana?
Answer – In addition to other remedies provided in the IUCCC, if an out-of-state or Internet
lender (with no office located in Indiana) fails to obtain a license to make consumer loans, the
loan is void and the debtor is not obligated to pay either the principal or loan finance charge. [IC
24-4.5-1-201(8)] This provision is consistent with the expansion of the territorial application to
require licenses for out-of-state and Internet lenders who are regularly engaged in soliciting loans
from Indiana residents. Under prior law applicable to out-of-state lenders, loans were void only
if the out-of-state lenders had offices or agents in Indiana. [IC 24-4.5-5-202(2)]
3. When are annual renewals for consumer loan licenses due?
Answer – Consumer loan licenses must be renewed by December 31 of each year beginning in
2007 [IC 24-4.5-6-202(2)].
4. Has the date for the annual notification for credit sellers and lessees also changed?
Answer – No, consumer credit sellers and lessors must still file their annual notification as of
January 31. [IC 24-4.5-6-202(2)]
State of Indiana Department of Financial Institutions, 30 South Meridian, Suite 300, Indianapolis, IN 46220
2007 Legislative changes Page 2 of 3 6/15/07
5. Have the additional charges permissible for consumer credit sales, leases or loans
changed?
Answer – Yes, the maximum amount of the NSF charge has been increased from $20 to $25.
With respect to revolving charge accounts, annual (but not periodic) participation fees may be
charged if they are reasonable in amount; bear a reasonable relationship to the creditor's costs to
maintain and monitor the charge account and are not assessed for the purpose of circumventing
the IUCCC as determined by the DFI. Also, a fee not to exceed twenty-five dollars ($25) may be
charged on a revolving loan account in each billing cycle during which the balance due under the
revolving loan account exceeds by more than one hundred dollars ($100) the maximum credit
limit for the account established by the lender.
6. When are creditors required to make refunds for credit insurance and Guaranteed
Auto Protection programs and what are the consequences of failing to make refunds on a
timely basis?
Answer – If a refund or credit for insurance or other additional charges is required under the
IUCCC, it must be paid within sixty (60) days after the date the debt is terminated whether due
to prepayment or otherwise. If the refund or credit is not made within the sixty (60) day period,
the creditor must pay the debtor for each day after the expiration of the sixty (60) day period an
amount equal to the daily interest at the contracted annual percentage rate on the amount of the
refund. Also, the director may impose an additional civil penalty of not greater than one
thousand dollars ($1,000) per occurrence if a creditor engages in a pattern or practice of failing
to comply with the refund requirements. [IC 24-4.5-4-108(5)]
7. What new requirements have been imposed if a consumer loan secured by a
mortgage on real estate is governed by the Alternative Mortgage Transaction Parity Act?
Answer – If a consumer loan secured by a second mortgage which has a balloon payment is
made under the authority of the Alternative Mortgage Transaction Parity Act (12 U.S.C. 3802 et
seq.), the note evidencing the mortgage must contain a reference to the applicable federal law.
[IC 24-4.5-3-402]
8. What is the Automated Central Licensing System and Repository and will Indiana
participate in it?
Answer – It is a nationwide licensing system for the residential mortgage industry being
developed by the Conference of State Bank Supervisors (CSBS) and the American Association
of Residential Mortgage Regulators (AARMR). The licensing system will be a web-based
system that will allow lenders and brokers to apply for, amend, update or renew a license using
uniform forms from participating state agencies. The system is scheduled to begin operation on
January 2, 2008. The Indiana General Assembly authorized the director of DFI to designate such
a licensing system for use in Indiana. No final decision has been made as to whether Indiana
will participate in this or any other licensing system. [IC 24-4.5-3-503(10) & (11)]
State of Indiana Department of Financial Institutions, 30 South Meridian, Suite 300, Indianapolis, IN 46220
2007 Legislative changes Page 3 of 3 6/15/07]
9. What changes have been made to the periodic reporting to the DFI by consumer
loan licensees and consumer credit sellers and lessors under the IUCCC?
Answer – The law now provides that every consumer loan licensee or consumer credit seller or
lessor must notify the DFI if it or any of its executive officers, key shareholders and other
owners, directors or other individuals who exercise supervisory responsibility are under
indictment for a felony involving fraud, deceit, or misrepresentation or have been convicted of or
pleaded guilty or nolo contendere to a felony involving fraud, deceit, or misrepresentation not
later than thirty (30) days after the date of the event. [IC 24-4.5-3-505(4) and 24-4.5-6-202]
10. What consequences may occur if consumer loan licensees and consumer credit
sellers and lessors fail to pay the costs of an investigation and/or examination conducted by
the DFI?
Answer – Any costs required to be paid in connection with an investigation or examination must
be paid not later than sixty (60) days after the person receives a notice from the DFI of the costs
being assessed. The DFI may impose a fee, in an amount fixed by the DFI, for each day that the
assessed costs are not paid, beginning on the first day after the sixty (60) day period. Examples
of the records which are subject to examination include training, operating, and policy manuals;
minutes of management and other meetings and other records that the DFI determines are
necessary to perform its investigation or examination. [IC 24-4.5-6-106]
11. What are the civil penalty provisions available to the DFI for violations of IUCCC?
Answer – If the DFI determines, after notice and opportunity for hearing, that a person has
violated the IUCCC, the DFI may, in addition to or instead of all other remedies available under
the IUCCC, impose upon the person a civil penalty not greater than ten thousand dollars
($10,000) per violation. [IC 24-4.5-6-113(3)]
#7 Ex-Employee
AUTHOR: Jimo - Costa Mesa (U.S.A.)
SUBMITTED: Monday, August 04, 2008
POSTED: Monday, August 04, 2008
Was this a loan that was given in the state of Indiana? If it was, then tru-u-u-u-u-u-u-u-u-u-u-st me, they have or had a license to do business in that state when the loan agreement was made. I knew the owner and despite whether you may like him or hate him, he is an extremely intelligent businessman!! Do you honestly think he would put his multi-million dollar empire at risk for a few loans in a state who's livestock population is greater per capita than its human population? I dont think so!
I find this site hilarious! If you researched deep enough I bet you could probably find people crying 'ripoff' on Mother Teresa in here somewhere. How about just taking some responsibility for yourself and your actions and read any legal agreements youre signing! I'm not just talking about CashCall either. If you are a consumer and you for WHATEVER reason, dont like what you've done on your own free will, you cry ripoff! Bankruptcy boom a few years ago....Credit card disputes are at an all time high.....identity fraud claims are at an all time high...while I'm sure there are many valid claims the majority of these are just people not accepting responsibility for what they've done! Oh well,...I guess some people will just never own up!
#8 Consumer Comment
AUTHOR: Jd - US (U.S.A.)
SUBMITTED: Tuesday, December 02, 2008
POSTED: Tuesday, December 02, 2008
STATE OF WEST VIRGINIA
OFFICE OF THE ATTORNEY GENERAL
DARRELL V. MCGRAW, JR.
CONSUMER PROTECTION DIVISION
1-800-368-8808 or 304-558-8986
Press Release
FOR IMMEDIATE RELEASE
Contact: Normal Googel
Phone: (800) 368-8808
Release Date: October 8, 2008
Attorney General McGraw Sues California-based Internet Lender for "Sham" to Avoid State Regulations In Predatory Loans
Attorney General Darrell McGraw saw the irony, but not the humor, in CashCall's national ads featuring one-time child star, Gary Coleman, of the popular television show, "Diff'rent Strokes," exclaiming enthusiastically, "I love you CashCall" and "CashCall you're awesome."
Today, McGraw's office sued the California-based Internet lender for pushing predatory loans with interest rates of up to 99% APR on West Virginia consumers least able to afford them. When consumers inevitably defaulted, CashCall unleashed a barrage of collection abuse and harassment, including threats to visit consumers at their place of employment and charge them fees for the trip according to numerous complaints filed with the Attorney General.
"CashCall created a business model intended to fly under the protective radar of West Virginia laws that set limits on interest rates to protect consumers from financial calamity. It is these kinds of unregulated lending practices that have brought West Virginia consumers and the nation to a financial precipice. Today, my office has drawn a line in the sand in an effort to fill the void left by lax or non-existent federal regulation to protect our consumers from financial predators," Attorney General McGraw said.
The complaint filed by McGraw's office today alleges that CashCall solicited consumers to take out high interest loans from Community State Bank, a state-chartered bank in Millbank, South Dakota. CashCall contends that because the bank is located in South Dakota, West Virginia's usury laws do not apply. Despite the paperwork listing the bank as the lender, CashCall does all the heavy lifting and, in fact, appears to assume the actual risk of the loans, which CashCall repurchases in full from the bank three days after the loans are funded.
In addition to asking the court to find that CashCall's loans are illegal and to provide all aggrieved consumers with restitution, the suit asks that CashCall comply with the Attorney General's investigative subpoena. In response to the Attorney General's investigation, CashCall asserted that its business practices are exclusively regulated by federal law. CashCall also argued that the Attorney General is prohibited from even investigating the facts underlying CashCall's assertion that it is beyond state regulation.
Any persons wishing to file a complaint about a consumer matter or to alert the Attorney General about unfair or deceptive practices may do so by calling the Consumer Protection Hot Line, 1-800-368-8808, or by obtaining a complaint form from the consumer web page at www.wvago.gov.