Cash CallC I took out a loan with them about six months ago and they took the payment out of my checking account the 1st of each month. Around November 20th I instructed them they no longer had permission to deduct from my checking account. Fountain Valley California

i had same experience with cash call. i paid them over 3500 for a 2600 loan and stopped paying because i realized the loan was illegal. they took me to court and the Judge ordered them to refund me $921 and it was the happiest day of my life. they wasted their money taking me to court. i also reported them to the AG of my state, BBB and ripoffreport.
i was also able to get them of my credit report with the court papers.

native american or not, means NOTHING because the already broke the rules by advertising to the general  public and giving out loans without being liscensed. if you give out consumer loans as a native american business and charged more than 12% in interest rate, you are automatically required to be liscensed in the USA territory, but the problem is they can not get the liscense because their high interest loans are illegal in the USA and this is why the loans are immediately transferred to cash call, which happens to be liscensed mortgage company and hidding under the umbrella of "SERVICING" the loan.

YES, cash call can be sued. just call the FTC, OFR or your state Attorney General. You can file small claims for defamation if they affected your credit report or hire an attorney who is experienced in civil rights violations and usury.

I just spent an hour of my time reading these claims. Some of the dates are pretty old, but some of the situations still apply. I am also a customer of Cash Call, not a happy one, but a user of their product. No, I do not think that the interest is fair. Just like not everyone has perfect credit or a perfect job or the perfect income and not everyone's situation is the same. But I do need to point out a few things.

1. Cash Call has taken money out of my account without my permission. They have even taken it out before the payment was due.

2 Cash Call does have a habit of calling constantly and this is extremely annoying, especially since their number normally comes up as a "private number" or "private party" or better yes about 5 million different combinations of other "toll free" numbers.

3. There are those of us who have tried to work with Cash Call to resolve issues, like payment due dates and things like that. Some of us only have the luxury of living from paycheck to paycheck, if that. So, often, we have to juggle our budgets around. Cash Call is extremely inflexible when it comes to making payment arrangements. They only have so many set days when they can take the payments out of your account, etc..., and there is always a "convenience" charge if you try to pay it electronically.

To all those people who have read not only the original complaint, but also commented, I have this to say to them:

This person is not a DEADBEAT!!! How dare you accuse them of not paying their bill. Do you have proof? Are you even aware of their situation or why they felt they had to take out their loan? Has our society become so jaded and negative that "deadbeat" thing that comes to mind? Like them, I was in an extremely difficult situation. My wife just died. I had to relocate to another state where I was closer to family to raise my children. And moving costs are extremely high. Not only that, but try to rent a place. First month, last month, security deposit, deposit for electricity, water. What savings? Things happen...

I find it amazing that our society has become so complacent that we just sit back, let banks take our homes, lay us off, use computers to replace people, and watch corporations make record profits off our backs. Gas at almost 4 dollars a gallon? Talk about a ripoff!!! The oil companies make billions in profits every quarter, and here we are complaining about Cash Call, and driving our SUV's around. 

And we are just sitting here, watching it all happen.  Well, guess what? If the american people keep going down this path, we won't have jobs, or homes and the corporate bigwigs, who just got a bailout of billions of dollars, that we paid for, will continue to make money off our backs, and continue to rake in the profits, laughing all the way to the banks.  Anyway, enough ranting! Take action!

its hysterical watching these Cash Call shills lie and twist the truth in this thread. the FACT is that in order to give a loan to someone you need to be licensed in that state and Cash Call is NOT licensed in Georgia. they're actually only licensed in California, Delaware, and a few other states. therefore they cannot sue you to collect the loan because they know full well that they never should have given it to you in the first place. 

it's true that the law allows the creditor to charge rates that are legal in the originating state, but they STILL need to be licensed in the state they gave the loan in. so they can charge you Delaware rates, but not unless they are licensed in Georgia. and they're not. so all of the laws that you people are arguing about are only valid if we're talking about a licensed lender... Cash Call is NOT a licensed lender in this case so the contract is illegal and void!! this would be like if joe blow from NY wrote a contract where you had to pay him 100 percent interest on a loan, and then tried to get it enforced in court. the judge would call him a loanshark and throw out the case. this is the same thing, only Cash Call is the loan shark since they're not licensed. 

the only states you'll see lawsuits from Cash Call is California and that's because that is where they are based and they send employees to represent themselves in court and usually lose. they also can't garnish your wages in any form.  

also since they aren't properly licensed and the loan was illegal to begin with, you can have it struck from your credit report if they try to put it on there. all you have to do is get them to stop calling you and make sure you close any accounts that they had access to. 

Payday Loans are prohibited in the state of Georgia.  In this case, you are only obligated to pay the amount you borrowed back to Cash Call.  Take them to court.

thanks guys.......this was priceless.

What I still dont understand....and you'll see me ask it elsewhere is this.....

WHY do these type of people (Debbie included)...think it's ok to borrow money from places like this (Cashcall)..and then just up and decide one day that they dont like the interest rate and think they can just stop paying it? I agree 100% that the interest rate is unreal and should be illegal everywhere.......HOWEVER........people like Debbie continue to haunt these places......sign papers......need money and AGREE to pay it back.......yet opt not to. (AND I DONT EVEN WORK FOR THIS PLACE....imagine that)

Sooooo next time I buy a new truck.......I can dictate to the financer (is that a word?) what I'll pay for interest?.....or how many payments I think are fair?

WTH is up with that?

Steve....Strider...Jim....Robert...thank you for alll the time effort and energy you put into this. You offered lots of useful information. I hope to never be in a position to have this be of use to me.....but it's nice to know there are men out here who will offer up information and help such as y'all have here. Thank you

(oh....and Debbie......pay what you owe....quit being a deadbeat)

"" I have a feeling that they will make another offer more in line with what I will accept because I am standing my ground firm and not caving in.""

Well? Anything new to report Debbie? John Q?

Any new settlement offers from CC?

Any new information from DBF?

""I offered to pay them 27% interest""

Why 27%? All your postings are pretty firm with your belief that they can only charge up to 16%. I don't understand why you would offer them more. Did you learn anything new about the legallity of their loan to you in Georgia?

""It is clear that you Cash Call people are worried that people will wise up just like I did and that will put you out of business. Keep worrying...""

I'm not worried at all. I'm a self-employed computer consultant who also helps people with credit issues thru my sister's church. I was trying to help you although you don't believe that. Do a search on ROR and you will see I don't like Cash Call one darn bit!

""Why should I go to the mountain by filing a lawsuit when I can just wait for the mountain to come to me? ""

IF you were a resident of New York it would well be within your interest to "take the mountain" to them by suing them. In NY, you would be entitled a refund of DOUBLE the interest you have paid on this loan PLUS you would not have to pay off the principal of the loan as well - this is why Cash Call does not grant loans in NY. They would be STUPID if they did. I posted the applicable laws from NY. I hope you make a copy of them and forward them to your Georgia State representatives for enactment in Georgia.

""I have a feeling that they will make another offer more in line with what I will accept because I am standing my ground firm and not caving in.""

Well, by offering 27% you have caved in a bit from your original position of not paying more than 16%. That's OK. It doesn't hurt to make them bend a bit. I still don't understand why you're offering 27%.

""If it goes to court, they will not get court costs or anything else because the interest is illegal in Georgia.""

Did you ever submit a WRITTEN complaint to the Commissioner of DBF and get a written opinion from the Commissioner to the legallity of their loans in Georgia?

Did you learn of any OTHER Georgia laws that might make loans from them illegal in Georgia?

I sent a fax offering this settlement and kept a copy of it. It is clear that you Cash Call people are worried that people will wise up just like I did and that will put you out of business. Keep worrying...


Why should I go to the mountain by filing a lawsuit when I can just wait for the mountain to come to me? Let them spend their money on going to court if they even dare. I have a feeling that they will make another offer more in line with what I will accept because I am standing my ground firm and not caving in.

If it goes to court, they will not get court costs or anything else because the interest is illegal in Georgia.

You wrote on 12/11/2007 8:53:41 AM:

"I spoke with an attorney and since I am a resident of Georgia they are subject to Georgia laws. I am pursuing action."

Then on 12/11/2007 8:13:05 PM :

"My attorney told me to hold off on the Attorney General because he is looking into a class action lawsuit."

Then on 12/12/2007 11:49:37 AM:

"I can gurantee that if they harass me I wi ll take legal action."

Then on 12/12/2007 6:52:03 PM:

"I hope they do call and harass me, in fact I pray they do because a lawsuit can be filed."

Then on 12/18/2007 11:47:29 PM:

" have told them that if they adjust the loan to the legal interest rate of 16% I will pay it, otherwise I will see them in court."

And as someone else pointed out, you have no intention of even paying what you DO owe, much less plus even 16% interest. If you did, then you would still be paying back now and calculate the 16% interest to pay. You think you found an out.

They have made an offer to reduce the interest rate to 45% which is not acceptible. When you stand up to these people and tell them to take you to court, their whole attitude changes. Especially when you notify them that you are recording the phone conversation and just hang up on them when they start their crap...

I told them three months ago to take me to court. Nothing yet. I look forward to it...

Gotta wonder if there's anything to report.

Any docket number for the lawsuit???

Any answer from the Commissioner of the DBF???

Any formal complaint made to the Commissioner???

Any Georgia attorney looking for clients for a class action lawsuit???

Debbie???

John Q???

Hello,

Reading the posts on this site and doing a lot of research on the web I see quite a few trends.

1. Many of the complaints on Cashcall are about the horrendous interest rates, in 1 form or another.
a. They say they weren't aware that the rates were so high when they signed up for the loan.
b. Are amazed that they have paid for a period of time, some for 2-3 years, no missed payments, and yet their balance remains the same or higher than when they got the loan.
c. Knew full well that the interest rate was ludicrous but signed anyway and now after the fact are trying to get out of the loan on the cheap.

After going to several websites on the net checking out rates for payday type loans (of which Cashcall is considered a payday type loan) the site on the net that was the most straightforward on its rates was in fact Cashcall. Now I don't know if this has always been the case, but right now it is pretty straightforward that if you sign up for a loan with them you are going to pay a pretty penny if you don't pay the loan off very quickly. And since most of the payments go to nothing but interest the principal stays high. As for the people that knew they were getting fleeced but signed anyway..........pay your bills.

2. Many of the complaints on Cashcall are about what happens if you miss a payment.
a. They call you and harass you constantly.
b. Are unwilling to work with you or consider your situation.
c. Break FDCPA

Well, as for the FDCPA all I can say is that they are the actual creditor, not a third party debt collector. This means the FDCPA does not apply to them. Now some states have laws that mimic the FDCPA laws to some extent, but for the most part the FDCPA can't help you with them. You would have to check with the state you are in to see what laws apply to creditors. This doesn't mean they can tell you they are going to have you thrown in jail, threaten bodily harm, or cancel your christmas. It does mean that for the most part a "Cease Communication" letter will not work on them. Since they are the actual company that holds the paper on the loan they have every right to contact you about payment.

For some reason people think this company is there to help them and should work with them to resolve problems like job layoff,divorce, medical bills, ect.all. What people don't seem to realize is that this company, by it's very nature, has no interest in this. They only want your money, and they want it now! In fact, they harass,antagonize,threaten you but in actuality they don't mind you being late once in awhile. In fact they count on it. It allows them to hit you with late fees and more daily compound interest. There is no incentive for them to be nice to you. They are loansharks after all, and statistics show mean tends to work better than nice when it comes to getting people to part with their money. Since there is nothing in their contract that says they have to be nice, don't expect it.

My conclusions are this.

1. If you do need a short term loan do anything you possibly can to avoid them on the internet! Walk down the street to your local finance company, bank, pawn shop, local payday loan store, start your own "Will Work for Food" franchise, your brother Daryl, your other brother Daryl. Do whatever it takes but for heavens sake don't take one on the internet. I've found nothing outside my door that even comes close to the fleecing that the short term loan companies on the net charge. And if you take the loan locally you have someone you can talk to face to face. They are much more likely to work with you if you run into some difficulties.

2. People tend to take the easy way out. They say that Cashcall was the "Only Way" they could get a loan because of bad credit history. I find this very hard to believe. Finance companies (these are companies that worked the sub prime market long before these Payday Loan places) are more than happy to give you a loan at high interest as long as you have a job. Their interest rates are nowhere near that of payday loan establishments. Years ago I had terrible credit, but I had a job, Went to one of these places and in about half an hour had a check for $1000 in my hands. They actually approved me for $5000 but since I only needed $1000 that's what I borrowed. They secured the loan with "household goods" which means they could take my stuff if I didn't pay it back, so pay it back or they will take your dirty dishes!

3. You have to take charge of your own finances. The problem isn't the payday loan companies, it's the people that get into such a bind that they have to use them. It all starts with a budget. If you write down your monthly expenses, then write down your income, you know whether you can afford that new cd player or not. Obviously if your income doesn't even cover your bills, you need a new job and can't afford to pay back a loan anyway. You also need something called a savings account and keep money in there for these little emergencies. Tough statements, I know, but facts are facts. Overspending and not planning for unexpected emergencies is what gets most people into trouble. If you actually follow a budget these bloodsuckers will never get their hands in your pocket. In fact, it would put them completely out of business.

This lady is obviously a nut who wants attention. I can honestly say that i'm not the only one who thinks this way about her hackneyed, desperate cries for help. The bottom line is this: If you need to get a payday loan, you can't afford a lawyer. Period. Enough of your foolishness.

I have been reading this thread for about 30 mins now and I now believe you are just responding to get additional responses. I don't believe you've consulted an attorney and if you did you probably had to pay a lot. If you are going to do what you're going to do anyway, what's the point in making additional comments? Like someone else said, just post the case # so we can follow it and stop this ridiculous attempt at trying to get attention on ROR. This is for people who want help with a problem, not people who want to create controversy. You obviously don't want help.

It was illegal and my bank refinded the money back to me. I had faxed Cash Call and told them they no longer had my permission to take money form my checking account.

I have told Cash Call that I will pay them the legal interest rate in Georgia and not a penny more.

Friday, January 11, 2008 Last Update: 2:09:29 PM Employment

Twenty-seven workers accuse Cashcall and Paul Reddam of cheating them of wages and overtime, in Santa Ana, Calif., Federal Court.

I don't think cash call should be able to charge a high rate like that also, but I have used a place like them before and to Debbie's response about taking money out of her checking account is illegal, no it is not, when you signed the papers online you agreeed to let them take it out on certain days, remember picking the days..

Just pay back the 2600 you wanted without the insternt and save your credit score, you are aware not that since you did this it will show up on teletrack and other check writing places as not being paid....

John Q like the OP was blowing smoke and just saying what they wanted to hear and not the truth.

Nothing. So what's up John? Anything or were just trying to cool the report down?

Hey john, shoot me an email over here...I have been working on something myself, would love to hear what you know and I will tell what I have been working on over here in nc. Reply to (((ROR REDACTED)))

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

I got some News for any of you Nay Sayers. I firstly want to address the person from "anytown USA" that said he bets that anyone whom has a loan with cashcall had a credit score above 550. Well you just lost your bet cause I had a 710 score when I got my loan there smarty pants. So stop talking out of the side of your neck.


In the next couple of weeks theres a surprise comming for our infamous lender CC.

Not that im "thinking" of doing anything, its already been done!! Enough talk now comes the action. See ya in federal court!

I got some News for any of you Nay Sayers. I firstly want to address the person from "anytown USA" that said he bets that anyone whom has a loan with cashcall had a credit score above 550. Well you just lost your bet cause I had a 710 score when I got my loan there smarty pants. So stop talking out of the side of your neck.


In the next couple of weeks theres a surprise comming for our infamous lender CC.

Not that im "thinking" of doing anything, its already been done!! Enough talk now comes the action. See ya in federal court!

I got some News for any of you Nay Sayers. I firstly want to address the person from "anytown USA" that said he bets that anyone whom has a loan with cashcall had a credit score above 550. Well you just lost your bet cause I had a 710 score when I got my loan there smarty pants. So stop talking out of the side of your neck.


In the next couple of weeks theres a surprise comming for our infamous lender CC.

Not that im "thinking" of doing anything, its already been done!! Enough talk now comes the action. See ya in federal court!

I got some News for any of you Nay Sayers. I firstly want to address the person from "anytown USA" that said he bets that anyone whom has a loan with cashcall had a credit score above 550. Well you just lost your bet cause I had a 710 score when I got my loan there smarty pants. So stop talking out of the side of your neck.


In the next couple of weeks theres a surprise comming for our infamous lender CC.

Not that im "thinking" of doing anything, its already been done!! Enough talk now comes the action. See ya in federal court!

"I am not posting any more at the advise of my attorney."
Yeah, you've spouted this off already.
I thought you said you were going to pay back at least what you borrowed, and now your claiming AGAIN that you won't. This thread is a riot. You never had any intention of paying because you think you found a loophole. Good Luck with that. lol.
Why is everyone else to complain and post but your alleged attorney is allegedly telling you not to? Why would anyone else jeopardize a court case if it would do the same you your alleged case?
You are not suing anyone. You said it yourself that you are waiting to be sued.

"I am not posting any more at the advise of my attorney."
Yeah, you've spouted this off already.
I thought you said you were going to pay back at least what you borrowed, and now your claiming AGAIN that you won't. This thread is a riot. You never had any intention of paying because you think you found a loophole. Good Luck with that. lol.
Why is everyone else to complain and post but your alleged attorney is allegedly telling you not to? Why would anyone else jeopardize a court case if it would do the same you your alleged case?
You are not suing anyone. You said it yourself that you are waiting to be sued.

"I am not posting any more at the advise of my attorney."
Yeah, you've spouted this off already.
I thought you said you were going to pay back at least what you borrowed, and now your claiming AGAIN that you won't. This thread is a riot. You never had any intention of paying because you think you found a loophole. Good Luck with that. lol.
Why is everyone else to complain and post but your alleged attorney is allegedly telling you not to? Why would anyone else jeopardize a court case if it would do the same you your alleged case?
You are not suing anyone. You said it yourself that you are waiting to be sued.

I am not posting any more at the advise of my attorney. Anyone that has a Cash Call loan needs to check with your local authorities and with the Federal Trade Commission and not believe anyone else!! It will be well worth it!

The bottom line is they have to file a law suit in your state and your state laws apply.

""Do not believe what you read online. It won't cost a thing. I have talked to an attorney and Georgia law does apply.""

And what did your attorney tell you? Besides that rediculous claim "don't file any formal complaints because I'm looking into a class action lawsuit?"

How much UPFRONT MONEY did your "attorney" want from you to file a lawsuit against CC and FBOD for violating Georgia law? Hmmmm?

IF YOU HAD A CASE against CC/FBOD using Georgia law, you would have no trouble at all finding an attorney to file a lawsuit against CC/FBOD without requesting any money from you up front. He/she would file the case with a contingency fee and be willing to front the meager filing fees for you. Obviously, the "attorney" you spoke with isn't very confident of your position.

As I have REPEATEDLY told you, GEORGIA LAW applies and THAT IS THE PROBLEM. GEORGIA law has a loophole - FDIC insured banks, that are NOT REQUIRED to be licensed in Georgia, can pretty much do what they want when it comes to interest rates.

""Do you people that work for Cash Call really think I am going to do anything to help you fight it? Get Real""

I don't work for Cash Call and I venture to say I know more about Georgia law as regards this matter than you do. Thank God I'm self employed. Between you saying I work for Cash Call, and you're fellow nincompoop Pastor Dicky saying I'm an ACCORNazi or ACCORrite, I might become confused as to my employment status.

""I am not paying a dime and I have told Cash Call to take me to court. Period. I also was advised to record every conversation with Cash Call...""

You have every right to trash your credit if that's your wish. Although, I suspect it was already trashed. But, it's equally your right to make it WORSE.

Why you don't send a SASE with a written complaint to the Georgia DBF is beyond me. With this vacuous logic you display, it's no wonder you're in a pickle. Then when folks try to help, you don't have the sense to write a letter and cough up the cost of 2 envelopes and a couple of stamps to settle the matter.

We can only hope that OTHER folks in Georgia do not follow your vacuous lead.

The courts in Georgia will have jurisidiction over case and will apply Georgia law. I faxed Cash Call an offer to pay if they reduced the interest to legal rate. I have the confirmation of that fax. I won't be paying court costs and attorney's fees.

The courts in Georgia will have jurisidiction over case and will apply Georgia law. I faxed Cash Call an offer to pay if they reduced the interest to legal rate. I have the confirmation of that fax. I won't be paying court costs and attorney's fees.

This thread is getting way old, but one thing interesting occurred to me, hey, Debbie, if you have a major credit card check your card information and see what your major credit card charges you for interest on cash advances. Hmmmmm, bet it's higher than 16%. Likely around 23-29% something like that. Maybe even higher. I guess Mastercard, Visa and the rest are violating GA state laws too LOL

Robert, your reseach was enjoyable to read. Well done, but sadly time wasted on this OP.

And to the guy who used to work for CC that posted above, seriously they do that kind of stuff on their loan applications? I understand the incentive but man seems most every loan could be voided. I bet, though, that somewhere on the loan documents there is a statement of accountability that says by signing the borrower agrees that all info on the application is true and accurate to the best of their knowledge. That would give CC an out it seems.

I'm out, ROR is getting to be a waste of time to read and just too damned depressing. Wonder how many OPs I've seen on episodes of Cops?

Please post your docket number so that we can follow this case and see how it turns out. If you are correct it would have far reaching effects for cash Call and all similar companies. If you're wrong you'll probably wind up with a judgement against you and you'll have to pay your debt. But we'd like to know the outcome.

Please post your docket number so that we can follow this case and see how it turns out. If you are correct it would have far reaching effects for cash Call and all similar companies. If you're wrong you'll probably wind up with a judgement against you and you'll have to pay your debt. But we'd like to know the outcome.

Please post your docket number so that we can follow this case and see how it turns out. If you are correct it would have far reaching effects for cash Call and all similar companies. If you're wrong you'll probably wind up with a judgement against you and you'll have to pay your debt. But we'd like to know the outcome.

Please post your docket number so that we can follow this case and see how it turns out. If you are correct it would have far reaching effects for cash Call and all similar companies. If you're wrong you'll probably wind up with a judgement against you and you'll have to pay your debt. But we'd like to know the outcome.

If the 11th Circuit Court of Appeals ruled Georgia's predatory lending laws are valid and constitutional, you have nowhere to go when you're sued. When they win, you'll file BK. At the end of the day, you'll be paying the same amount, whether it is to your lawyers or to Cash Call, and you'll have no credit at the end of the day since the BK and Cash Call will take care of that.

Everyone really should quit wasting their time with this thread. Seriously, she isn't interested in hearing anything contrary to what she believes so best to save the efforts on someone more deserving.

Here's what is going to happen - she is going to bail on payments, CC is going to keep on her for awhile then file a law suit seeking principal only or principal plus court costs, something like that. She will lose in court for that and will have to follow the judgement and pay it back.

She will think she has won because she got out of the huge interest schedule CC uses.

She will win in the sense that CC will not get the principal plus 99%. They will of course shred her credit rating for the next seven years but that is no loss either for her, as it is highly likely that since she borrowed from a company like CC instead of a legitimate lender, that her credit rating is very low to begin with. Hard to hurt someone knocking them under 500 FICO if they are already under 500.

This is the common theme running through all of these CC threads, people bailing on high interest rate sub prime loans (with no collateral) crying foul at the interest rates they agreed to when they borrowed. And if you wanted to bet me that any of those OPs had a FICO score above 550, I'd likely take that bet!

Everyone really should quit wasting their time with this thread. Seriously, she isn't interested in hearing anything contrary to what she believes so best to save the efforts on someone more deserving.

Here's what is going to happen - she is going to bail on payments, CC is going to keep on her for awhile then file a law suit seeking principal only or principal plus court costs, something like that. She will lose in court for that and will have to follow the judgement and pay it back.

She will think she has won because she got out of the huge interest schedule CC uses.

She will win in the sense that CC will not get the principal plus 99%. They will of course shred her credit rating for the next seven years but that is no loss either for her, as it is highly likely that since she borrowed from a company like CC instead of a legitimate lender, that her credit rating is very low to begin with. Hard to hurt someone knocking them under 500 FICO if they are already under 500.

This is the common theme running through all of these CC threads, people bailing on high interest rate sub prime loans (with no collateral) crying foul at the interest rates they agreed to when they borrowed. And if you wanted to bet me that any of those OPs had a FICO score above 550, I'd likely take that bet!

Everyone really should quit wasting their time with this thread. Seriously, she isn't interested in hearing anything contrary to what she believes so best to save the efforts on someone more deserving.

Here's what is going to happen - she is going to bail on payments, CC is going to keep on her for awhile then file a law suit seeking principal only or principal plus court costs, something like that. She will lose in court for that and will have to follow the judgement and pay it back.

She will think she has won because she got out of the huge interest schedule CC uses.

She will win in the sense that CC will not get the principal plus 99%. They will of course shred her credit rating for the next seven years but that is no loss either for her, as it is highly likely that since she borrowed from a company like CC instead of a legitimate lender, that her credit rating is very low to begin with. Hard to hurt someone knocking them under 500 FICO if they are already under 500.

This is the common theme running through all of these CC threads, people bailing on high interest rate sub prime loans (with no collateral) crying foul at the interest rates they agreed to when they borrowed. And if you wanted to bet me that any of those OPs had a FICO score above 550, I'd likely take that bet!

Do not believe what you read online. It won't cost a thing. I have talked to an attorney and Georgia law does apply.

Do you people that work for Cash Call really think I am going to do anything to help you fight it? Get Real

I am not paying a dime and I have told Cash Call to take me to court. Period. I also was advised to record every conversation with Cash Call...

FBOD is FDIC insured and GEORGIA LAW exempts FDIC insured banks from your state "predatory lending" laws. This is why CC and FBOD continue to offer loans to residents of Georgia.

Instead of arguing about it, file a FORMAL COMPLAINT about the high interest rates that CC and FBOD charges for loans granted to residents of Georgia. File a WRITTEN COMPLAINT AND INSIST ON A WRITTEN REPLY. Include a SASE with your complaint and a photo copy of any paperwork you have from CC or FBOD. Then come here and post the reply you receive from the Department of Banking and Finance.

Also, when you're done writing your formal complaint, I suggest your print the NY Obligation laws I posted and include them in a letter to your elected STATE of GEORGIA representatives at your Georgia state capital and ask them what they are doing to change GEORGIA laws to close this "FDIC Insured" loophole in Georgia legislation.

This is the quickest way to get a definitive and non-arguable answer for you. The DBF will respond to your complaint and then you will know DEFINITIVELY why these loans are legal (or perhaps why they are illegal.)

For now, you're wasting time with your incorrect interpretation of Georgia law. Quit arguing about it, write the letter to DBF, and let us know how they respond to your written complaint about the interest rate of your CC/FBOD loan.

The 16 percent interest rate does not apply to loans from Cashcall or other subprime lenders (or those that lend money to high risk debtors). Last I saw when Florida chased out the cash for title folks they moved to GA. Cash call is similar to those operations. They can get away with rates a lot higher than 16 percent. You should consult an attorney before you take the route you are taking. This is not the time to play lawyer.

Georgia's law applies . I am not paying them and waiting for them to take me to court. I will find out who is correct

In looking at the agreement to post here, a person has to agree to follow the rules/laws of Arizona, regardless of where they live. Does this mean that if you don't like something ROR does that you're going to demand that they abide by the rules/laws of Georgia? Doesn't work that way.
When you accept something over the internet it will tell you what state rules/laws apply. If you don't like those rules/laws, then don't use that website.

Aside from the harassment tactics of Cash Call's internal collections deparment, if Cash Call's interest rates are so illegal in relation to the various consumer financial laws would not many states attorney generals and the United States Department of Justice, the Federal Bureau of Investigation or the Federal Trade Commission be involved in suing or shutting down Cash Call considering Cash Call is using the internet, telephones and faxes to sell and service customer.

Aside from the many complaints on Ripoffreport, why have I not read any major complaints, lawsuits or investigations, in my local newspapers (San Francisco Bay Area), or any major news television show including 20/20 newsmagazine, Dateline NBC, or 60 Minutes.

On CashCall.com rates page
Loans made to residents of California, Idaho, New Mexico, and Utah will be underwritten and funded by CashCall. Loans made to residents of all other states (excluding Iowa, Massachusetts, Nevada, New Jersey, New York and West Virginia) will be underwritten and funded by First Bank of Delaware (Member FDIC).

Note that the following states: Iowa, Massachusetts, Nevada, New Jersey, New York and West Virginia are not listed in Cash Call's rates list. I am guessing Cash Call does not have the legal authority to offer loans in the aforementioned states.

When they took money out of my checking account without my permission, I started investigating them and realized that the rate they charged was illegal and that were very untrustworthy.. I have told them that if they adjust the loan to the legal interest rate of 16% I will pay it, otherwise I will see them in court.

This is just another deadbeat that is trying to find away out of a debt! Years ago when my dad was in buisiness, this type burned him, and in my life I have experienced them as well. They are all the same, and notice they are all attorneys? I love how they come up with these complex legal strategies. Yet they were to stupid to know their interest rate before taking the loan. And who is going to argue this frivolous case? Don't attorneys charge money for representation? Up Front in this case! A lot of you try to give great advice, and are attacked for it. My advice in this case is: Just let nature take its course!

IF YOU ACTUALLY PAID AT LEAST WHAT YOU BORROWED. Meanwhile, you have paid NOTHING. You are just looking for an out to paying anything and giving others bad advice.

When the collector calls, state:

This is to inform you that this phone call is being tape recorded. If you do not consent to being recorded, you are advised to hang up. Continuing this phone call after being officially informed that it is being recorded implies consent. Be sure to get this statement in the recording.

Never record a phone call without doing this unless you live in one of a handful of states that allows for tape recording of phone conversations without notification. If you don't, the info you get on the recordings will be worthless.

As long as one party on the call knows it is being recorded. Check out your local laws. When Cash Call called me, I let them know I was recording the conversation. They said you don't have my permission. I explained that I don't need your permission and they could not prevent me from recording the phone call. They hang up everytime.

It is time people started pushing back against Cash Call and contact the Federal Trade Commission. There are rules and guidelines Cash Call has to follow. Even at the bottom on the email they sent asking for payment there was a disclaimer that said , this is an attempt to collect a debt.

Don't let Cash Call bluff or bully you. Fight back!!!

""If you are a customer with CashCall and you are late as little as 30 days...record the phone call, you will have an instant lawsuit. ""

You're right, there could be an instant lawsuit. Just not the way you're inferring.

Better be careful with that advice. I suggest you read the RORs I posted earlier.

Folks who tape calls illegally and then attempt to sue (that's called making the recording public) can face severe criminal and/or civil penalty depending on the state of origin of the call, the state of the destination of the call, and the mood of the courts that might assume jurisdiction. Taping phone calls that cross state lines is a risky proposition at best.

Each state decides what's legal or not regarding the recording of telephone calls. Many States require the knowledge and consent off ALL parties to the call.

Read this article that I found online:

CashCall April 4, 2007

I am currently employed at CashCall right now as a collector. Although, They are not a collection agency...the collections department is approx. 500 strong and growing. This is the most illegal collection department that i have ever worked for. I have met people who have worked for Shekinah and NCO who now work at CashCall, and they say we are 10 times more illegal. Everyday it is hilarious hearing not just one but all collectors telling 3rd party's or whoever answers the line that they are from the sheriff's, attorney's, legal department, fraud department, court house, and investigation department. They threaten suit, garnishments, actually anything they can think of. The crazy part about it is that all the management knows and they are ok with it. The motto there is "Do what you have to get the money". so whether you are 30-60-90 days late ...you will get these threats guaranteed. I don't consider these guys good collectors they are just total thugs. As a collector myself i never thought i would say this, but i feel bad for the debtor..96% interest. is that even legal.. If you are a customer with CashCall and you are late as little as 30 days...record the phone call,,,you will have an instant lawsuit. "

OK, I'm finally posting the jewels of NYs usury laws that make it a stupid proposition for Cash Call to offer loans to folks in NY.

First: Such loans are illegal in NY.

Second: If such loans are made, the lender cannot win a judgement to collect the loan not the interest or the principal.

Third: I love this! If a borrower has paid ANY portion of interest on an illegal usurious loan, that borrower may sue and get a judgment for twice the amount of interest paid. (Previously, I mistakenly stated twice the principal sorry about that folks.) The borrower, by law, does NOT HAVE TO OFFER any settlement in order to sue the lender and win a judgment for double the interest already paid.

Now, if I were living in Georgia, I would copy these laws and forward them to my elected State Legislators and demand that they adopt similar legislation for Georgia. If that were to happen, watch how fast CC removes Georgia from the States in which they offer loans.

These laws can be found at:

public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

5-501. Rate of interest; usury forbidden. 1. The rate of interest,
as computed pursuant to this title, upon the loan or forbearance of any
money, goods, or things in action, except as provided in subdivisions
five and six of this section or as otherwise provided by law, shall be
six per centum per annum unless a different rate is prescribed in
section fourteen-a of the banking law.
2. No person or corporation shall, directly or indirectly, charge,
take or receive any money, goods or things in action as interest on the
loan or forbearance of any money, goods or things in action at a rate
exceeding the rate above prescribed. The amount charged, taken or
received as interest shall include any and all amounts paid or payable,
directly or indirectly, by any person, to or for the account of the
lender in consideration for making the loan or forbearance as defined by
the banking board pursuant to subdivision three of section fourteen-a of
the banking law except such fee as may be fixed by the commissioner of
taxation and finance as the cost of servicing loans made by the property
and liability insurance security fund.
3. If the rate of interest charged, taken or received on any loan or
forbearance secured primarily by either (i) an interest in real property
improved by a one to six family residence occupied by the owner or (ii)
certificates of stock or other evidence of an ownership interest in a
corporation or partnership formed for the purpose of the cooperative
ownership of real estate taken as security for a loan under subdivision
five of section one hundred three of the banking law, subdivision
eight-a of section two hundred thirty-five of such law or subdivision
two-a of section three hundred eighty of such law, exceeds six per
centum per annum,
a. in the case of a loan referred to by clause (i) of this
subdivision, the term of such loan or forbearance may extend five years
beyond the maximum maturity of such loan otherwise prescribed by law,
and
b. notwithstanding any other provision of law, the unpaid balance of
the loan or forbearance may be prepaid, in whole or in part, at any
time. If prepayment is made on or after one year from the date the loan
or forbearance is made, no penalty may be imposed. If prepayment is made
prior to such time, no penalty may be imposed unless provision therefor
is expressly made in the loan contract. In all cases, the right of
prepayment shall be stated in the instrument evidencing the loan or
forbearance, provided, however, that the provisions of this subdivision
shall not apply to the extent such provisions are inconsistent with any
federal law or regulation.
4. Except as otherwise provided by law, interest shall not be charged,
taken or received on any loan or forbearance at a rate exceeding such
rate of interest as may be authorized by law at the time the loan or
forbearance is made, whether or not the loan or forbearance is made
pursuant to a prior contract or commitment providing for a greater rate
of interest, provided, however, that no change in the rate of interest
prescribed in section fourteen-a of the banking law shall affect (a) the
validity of a loan or forbearance made before the date such rate becomes
effective, or (b) the enforceability of such loan or forbearance in
accordance with its terms, except that if any loan or forbearance
provides for an increase in the rate of interest during the term of such
loan or forbearance, the increased rate shall not exceed such rate of
interest as may have been authorized by law at the time such loan or
forbearance was made.
4-a. Notwithstanding the provisions of subdivision four of this
section, a loan or forbearance repayable on demand may provide for
changes, reflecting variations in lending rates, from time to time in
the rate of interest payable on such loan or forbearance up to the rate
of interest authorized by law at the time of such change and in such
case the rate of interest may be so changed in accordance with the terms
of the contract or loan commitment relating thereto; provided, however,
that the rate of interest charged, taken or received on such a loan or
forbearance shall not exceed the rate of interest authorized by law as
it may subsequently be reduced from time to time; and further provided,
however, that in no event shall such a loan or forbearance by subject to
an authorized rate of interest less than that applicable at the time
such loan or forbearance was made. The provisions of this subdivision
shall apply only to a loan or forbearance repayable on demand which has
an initial principal of more than five thousand dollars and which the
borrower has the right to repay at any time in whole or in part,
together with accrued interest on the principal so repaid, without any
penalty. With respect to a loan or forbearance covered by this
subdivision, the lender shall disclose to the borrower in writing not
less often than annually the amount of interest accrued or payable as of
the date of such disclosure and the manner by which such amount was
computed.
5. No law regulating the maximum rate of interest which may be
charged, taken or received shall apply to any loan or forbearance
insured by the federal housing commissioner or for which a commitment to
insure has been made by the federal housing commissioner or to any loan
or forbearance insured or guaranteed pursuant to the provisions of an
act of congress entitled "Servicemen's Readjustment Act of 1944."
6. a. No law regulating the maximum rate of interest which may be
charged, taken or received, except section 190.40 and section 190.42 of
the penal law, shall apply to any loan or forbearance in the amount of
two hundred fifty thousand dollars or more, other than a loan or a
forbearance secured primarily by an interest in real property improved
by a one or two family residence. A loan of two hundred fifty thousand
dollars or more which is to be advanced in installments pursuant to a
written agreement by a lender shall be deemed to be a single loan for
the total amount which the lender has agreed to advance pursuant to such
agreement on the terms and conditions provided therein.
b. No law regulating the maximum rate of interest which may be
charged, taken or received, including section 190.40 and section 190.42
of the penal law, shall apply to any loan or forbearance in the amount
of two million five hundred thousand dollars or more. Loans or
forbearances aggregating two million five hundred thousand dollars or
more which are to be made or advanced to any one borrower in one or more
installments pursuant to a written agreement by one or more lenders
shall be deemed to be a single loan or forbearance for the total amount
which the lender or lenders have agreed to advance or make pursuant to
such agreement on the terms and conditions provided therein.
7. Except as otherwise expressly provided by law, in the event of
prepayment in full of a loan, any refund of unearned interest to which
the borrower may be entitled may not be computed by a sum of the
balances or similar method but must be determined according to a
generally accepted actuarial method.

5-511. Usurious contracts void. 1. All bonds, bills, notes,
assurances, conveyances, all other contracts or securities whatsoever,
except bottomry and respondentia bonds and contracts, and all deposits
of goods or other things whatsoever, whereupon or whereby there shall be
reserved or taken, or secured or agreed to be reserved or taken, any
greater sum, or greater value, for the loan or forbearance of any money,
goods or other things in action, than is prescribed in section 5-501,
shall be void, except that the knowingly taking, receiving, reserving or
charging such a greater sum or greater value by a savings bank, a
savings and loan association or a federal savings and loan association
shall only be held and adjudged a forfeiture of the entire interest
which the loan or obligation carries with it or which has been agreed to
be paid thereon. If a greater sum or greater value has been paid, the
person paying the same or his legal representative may recover from the
savings bank, the savings and loan association or the federal savings
and loan association twice the entire amount of the interest thus paid.
2. Except as provided in subdivision one, whenever it shall
satisfactorily appear by the admissions of the defendant, or by proof,
that any bond, bill, note, assurance, pledge, conveyance, contract,
security or any evidence of debt, has been taken or received in
violation of the foregoing provisions, the court shall declare the same
to be void, and enjoin any prosecution thereon, and order the same to be
surrendered and cancelled.

5-513. Recovery of excess. Every person who, for any such loan or
forbearance, shall pay or deliver any greater sum or value than is
allowed to be received pursuant to section 5-501, and his personal
representatives, may recover in an action against the person who shall
have taken or received the same, and his personal representatives, the
amount of the money so paid or value delivered, above the rate
aforesaid.

5-515. Borrower bringing an action need not offer to repay.
Whenever any borrower of money, goods or things in action, shall begin
an action for the recovery of the money, goods or things in action taken
in violation of the foregoing provisions of this title, it shall not be
necessary for him to pay or offer to pay any interest or principal on
the sum or thing loaned; nor shall any court require or compel the
payment or deposit of the principal sum or interest, or any portion
thereof, as a condition of granting relief to the borrower in any case
of usurious loans forbidden by the foregoing provisions of this title.

These issues are addressed in other RORs.

Taping telephone calls that cross state lines can get touchy very quickly because there doesn't appear to be any definitive US Circuit Court ruling to set a nationwide precedence. This issue is addressed in the following RipOff Report (read the rebuttals from Mary and me):

ripoffreport.com/reports/0/285/RipOff0285841.htm#271375

How to stop phone calls from debt collectors/creditor to your workplace.

Again, this issue has been addressed on RipOff Report. You have to set the stage for a successful lawsuit by putting them on notice. This issue is addressed in the following RipOff Reports (read the rebuttals from me):

ripoffreport.com/reports/0/257/RipOff0257656.htm#263933

ripoffreport.com/reports/0/287/RipOff0287555.htm#270830

For Debbie Dearest: you're welcome!

to Robert's question. Why did your alleged attorney tell you NOT to file complaints but yet you are here begging others TO file complaints.

My question to you is, why on earth did you agree to take a loan from this place with an interest rate over 90% in the first place? Why would you agree to that if you say there is a cap at 16% in the state of Georgia? Wouldn't you have told this to cash call up front? Or did you not know about this until you decided you were sick of paying and looking for a way out?

My question to you is, why on earth did you agree to take a loan from this place with an interest rate over 90% in the first place? Why would you agree to that if you say there is a cap at 16% in the state of Georgia? Wouldn't you have told this to cash call up front? Or did you not know about this until you decided you were sick of paying and looking for a way out?

My question to you is, why on earth did you agree to take a loan from this place with an interest rate over 90% in the first place? Why would you agree to that if you say there is a cap at 16% in the state of Georgia? Wouldn't you have told this to cash call up front? Or did you not know about this until you decided you were sick of paying and looking for a way out?

My question to you is, why on earth did you agree to take a loan from this place with an interest rate over 90% in the first place? Why would you agree to that if you say there is a cap at 16% in the state of Georgia? Wouldn't you have told this to cash call up front? Or did you not know about this until you decided you were sick of paying and looking for a way out?

They can put whatever disclaimer they want to on the loan, it does not mean it will stand up in court. The Eleventh Circuit Court of Appeals upheld Georgia's Predatory lending Laws and that theh apply to out of state lenders.. These internet lenders try to say that the law applies to the state where they are headquartered. Does not stand up in court.

I will pay the legal interest rate in Georgia and not a dime more. It is time people stood up to Cash Call and put them out of business.

As I have said , check with the authorities of your local state and don't believe what anyone else tells you. Also contact the Federal Trade Commission

I took a look at Cash Call's website. I hit the Apply now button and sais I live in georgia. I then hit the Terms of Use link and it told me quite plainly that the loan was covered by federal laws and "the laws of the State of California". Now looking at this it brings to mind a couple of things about the loans.
#1 It doesn't matter what state you live in, when you apply you are agreeing to abide by the laws of California.
#2 As such, any case that cash Call would file against someone for not paying would be in California. Therefore, if you take out a loan, don't pay and they sue you; you would need to go to california or hire a California attorney to defend yourself. If you don't show up, Cash call gets a default judgement against you and can garnishee your wages and or bank account. Not paying doesn't sound like a good idea. I read the one post that settled for the original amount of the loan a week before the case, that was a smart move. because cash Call will win the suit and will take the money from your paycheck or bank account.

Debbie, I understand the postion you're in and I feel for you, but unfortunately I don't think the laws of Georgia will help you in this situation. Best of luck on a satisfactory resolution.

I did not pay cash call for over 2 years. They screwed around with my account and would not fix it. So, after 2 years they took me to court. And lord and behold they asked for the amount that I borrowed $2500.00. Not this $3500 OR $4300.0 they were trying to get from me. I paid it within a week boefre the court date. The dropped the case. But would not fix it on my credit report. I reported them to the FTC and showed Experian the amoutn they requested to the Court and the amount they got paid. IT si now fixed and shoes paid om my credit report. I am still waiting on th results from the FTC.

I am sick and tired of reading the postings about Cash Call. I am in no way defending their practice of telephone harassment, but I think Cash Call is entitled to the money that is owed to them. Cash Call should not be lending money to people who do not have a good credit history and people who do not have a good credit history should not be borrowing money that they cannot pay. No one and I say again, no one, forced the Cash Call customers, to fill out the application and borrow the money with the high interest rates.

Imagine if the people who took out loans for cars and houses decided to stop paying those loans. The lenders can repossess the cars and foreclose on the homes, but Cash Call lent the money with no collateral but borrower's promise to pay. I took multiple cash advances on my Visa credit card (7.5% annual, prime rate for life) and I owe thousands of dollars. I am expected to pay back all the money. If I do not make the monthly credit card payments, my credit reputation would be destroyed. Who would I blame, but myself for taking the cash advances and making purchases on credit.

Again, I do not condone telephone harassment, but Cash Call is entitled to the money that they lent to their customers. Cash Call has to pay back their banking sources.

I would love for them to file a suit against me in Georgia, it would make my day!! They made an illegal loan here.
They are not allowed to harass you. They called me several times and I told them I was not paying and I was recording the conversation. They got pretty upset with the fact I was recording the conversation and hung up on me. I am going to to keep doing it. I was also advised to keep a call log of everytime they called. Seems there have been numerous complaints about them ....

You need to contact the Federal Trade Commission...

As for your credit report, you are allowed to make a statement about the loan and explain that it is an illegal interest rate and dispute it as an illegal loan and it will be put in your credit report

I too quit paying CashCall.
The phone calls started at work and at home. I just ignored them. Then I started getting offers from them to settle the account for less and less. I ignored that too. Now again I am getting calls from the Recovery Dept. I just let them do their thing. I don't think they will sue each and every person who just quits paying or take them to arbitration I think they will just write loans off. My thoughts are that eventually they will go under simply because loans are not being paid. Much like the housing lenders. So if you can turn a deaf ear to the phone calls and don't even open the emails or snail mail they send AND if enough people do this seems to me their days are numbered! Yes it will hurt your credit but take the hit and wait it out.

Check your rights with your local state. Call your State legislator's office, Governor's office, etc and file a complaint. Contact the Federal Trade Commission and file a complaint and find out about your rights. All this is free and it won't cost anything except your time. Do not believe what anyone else tells you except local government or the Federal Trade Commission.

Cash Call is NOT allowed to harass you. Let them know that if they call you again, you consider it harassment. Check the laws in your state about recording phone conversations. In Georgia it is legal without a court order as long as one party knows the conversation is being recorded. If it is legal, then get a small tape recorder and record the conversation when Cash Call calls you. Let them know you are recording the conversation. If they say you don't have permission to record the conversation, let them know that you don't need permission.

her attorney told her to NOT file any formal complaints because of a potential lawsuit.

But NOW she's telling folks in Georgia to do exactly what I TOLD her to do which is to file formal complaints.

Now let's look at this. Every person in the State of Georgia is a potential plantiff in a class action suit against CC and FBOD.

If her lawyer told her not to file a complaint because of a lawsuit (yeah right - we believe that one) then doesn't it follow that co-plaintiffs of the suit shouldn't file complaints either?

LMAO!

If her merry-go-round spins any faster, she's gonna fly off! LOL!

This reinforces my opinion that she probably doesn't have an attorney working on this and that she's doing exactly what I said: hoping someone else will do the leg work for her.

Oh, I was mistaken about banks exporting their interest rates to NY. They can, but they would be STUPID to do so.

In NY, not only is a usurious loan illegal, but NY General Obligations Law specifically declares such a loan contract VOID from the beginning and allows for the borrower of such a loan to sue the lender for 2 times the loan amount, and the borrower does not have to offer to make any payment whatsoever - just sue and collect!.

NO WONDER CC and FBOD do not offer loans in NY.

I'll post the applicable NY laws later when I have time. Perhaps some good folks from Georgia will copy the laws and mail them to their State legislators and demand similar laws in Georgia!

Post the case number. If you won't do that - then you're a liar too. BTW, you have no case.

Didn't your 'attorney' advise you (as you posted) not to engage in discussions about this 'case' here or anywhere else?

Are you now ignoring the advise of your attorney as well?

If you all go back to the 1st response to this report, I said "this ought to be good", and it sure has been!! Forty seven responses!! Lots of good advice, some better than others, from people who appear to know what they are talking about!! But Debbie is sticking to her guns, not budging and not backing down!! I really believe she thinks most of the rebuttal authors WORK for Cash Call......sorry Debbie, I am retired from the military, and travel the country in a nice motorhome and am spending your tax dollars enjoying my retirement......but I do applaud you for standing your ground! I hope you win your case, if it ever gets filed.

Cash Call wrote an illegal loan in Georgia. Anyone that has a loan with Cash Call needs to contact their State Senator or State House Representative or the Consumer Advocate in the Governor's Office or Attorney General's Office by phone or in person. It won't cost you a dime so you have nothing to lose. Do not listen to anyone that tells you there is nothing you can do. Cash Call has people responding on these sites providing false and misleading information to prevent us from doing anything.

Jim, YOU need to check out the laws on harassment , especially via the telephone. They are laws against creditor harassment. If you think you can get away with harassment, then I tell you to BRING IT ON !!! I REPEAT, CASH CALL WILL NOT GET ANOTHER DIME SO BRING IT ON !!!

and 6 other states.

The states have the US constitutional right to control banking and interest rates within their state.

The Fed, under the "inter-state commerce " umbrella regulates nationally chartered banks and the federal reserve banks. Just because the Fed doesn't set a limit on consumer loan interest rates for these "national" banks does not prevent a State from enacting or regulating such a limit.

Case in point - New York - no Cash Call loans made here and with good reason. NY doesn't allow those types of interest rates on a consumer loan. Even FBOD cannot "export" that 98% interest rate on consumer loans into NY.

Georgia does not appear to have enacted any further restrictions on these "national banks" than what the Fed imposes. If Georgia has such limitations, I think it's surprising that there isn't any mention of it on the DBF website.

On the contrary, there is an update of recent rules and opinions (2007) available on the DBF website that clearly states that the retrictions of GILA applies to lenders who are licensed or required to be licensed in the State of Georgia. Further, the same PDF file then goes on to explain that an out-of-state lender who is insured by FDIC is exempt from having to be licensed in the State of Georgia. Hence, charge whatever interest rate you like.

These rules apply to National banks domiciled in those two state, not State banks domiciled there. This is an important distinction. State Bank of Delaware cannot export unlimited interest rate loans to other state, however National Bank of Delaware can and does.

I was doing some online reading about usury and interest rates and was interested to note three things:

1 - Apparently in 1980 due to escalating interest rates, the federal government passed a law allowing certain banks and lenders free reign in terms of interest rates that they charge - no usury limits on those rates. The rates are dictated by the state of the bank's domicile;

2 - Banks domiciled in two states are not subject to any limitation on the interest rates they can charge, those states are South Dakota and Delaware;

3 - When a person borrows from an entity who writes the loan through an out-of-state bank, the process is known as "exportation" and the jurisdiction of the loan falls under the state of domicile of the lending bank.

Cash Call writes loans in most states (where they provide them) through First Bank of Delaware, a Delaware domiciled bank. Regardless of the domicile of the person obtaining the loan, all pertinent laws revert back to the domicile state of the bank, not the state where the person received the loan.

So according to the federal law (1980) and the law of "exportation", in a case like this the governing authority lies with the state of domicile of the lending bank, in this case Delaware, which has no usury laws and can set any interest rate it likes.

Cash Call, according to my research, used to use another bank out of South Dakota (hence the ability to charge the same rates) but has since switched to FBOD.

BTW, payday advance companies do not work in conjunction with banks like this and, as such, cannot enact "exportation" and thus do not do business in states like Georgia because of the prevailing GA low interest rates. I did read that the payday advance companies are right now trying to get that law changed in GA so that they can open shop there. So they may in fact be doing business there before much longer as I read that they have strong support.

You are deliberately trying to mislead others that have loans with Cash Call. Harassment is against the law - period.

I am NOT trying to mislead anyone, although one might have that opinion about you. I am attempting to clarify the misinformation you are posting so that someone doesn't follow your misleading information and get into trouble that could have otherwise been easily avoided.

Especially your nonsense about the "don't contact me" letter. You think I'm wrong? Fine, POST THE LAW that states what you say. Consult your "attorney" about it. The bottom line is that YOU ARE POSTING MISINFORMATION and when I ask you to post some reference, you spew nonsense, insults, and now statements that border on libelous. You accuse me of deliberately misleading folks? You have some nerve.

Anyone that has a loan with Cash Call needs to check out their local laws.

I would take this a tad further and suggest they do more than simply check the local laws - READ THEM. And if they have some difficulty comprehending what they read, then seek a counselor, attorney, or perhaps the Commissioner of the Department of Banking and Finance and ask them to explain it in terms they can understand.

I have repeatedly expressed my disdain for Cash Call on this website and other venues. I have helped people with credit issues for over 25 years. I have drafted and printed letters, made phone calls, developed budgets and payments plans, contacted attorneys when needed, assisted attorneys when requested, and on several occasions have testified in court as a witness for the DEBTOR against a CREDITOR or debt collector. I've done these things all at my own expense. I have never asked for or received a dime for my volunteered efforts. It's something I do as "pay back" to the gentleman who helped me when I was on the brink of bankruptcy back in Sacramento, Ca, in 1978.

And now you state that I'm deliberately trying to mislead others?

Be careful Debbie. Be very careful.

NO ONE is anonymous on the internet. Website records can be subpeonaed and the source IP tracked to the ISP and the ISP records can be subpeonaed to provide the name and address of the account holder. The IP address can be used to substantiate the internet access account that sent the posting. In the future, I suggest you exercise more caution with what you post about the "intent" or actions of others, less you post something that is actionable and find yourself requiring the services of another attorney.

You've shown your true nature.

In spite of all this, I hope you previal against Cash Call, and I still think you should file a formal complaint with DBF.

Just post the case number. If you won't do that - then you're a liar too. I won't post again, unless it is a reminder for you to post the case number.

Debbie, the only thing I can tell you is if you do not pay Cash Call, they can take you to court. Now them actually showing up is a different matter because you live in Georgia. I'm not saying that they will or will not but if they do show up, I believe that the most money that they can get out of you is the original amount you borrowed. So if you borrowed $2600 from them, that is what they will sue you for and you won't have to pay all that interest. You will still have to pay them but it won't be as bad. Now I'm not saying to let it get to that, I'm simply saying that they can take you to court.

Jim, don't bother any more. I'm not. I've wasted enough time with her nonsense.

I hope she has a case, but for the life of me, I cannot see where the laws she has posted are going to help. There may be other Georgia laws that will help but it appears that neither she nor her attorney know what they might be (yet.) IF she really has hired an attorney, which I now find hard to believe.

The appropriate agency to file a complaint about the interest rate of the loan is the Georgia Department of Banking and Finance. This is stated on both the AG and DBF websites.

She claims her attorney doesn't want her to file a formal complaint.

Unbelievable!

She claims that all any debtor has to do is stop paying and send the creditor a "don't call me" letter and that's the end of it. Don't pay the debt, and when the creditor calls again IT'S PAYDAY - file a lawsuit. All this wisdom from her is allegedly from her "attorney."

Yeah right. I want the name, and license number of the attorney who told her that. I'll be happy to call the Georgia Bar Association about that.

I'm convinced she's joking around, or at the least lying about being advised by a "consumer advocate" and an "attorney." The other possibility is... well...to quote Debbie one last time..

"" Do you reall think I am that stupid?""

Jim, don't bother any more. I'm not. I've wasted enough time with her nonsense.

I hope she has a case, but for the life of me, I cannot see where the laws she has posted are going to help. There may be other Georgia laws that will help but it appears that neither she nor her attorney know what they might be (yet.) IF she really has hired an attorney, which I now find hard to believe.

The appropriate agency to file a complaint about the interest rate of the loan is the Georgia Department of Banking and Finance. This is stated on both the AG and DBF websites.

She claims her attorney doesn't want her to file a formal complaint.

Unbelievable!

She claims that all any debtor has to do is stop paying and send the creditor a "don't call me" letter and that's the end of it. Don't pay the debt, and when the creditor calls again IT'S PAYDAY - file a lawsuit. All this wisdom from her is allegedly from her "attorney."

Yeah right. I want the name, and license number of the attorney who told her that. I'll be happy to call the Georgia Bar Association about that.

I'm convinced she's joking around, or at the least lying about being advised by a "consumer advocate" and an "attorney." The other possibility is... well...to quote Debbie one last time..

"" Do you reall think I am that stupid?""

I am not posting again. You are deliberately trying to mislead others that have loans with Cash Call. Harassment is against the law - period.

Anyone that has a loan with CAsh Call needs to check out their local laws...

""(c) Nothing contained in Code Section 7-4-2 or 7-4-3 shall be construed to amend or modify the provisions of this Code section.""

That's right, nothing in Title 7, Chapter 4, IN GENERAL.

Now, here's something you need to grasp from Title 7, Chapter 4 the vary last paragraph:

""(c) Nothing contained in this Code section shall be construed to amend or modify the provisions of Chapter 3 of this title, the "Georgia Industrial Loan Act," Article 1 of Chapter 1 of Title 10, the "Retail Installment and Home Solicitation Sales Act," Chapter 5 of this title, "The Credit Card and Credit Card Bank Act," Chapter 22 of Title 33, the "Insurance Premium Finance Company Act," Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers, and, except as provided in Code Section 7-4-3, Article 2 of Chapter 1 of Title 10, the "Motor Vehicle Sales Finance Act."

I'll give you, and your "consumer advocate" and your "attorney" a hint: Chapter 3 is the Industrial Loan Act. Got it yet? Do you comprehend the phrase "Nothing contained in this Code section shall be construed to amend or modify the provisions of Chapter 3 of this title, the "Georgia Industrial Loan Act,"

The industrial loan act stands alone and is not modified by the sections of law you seem to think help you. The recent adoption of new rules and opinions that are linked on the DBF website clarify this - I read them - took me about 60 minutes. This is not my opinion, this is the ruling of the DBF and the DBF Commissioner and these rules and opinions are at the DBF website in PDF file format.

Pass this information on to your attorney, if you really have one.

The quickest way for you to get a definitive answer to this is to file a formal complaint with the Commissioner of the DBF. I tell you this because the Georgia Attorney General website directs folks with just your problem to go to the DBF website to file a complaint. The AG website is very specific about what type of complaints the Office of the AG will handle and it direct folks such as you to the Department of Banking and Finance website. Your AG does not deal with your type of banking/lending issues. The enforcement of loan interest rates is by the DBF.

If you file a complaint with the DBF you should get an answer in a short period of time. You're not the only person in Georgia with a CC loan, and I'm sure others have filed complaints. IF other have not, then you'll be the ground breaker. My point is that when the DBF responds to your formal complaint, the DBF will tell you why the interest is legal in Georgia, or why it is NOT legal in Georgia.

I cannot comprehend why your attorney would tell you not to file a formal complaint. I can understand telling you not to file a complaint with the AG because the AG doesn't handle this type of complaint.

You'll get the answer much faster that way, rather than wait the 2 to 4 years it will take to adjudicate a class action lawsuit (if the court agrees that there is an actionable violation, grants class action status, and it comes to trial.)

Now to this priceless nonsense from you: ""If you instruct someone not to contact you again and they do, they are guilty of harassment and that is illegal.""

NOT IF THEY ARE A CREDITOR TRYING TO COLLECT MONEYS OWED.

IF this were true (it's not) than all ANY DEBTOR who does not wish to pay the debt has to do is stop paying the debt and send a "don't contact me" letter to the creditor and that would be the end of it.

THERE IS NOTHING FURTHER FROM THE TRUTH. I've been at this over 25 years. I know of NO LAW in ANY U.S. JURISDICTION that will consider a lawful attempt by a creditor (NOT A DEBT COLLECTOR - oh, that's right, we're still trying to teach you that difference as well) as harassment. There is precedence for this in US Circuit Court. Someone sued a creditor for calling once a month as harassment over a period of several years - the court shot it down. My advice to folks reading websites is to ignore folks as you, who post such tripe.

If there is a law you know of to support this statement, please post it as I'm always willing to learn.

At this point, I don't believe you have engaged an attorney. I think your grasping at straws or joking around. Oh, maybe it's different in Georgia, but around here, an attorney licensed to practice law is AN OFFICER OF THE COURT. So this makes your claim that your attorney told you not to file a formal complaint even more unbelievable to me. The only other possibility that makes sense to me is that your attorney wishes to soak you for legal fees while he/she "researches" the matter, rather than you obtaining a definitive answer quickly and for free.

I am in now way trying to discourage you from seeking a legal remedy if you have one. What I'm stating is that my research thru the Georgia AG and DBF websites indicates that the laws you have posted here will not help you with the interest rate of your loan with Cash Call.

***I think you should file a formal complaint with the DBF immediately! You'll get a straight answer about the legallity of the interest rate of your loan in a short period of time. I would send a certified, return receipt requested letter to the DBF and include a printout of your contract with Cash Call.*** The instructions for filing a complaint are on the DBF website.

Ya know, not all laywers are on the up and up. The majority of them are, but a few aren't.

Let us know what happens. Who knows, your attorney might very well become a multi-millionaire over night. The lawyer that nails Cash Call for loans in Georgia is going to find himself/herself very very busy. He/she will probably become tired from turning down all those requests for interviews by CNN, MSNBC, Bloomberg et al.

Good luck.

It doesn't apply to loans below $3,000. The sections that do apply side with Cash Call. You're right not to pay Cash Call anything until you get to court. However, you will be harassed in the process and there's nothing you can do about that because the FDCPA does not apply - do we need to explain it AGAIN to you?

Here is what will happen:

1. Your case will be thrown out because of the GILA sections in GA law that give Cash Call the right to issue you a loan at 98%.
2. Your lawyer will appeal.
3. Cash Call will demand payment right then.
4. Your lawyer will object.
5. The Judge will rule against you because the law is clear and because the judge will believe you'll lose upon appeal.
6. Before you leave the court, you will be making payment arrangements. If you violate those arrangements, they will take you to court until you declare BK.

At some point in the future, your state along with others will ban companies like Cash Call from doing business. It may be years down the line, and you may just get out of Bankruptcy when that happens. But it won't help you now.

Post your case number when the case is filed so we can review what happens. Do not even bother posting again until you receive that information from your lawyer.

My attorney said there are several Georgia Statutes that apply to my case. Georgia has Banking and Industrial Loan sections. He also told me not to pay a dime and to not discuss this matter further. I would STRONGLY advise anyone that has a load with Cash Call not to believe a word they tell you or anyone online that says anything. Check out your local laws. It will not cost you a thing. Also Governors of most states have a consumer protection section that is free.

If you instruct someone not to contact you again and they do, they are guilty of harassment and that is illegal.

I am sure glad I did. When Cash Call took money out of my checking account without my permisison, they broke yet another law. and I am pursuing that.

One section that applies:
GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.

*** Current through the 2007 Regular Session ***

TITLE 7. BANKING AND FINANCE
CHAPTER 4. INTEREST AND USURY
ARTICLE 1. IN GENERAL

O.C.G.A. 7-4-18 (2007)

7-4-18. Criminal penalty for excessive interest


(a) Any person, company, or corporation who shall reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than 5 percent per month, either directly or indirectly, by way of commission for advances, discount, exchange, or the purchase of salary or wages; by notarial or other fees; or by any contract, contrivance, or device whatsoever shall be guilty of a misdemeanor; provided, however, that regularly licensed pawnbrokers, as defined in Code Section 44-12-130, are limited in the amount of interest they may charge only by the limitations set forth in Code Section 44-12-131.

(b) This Code section shall not be construed as repealing or impairing the usury laws now existing but shall be construed as being cumulative thereof.

(c) Nothing contained in Code Section 7-4-2 or 7-4-3 shall be construed to amend or modify the provisions of this Code section.

Curt, there will be no way Debbie's case will ever see a jury. This case will be decided by a judge, who will likely issue a summary judgment against Debbie because she has no case. No court is going to waste time on law that is crystal clear. If Debbie appeals, Cash Call will demand from the court (and get) payment from her on the loan. When the harassment starts, it will be much of the same thing - Debbie will ask the attorney to sue under the FDCPA and the case will be tossed before it ever sees the light of day. Let's remember - the case will be adjudicated based on the existing laws in the state of GA, and the laws clearly are not on Debbie's side. Again - all of this is black and white; there is no gray.

The FDCPA does not matter in her case.

Even if she sues under FDCPA and the judge even allows the threats are played in the courtroom (I doubt that would happen because the judge would rule FDCPA doesn't apply, therefore the tapes are irrelevant), there will be no threats on her life - though I wouldn't be surprised if some idiot at Cash Call suggests to Debbie to turn tricks for the money. If there is no clear and present danger, the court will not intervene.

The FDCPA does not matter in her case.

The only way Debbie will not pay the amount owed to Cash Call is when she decides to file for bankruptcy because she won't be able to pay Cash Call and her attorney at the same time. Debbie is totally and completely misguided in her attempts at interpreting Georgia Law; the fact she doesn't know the difference between a creditor and debt collector is an example of that. It's not a matter of twisting things - she clearly lacks the necessary understanding of the issues.

I've already said it 3 times - I think you get it.

Curt, there will be no way Debbie's case will ever see a jury. This case will be decided by a judge, who will likely issue a summary judgment against Debbie because she has no case. No court is going to waste time on law that is crystal clear. If Debbie appeals, Cash Call will demand from the court (and get) payment from her on the loan. When the harassment starts, it will be much of the same thing - Debbie will ask the attorney to sue under the FDCPA and the case will be tossed before it ever sees the light of day. Let's remember - the case will be adjudicated based on the existing laws in the state of GA, and the laws clearly are not on Debbie's side. Again - all of this is black and white; there is no gray.

The FDCPA does not matter in her case.

Even if she sues under FDCPA and the judge even allows the threats are played in the courtroom (I doubt that would happen because the judge would rule FDCPA doesn't apply, therefore the tapes are irrelevant), there will be no threats on her life - though I wouldn't be surprised if some idiot at Cash Call suggests to Debbie to turn tricks for the money. If there is no clear and present danger, the court will not intervene.

The FDCPA does not matter in her case.

The only way Debbie will not pay the amount owed to Cash Call is when she decides to file for bankruptcy because she won't be able to pay Cash Call and her attorney at the same time. Debbie is totally and completely misguided in her attempts at interpreting Georgia Law; the fact she doesn't know the difference between a creditor and debt collector is an example of that. It's not a matter of twisting things - she clearly lacks the necessary understanding of the issues.

I've already said it 3 times - I think you get it.

Last Time.

""When a creditor calls you they are attempting to collect a debt then they are debt collectors. The law applies.""

The law applies, yes. In the context of the law applying the general restrictions imposed on debt collectors, it does not. The aspect of the FDCPA that applies to both creditors and debt collectors is SECTION 807. False or misleading representations. What this section means is that both creditor and debt collectors have to be honest when the contact you. A creditor who calls you and claims to be "billy bob, esq" attempting to collect the debt is violating the FDCPA. IF you send a cease communications letter to a CREDITOR and that creditor subsequently contacts you, that contact is NOT a violation of the FDCPA although it would be for a debt collector. That's the aspect I'm trying to get you to understand. It's about context. You need to READ the FDCPA. There is a reason that many of the restrictions begin with ""A debt collector may not"""

""Do you reall think I am that stupid? ""

I think you're blinded by your desire to find a way out of this debt. I think you're too lazy to read the laws thoroughly and hope that someone else will do the leg work to bail you out. I think you're rationalizing every scrap of hope that you will prevail.

I actually hope there are SOME LAWS in Georgia that can be used to prevent Cash Call from making loans to folks in Georgia. My point is that the LAW you claim they are violating isn't it.

""THE FDCA applies to ALL 50 states.""

Of course it does and I never said it didn't. It's federal law. This is an example of YOU distorting what folks tell you. What I have stated is that it doesn't apply in the manner you hope it does.

""We will see who is right. They won't get another dime from me unless they lower the interest rate to Georgia Law. Period. ""

I hope there ARE some Georgia laws that can stop them from making loans in Georgia. The law you referred to, the one you posted, and the GILA are NOT the laws to stop them with! The recent rules ( 2007) and opinions of the DBF commission are linked from the DBF website. I read a few. The GILA applies to lenders who are licensed in Georgia or SHOULD BE licensed in Georgia. The rules specifically state that an out of state lender who is insured by the FDIC is NOT REQUIRED to be licensed in Georgia, thus the GILA does not apply.

You're credit score will be lowered when they report the delinquency.

Here's something you should try:

File a FORMAL COMPLAINT with the Georgia Department of Banking and Finance about Cash Call and FBOD based on the 99% interest rates they charge. Hopefully, the DBF will send you a reply that either explains why the interest rate is legal or the commissioner will issue a "cease and desist" order to Cash Call and FBOD. Doing this will cost you nothing except your time.

""I hope they do call and harass me, in fact I pray they do because a lawsuit can be filed.""

Yes a civil lawsuit can be filed against anyone for anything. WINNING the lawsuit is another matter! Additionally, whenever you sue someone, you open the door for a countersuit. You need to have your ducks lined up all nice and neatly.

Harassment is illegal (regardless of the FDCPA) and I could give you some pointers on how to set the stage to successfully sue them for harassment. There has been several instances where I have gone to court as a witness for the debtor.

Last remarks:

""There are many states that do not allow court costs to be absorbed by clients who take out loans with no credit check. Those costs are absorbed by the lending party- but if the collection activity is not civil watch your actions... Threats above what a lender can and an't do are touchy territory -
A consumer can and will beat you at your game -
So go ahead and say FDCP does not matter...""

Indeed, many consumers have beaten debt collectors at their game. I have files going back 25 years to establish that fact. It's about setting the stage for a successful civil suit and/or, criminal prosecution, and applying the applicable laws properly.

I gave Debbie the link to Georgia's DBF. She should submit a written complaint about the 99% interest rate of the loan to the Commissioner of the DBF and request a written reply. HOPEFULLY, there are OTHER Georgia laws that will stop CC and FBOD from making loans to Georgia residents and the reply to her complaint may very likely inform her and her "consumer advocate" what those laws are. The Georgia DBF website WELCOMES inquiries and complaint, yet she doesn't appear to have done that! She'd rather call people liars, and distort what folks are telling her than actually take a proactive approach to her delima.

As to her lawyer telling her to NOT make a complaint, I could write a few words about that as well, but I'll only write one unbelievable (or incompetent). Oops, that was 3 words.

1st party may not be bound by FDCP act but regardless, threats are unfounded when applied to a consumer and not followed through with. It is a matter of common courtesy - A recording before a judge if you do go to court (A loan company in sub-prime lending should know) it will make you look like common crooks. If your collection practices cross the line it does not matter if you are 1st party collectors or third...
There are many states that do not allow court costs to be absorbed by clients who take out loans with no credit check. Those costs are absorbed by the lending party- but if the collection activity is not civil watch your actions... Threats above what a lender can and an't do are touchy territory -
A consumer can and will beat you at your game -
So go ahead and say FDCP does not matter...

'When a creditor calls you they are attempting to collect a debt then they are debt collectors. The law applies.'

No, when a creditor sells the collection to an outside company, that outside company is considered a debt collector. Creditor is and always remains a creditor since they own the value of the loaned asset. It's right there in the web page you linked to.

'You guys just cruise these site to circumvent problems for Cash Call. It won't work with me. You work in tandem. Do you reall think I am that stupid? '

Usually I read and (infrequently) post about problems with Palisades, health insurance (Mega and discount plans), Asset Acceptance or AFNI because I enjoy exchanging good information with Steve from Bradenton and Robert from Buffalo. I see Steve has not bothered to even comment on this thread. I won't comment on the last part.

I can say that I have only ever posted in the CC threads on this thread, and mainly because I am trying to be helpful, as are the others. You can look it up I guess, as also with the others here. Seriously, why would a cash call employee be participating in posts about companies like AFNI, Mega Life and so on??

I work for myself and am not employed by any company (I actually own the company and don't waste my time with hiring employees) and have no relationship with any of the companies I mentioned above nor would I ever think about borrowing money from a company like cash call. I had an issue with Palisades a few years back which brought me to reading the ROR. I've learned a lot from guys like Robert and Steve (and Tim the lawyer from Indiana). I am in agreement with you that cash call appears to be a predatory lender making a killing off of the backs of desperate people. I am no fan of businesses who take advantage of people.

'THE FDCA applies to ALL 50 states.'

Yes it does. And in California there is an even further state law (Rosethal FDCPA) that prohibits first party creditors from engaging in the things FDCPA prohibits from third party collectors.

'I dropped my paperwork off with my attorney and the law does apply. '

Perhaps, although I did find Robert's research to be pretty thorough.

'Georgia has Predatory lending laws and Cash Call and Bank of Delware are in violation of those laws.'

All states have predatory lending laws, however how each state enforces them is different. They may be, and maybe you can find out how and get yourself in a better position.

'We will see who is right. They won't get another dime from me unless they lower the interest rate to Georgia Law. Period. '

Again, if you can prevail that is fine, but you should consider keeping your credit rating from getting dinged by them while you do it.

'I hope they do call and harass me, in fact I pray they do because a lawsuit can be filed.'

From everything I have read on ROR about them, they are going to call and harrass you. It sounds like they are very good at it.

It seems to me that you are simply mad because no one is telling you what you WANT to hear. If you had any sense at all, you'd take heed to what Jim and Robert are telling you!!! You haven't a leg to stand on, and to answer your question when you asked do you look that stupid? I'm sorry, but you have not shown any evidence to the contrary. You have a debt and you don't want to pay. Plain and simple. You are looking for an out and you are wasting time and MORE MONEY looking for it. Is the interest rate high? Yes!! Is it legal? Yes!!! Why? Because people keep walking in their doors. Its a no brainer. Good luck, and do let us know how its going.

When a creditor calls you they are attempting to collect a debt then they are debt collectors. The law applies. You guys just cruise these site to circumvent problems for Cash Call. It won't work with me. You work in tandem. Do you reall think I am that stupid?

THE FDCA applies to ALL 50 states.

I dropped my paperwork off with my attorney and the law does apply.

Georgia has Predatory lending laws and Cash Call and Bank of Delware are in violation of those laws.

We will see who is right. They won't get another dime from me unless they lower the interest rate to Georgia Law. Period.

I hope they do call and harass me, in fact I pray they do because a lawsuit can be filed.

Robert - that was excellent information and I hope everyone reads and follows the links to see the information you provided. Very well done!!

Debbie - you have nowhere to go on this one. The FDCPA doesn't apply to Cash Call and information provided by Robert from the GA website indicates the laws are against you, and the ones you want to apply aren't relevant. It sounds like you simply don't have the money - otherwise you would be paying them what you owe. If you have the money, then you better start paying again. Having your credit report trashed will insure (1) you'll never get a decent job, (2) you'll never get a decent place to live, (3) you'll never be able to finance a car, (4) you'll never be able to obtain credit with an APR of less than 20%, and so on. If you're attorney actually thought you had a case, then you need a new attorney because the information Robert found made you case a dead bang loser.

If people want Cash Call to go out of business - the best way is for no one to ever use them ever again. They can't make money when no one goes to them for a loan. Figure out a way to pay off the loan in full and move on.

Thanks for that link - if you actually read that page it specifically differentiates between "creditor" and "debt collector". Everything you are talking about in terms of cease this and that is specifically applied to "debt collectors" but not creditors.

CC is a "creditor", not a "debt collector".

I think you have made up your mind on this and are not going to do anything but argue with anyone who is trying to help you. So be it. Good luck to you in your life. And insulting people makes you seem someone nobody should bother with.

Debbie, you claimed you were going to contact your attorney general's office and no one was going to stop you. Then, oops, you're not. Does that make you a liar too?

You are gravely mistaken.

Mistake #1. The law you posted in your OP does not apply to Cash Call or First Bank of Delaware. Why? Because the law you quote specifically has exemptions.

Loans under $3000 are governed by the Georgia Industrial Loan Act.

The GILA has an exemption. What is it? Any FDIC insured bank is exempt - say hello to First Bank of Delaware, FDIC. What this means is that Georgia does NOT regulate ALL banks and lenders.

#2. The FDCPA does NOT apply to CREDITORS. Why? Because the FDCPA itself states so.

Now to the proof I've what I'm telling you.

Proof #1. From the paragraph YOU posted: ""(2) Where the principal amount involved is $3,000.00 or less, such rate shall not exceed 16 percent per annum simple interest on any loan, advance, or forbearance to enforce the collection of any sum of money unless the loan, advance, or forbearance to enforce the collection of any sum of money is made pursuant to another law.""

See the word "UNLESS?"" Now read the words that follow "unless." This is called a loophole. The "other law" in this case is the GILA.

Now the GILA says; "" 7-3-6. Exemptions from chapter

This chapter shall not apply to businesses organized or operating under the authority of any law of this state or of the United States relating to banks, trust companies, real estate loan or mortgage companies, federal savings and loan associations, Georgia building and loan associations, credit unions, and pawnbrokers or to the transactions of such businesses, which businesses are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. This chapter also shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. It is expressly provided that no bank, trust company, national bank, insurance company, or real estate loan or mortgage company authorized to do business in this state shall be required to obtain a license under this chapter nor shall the University System of Georgia or its educational units or private colleges and universities in this state and associations thereof be required to obtain a license under this chapter. It is further provided that persons making loans and charging interest thereon at a rate of not more than 8 percent simple interest per annum shall not be subject to this chapter or required to obtain a license under this chapter.""

See the exception???

Georgia law applies. Unfortunately for you, Georgia law has chosen not to regulate a bank that falls under federal banking regulations and/or is insured by FDIC. Hence, the state of Georgia DOES NOT regulate First Bank of Delaware, and thus FBOD can charge any interest rate it likes.

Don't take my word for any of this. The Georgia Department of Banking and Finance has a website:

http://dbf.georgia.gov/00/article/0,2086,43414745_46389324_70709483,00.html

On the main page, http://dbf.georgia.gov you can find links to the laws and applicable rulings. Further, the Georgia DBF commissioner has issued "cease and desist" orders to many banks throughout the COUNTRY for violating Georgia laws for lending practices (including usurious interest rates.) The listing is right there on a link at http://dbf.georgia.gov

As long as this "cease and desist" listing is, neither Cash Call or First Bank of Delaware are listed. So, evidently, the Commissioner of the Georgia Department of Banking and Finance does not believe the interest rates that CC charges are violating Georgia laws.

You do, IMO, have a VALID complaint because they took money from your bank account without authorization. You need to go to http://dbf.georgia.gov
There is a link on the DBF website for filing a complaint - use it! It will help you file a complaint with the appropriate Georgia authorities for this unauthorized debit to your account.

Mistake #2. Since you already have a valid link for the FDCPA, READ SECTION 803 DEFINITIONS. The FDCPA does not apply to CREDITORS. The ONLY exception is California because of a California statute called the Rosenthal FDCPA.

Mistake #3. You stopped paying them. I think this is a mistake as well. I don't know who advised you to stop paying but you should know that they will report to the CRAs your delinquentcy, and the reporting WILL STICK. You don't pay, they report - legal and correct per the Fair Credit Reporting Act.

Mistake #4. You mistakenly believe that anyone who doesn't agree with you is a shill for Cash Call or you call him/her a liar. That's too bad for you, because several folks, including myself, have tried to give you good information to help you. I think your first choice, to continue paying them while you research the matter was the wisest - at least you weren't doing anything to make your credit score WORSE. But alas, that choice is yours, and it's your right to trash your credit score if you so choose.

I've given you the website I used to start researching this matter. I suggest you check it yourself. Too bad for you that this "consumer advocate" and "attorney" you claim to have advising you can't seem to do a simple web search to get accurate information.

Good luck. You're going to need it.

Debbie, you claimed you were going to contact your attorney general's office and no one was going to stop you. Then, oops, you're not. Does that make you a liar too?

You are gravely mistaken.

Mistake #1. The law you posted in your OP does not apply to Cash Call or First Bank of Delaware. Why? Because the law you quote specifically has exemptions.

Loans under $3000 are governed by the Georgia Industrial Loan Act.

The GILA has an exemption. What is it? Any FDIC insured bank is exempt - say hello to First Bank of Delaware, FDIC. What this means is that Georgia does NOT regulate ALL banks and lenders.

#2. The FDCPA does NOT apply to CREDITORS. Why? Because the FDCPA itself states so.

Now to the proof I've what I'm telling you.

Proof #1. From the paragraph YOU posted: ""(2) Where the principal amount involved is $3,000.00 or less, such rate shall not exceed 16 percent per annum simple interest on any loan, advance, or forbearance to enforce the collection of any sum of money unless the loan, advance, or forbearance to enforce the collection of any sum of money is made pursuant to another law.""

See the word "UNLESS?"" Now read the words that follow "unless." This is called a loophole. The "other law" in this case is the GILA.

Now the GILA says; "" 7-3-6. Exemptions from chapter

This chapter shall not apply to businesses organized or operating under the authority of any law of this state or of the United States relating to banks, trust companies, real estate loan or mortgage companies, federal savings and loan associations, Georgia building and loan associations, credit unions, and pawnbrokers or to the transactions of such businesses, which businesses are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. This chapter also shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly excluded from regulation under this chapter and exempted from the operation of its provisions. It is expressly provided that no bank, trust company, national bank, insurance company, or real estate loan or mortgage company authorized to do business in this state shall be required to obtain a license under this chapter nor shall the University System of Georgia or its educational units or private colleges and universities in this state and associations thereof be required to obtain a license under this chapter. It is further provided that persons making loans and charging interest thereon at a rate of not more than 8 percent simple interest per annum shall not be subject to this chapter or required to obtain a license under this chapter.""

See the exception???

Georgia law applies. Unfortunately for you, Georgia law has chosen not to regulate a bank that falls under federal banking regulations and/or is insured by FDIC. Hence, the state of Georgia DOES NOT regulate First Bank of Delaware, and thus FBOD can charge any interest rate it likes.

Don't take my word for any of this. The Georgia Department of Banking and Finance has a website:

http://dbf.georgia.gov/00/article/0,2086,43414745_46389324_70709483,00.html

On the main page, http://dbf.georgia.gov you can find links to the laws and applicable rulings. Further, the Georgia DBF commissioner has issued "cease and desist" orders to many banks throughout the COUNTRY for violating Georgia laws for lending practices (including usurious interest rates.) The listing is right there on a link at http://dbf.georgia.gov

As long as this "cease and desist" listing is, neither Cash Call or First Bank of Delaware are listed. So, evidently, the Commissioner of the Georgia Department of Banking and Finance does not believe the interest rates that CC charges are violating Georgia laws.

You do, IMO, have a VALID complaint because they took money from your bank account without authorization. You need to go to http://dbf.georgia.gov
There is a link on the DBF website for filing a complaint - use it! It will help you file a complaint with the appropriate Georgia authorities for this unauthorized debit to your account.

Mistake #2. Since you already have a valid link for the FDCPA, READ SECTION 803 DEFINITIONS. The FDCPA does not apply to CREDITORS. The ONLY exception is California because of a California statute called the Rosenthal FDCPA.

Mistake #3. You stopped paying them. I think this is a mistake as well. I don't know who advised you to stop paying but you should know that they will report to the CRAs your delinquentcy, and the reporting WILL STICK. You don't pay, they report - legal and correct per the Fair Credit Reporting Act.

Mistake #4. You mistakenly believe that anyone who doesn't agree with you is a shill for Cash Call or you call him/her a liar. That's too bad for you, because several folks, including myself, have tried to give you good information to help you. I think your first choice, to continue paying them while you research the matter was the wisest - at least you weren't doing anything to make your credit score WORSE. But alas, that choice is yours, and it's your right to trash your credit score if you so choose.

I've given you the website I used to start researching this matter. I suggest you check it yourself. Too bad for you that this "consumer advocate" and "attorney" you claim to have advising you can't seem to do a simple web search to get accurate information.

Good luck. You're going to need it.

It applies to ANY creditor. I can gurantee that if they harass me I wi ll take legal action.

ftc.gov/os/statutes/fdcpa/fdcpact.htm

Fair Debt Act does not apply to first party creditors except in California. They can contact you as often as they wish and do not need to heed any cease communications requests. FDCPA only applies to third party debt collectors.

Class action, why? You know what you get from a CA? Coupons. The lawyers get all of the money.

I hope that everything works out for you on this but seriously, not paying is only going to damage your credit rating. It's not whether they sue you, and they might, it's what they will do to your FICO scores.

The fact the loan was underwritten by a bank is irrelevant. Your loan is not with the underwriter. Your loan is with Cash Call. Cash Call can issue loans without being considered a bank.

Your better action against them is to determine if there was any fraud in the paperwork. You'd still be liable for the principal of the loan, but you might be forgiven for the interest, though you will have the legal fees to pay, which may amount to as much as the interest.

Debbie, the FDCPA applies only to 3rd party collection agencies. Cash Call is a 1st party collector, therefore the FDCPA does not apply to them either. They can harass, call anyone you know, and violate everything in the FDCPA. Doesn't matter because they're not subject to the FDCPA. In California, they have their own version of the FDCPA that applies to 1st parties, but the state of Georgia does not.

Like the others, Cash Call has all of the angles covered on this and wins every single time. You can try, but you're covering ground already walked by others.

These online lenders make loans illegally across state lines because they are claiming in the Federal Court system that only the laws of the state they are in apply. That is why you see so many in South Dakota and Delaware. They have not won but they are challenging it in the courts. The Eleventh Circuit Court here in Atlanta have upheld the laws here in Georgia. They try to bluff people into not pursuing any action. They try to bluff people into thinking they won't win in court. They are wrong.

My attorney told me to hold off on the Attorney General because he is looking into a class action lawsuit.

I had thought about continuing to pay Cash Call until things were filed but was advised not to. I am not paying Cash Call another dime. I welcome them to file a suit against me here in Georgia. If I am contacted I will let them know not to contact me further and it they do they will be breaking the Debt Collection Act.

Another matter is that they illegally took money from my checking account without my permission.

Does not apply to first party creditors (except in California under Rosenthal). Cash Call is not required to comply with FDCPA rules since they are a first party, not third party.

As an ex-employee of the company, I can tell you one thing - CashCall knows all of the legal loop holes and intends on working each and every angle to their benefit. The President and owner Mr. Paul Reddam is not a millionaire for nothing...He's extremely business savvy. I've looked over numerous ripoff reports and see the same complaint, "I got a loan from CashCall, I fell behind on my payment, or my interest rate is obscene, or the collectors won't stop calling my house/work, I'm going to sue, blah, blah blah." There's a reason I don't work for this company any longer and my sympathy goes out to those taken advantage of. On the other hand, there are many borrowers out there, some that I assisted personally, that are/were fully aware of all rates and payment schedules that flat out decided they didn't want to pay back what they borrowed.

I'm sorry but it is what it is. You need to stop taking money and not paying it back. For those of you legitimately taken by CashCall, you may find what I've written below to be interesting...

Oh, and FYI, if you share in any of those complaints I've listed above you will win nothing in any type of lawsuit. Absolutely nothing. Here's what could help many...

There are a number of loan programs the company offers within the various loan amounts. Generally, it's broken up into two main categories. NIV loans and Full doc loans. NIV standing for 'No Income Verification' (a loan agents favorite loan) and full doc referring to full income documentation. There are many factors that come into play when determining which of the two a borrower or potential borrower qualifys for. Credit (not only score but the different tradelines within the credit report), job title, stated income (or proven through documentation), residual, etc. Residual is very important because a person can have decent credit but if the residual income is too low to cover the loan's high minimum payment the loan app will not be qualified. Something to keep in mind...CashCall loan agents are paid based on commission and the commission is based on tier-levels. Speaking to that, almost every single loan agent is doing anything they can, regardless if it's "shady", to reach that next tier in pay. Here's an example: A borrower calls in and decides to complete and application. Let's say this person works at a grocery store. The borrower mentions to the agent he pays $1,000/month in rent, makes $1,300/month gross and says he thinks his credit is OK. When the agent asks their job title the person responds "Clerk," but the agent (in hopes that the loan will not require income verification, NIV) enters into the job title space of the application "Supervisor." With $1,300 in income and $1,000 in rent the borrower at this point only has $300 residual before running the credit. If the borrower has any other credit commitments such as minimum credit card payments he would not qualify and the agent would have no chance of getting the loan through. Instead of putting $1,300/month as the borrower's income agents were trained to "bump it" to a larger amount to be consistent with the false job title. Let's say $3,000 in this case. After running the app, the agent sees that the borrower does qualify for an NIV loan and the falsely stated income and job title are the key factors...

This is what everyone who has an outstanding loan with CashCall should be concerned about not their rates; they're totally legal. This way of getting loans through is practiced daily by the company and most people that took the loan and can't afford it shouldn't have gotten approved in the first place...It's very likely that your loan agent falsified your application. THIS IS WHAT YOU SHOULD BE LOOKING IN TO.

Debbie, I'm a self employed computer consultant and I have over 25 years experinece voluntarily helping folks with credit issues. I don't work for cash call. If you search this site, you will see that I don't like cash call one bit and I dislike law breaking debt collectors even less.

I didn't even bother to point out that the section of law you refer to is applicable to banks. My point was to wish you luck pressing the issue.

The reality is that many folks have tried to go up against the interest rates Cash Call charges and failed. You might very well be first and I hope you will be. I did research the section of law you refered to and I don't see how it applies to them, but then I'm not a lawyer. Cash Call seems to have covered their butts very well.

This is not my opinion - it's a fact. Read all the reports here and elsewhere on the web - NO ONE has successfully stopped their usurious interest rates. There are 7 states that Cash Call does NOT grant loans - those states have laws that forbid the interest rates that Cash Call uses.

I think it is reasonable to conclude that if Cash Call was smart enough to research the laws of other states so that they DON'T violate usury laws of the 7 States that don't allow those rates, that it is very likely that they researched Georgia law as well and the rates they charge are most likely legal in Georgia.

They may be wrong, but based on what's been going on with Cash Call for the last few years, I don't think they are.

Today is Tuesday. Please tell us how it went with your State Attorney General yesterday.

A Delaware Bank underwrote the transaction. The law does apply and I am pursuing legal action. I have talked to the Attorney and he also mentioned another code section that applies as well. The can not skirt the issue or the laws...

I am not paying another dime to them. Let them take me to court in Georgia under Georgia laws ... Under the Fair Debt Collection Act the debtor has the option to tell the creditor not to contact them again. If the creditor does they are in violation of the act....

The question isn't whether they have to comply with GA law; the question is whether they have to comply with the section you cited. Since they aren't a bank (their funds are only guaranteed by a bank) under any law in any state, Title 7 does NOT APPLY to them. Your lawyer is going to come back to you that what you're trying to assert doesn't apply. He will tell you (1) that you have to pay the loan at the interest rate of 98% because it's not illegal for a non-banking entity to do it, or (2) findi something else in GA law. What you've provided though is not applicable to the situation you're in.

And I think it's a symptom of insanity whenever the oppressed start believing in conspiracy theories - starting with the OP believing somehow that anyone who responds here must be an employee of cash call. No one here is.

Sigh! Neither Robert nor I work for Cashcall or any other company listed on ROR. We have been on same threads together a few times trying to help people out.

I think our point was that CC does not underwrite loans in GA, therefore you would want to focus your legal action on First Deleware, not CC since it is they who are the lender.

But, do what you want....

I spoke with an attorney and since I am a resident of Georgia they are subject to Georgia laws. I am pursuing action. Tell me, how long have you worked for Cash Call?

Loans in GA are underwritten by First Bank of Delaware, not Cash Call. Cash Call only underwrites loans in four states (all western) and the remainder of the states that they do loans in are underwritten by First Bank of Delaware.

in Georgia, Cash Call is a marketing partner of First Bank of Delaware. You may have applied online with Cash Call but as their website states, your loan was ""underwritten and funded by First Bank of Delaware.""

I can't help but believe that Cash Call and First Bank of Delaware have thoroughly researched the matter before offering their usurious loan rates in Georgia. They seem to cover their legal butts very well.

I hope you prevail.

Good luck.

And please let us know what you learn from your attorney and the Georgia Attorney General office.

Debbie - you can certainly try, but you probably have nowhere to go. There are 7 states in the US that still recognize usury laws and if you try to get a Cash Call loan online in any of those states, Cash Call will not issue a loan to you. If you indeed obtained your loan through the internet, it means the loan you received is not subject to the 16% limitation cited in the law. I suspect the problem you may run into is this:

.....unless the loan, advance, or forbearance to enforce the collection of any sum of money is made pursuant to another law.

Because Cash Call is not a Bank as defined under all Federal and State laws, the laws you cite may not be applicable to your loan situation. These guys have all of the angles covered, which is why they suck for consumers; you should contact a lawyer, but I suspect the lawyer is going to tell you that you don't have any action against them - certainly not against them using the statutes you're citing.

Best of Luck.

I am contacting an attorney and the Georgia Attorney General. Most attornies have free consultation where I live so it will cost nothing.The law does apply here because I am a resident of Georgia and was when the loan was taken out. If you go to most online payday lender sites, they will tell you they do not make loans in Georgia.

Cash Call may be located in California, but if they do business in Georgia, they are subject to its laws. Just like if an out of state insurance company does business in Georgia, they are subject to its rules and regulations via the State Insurance Commissioner.

debbie

The 11th US Circuit opinion dealt with Georgia stores that contracted with banks located outside the state. This is not what happened here. Cash Call is considered a "brick and morter" company that operates solely on the internet and has no sales offices in Georgia. They are based in California. So technically, she was dealing with an out-of-state vendor with no in-state connection. That's why I don't believe the opnion is valid in this situation.

I would never advocate not contacting a Georgia attorney to determine if there is an action that can be taken. I hope I am wrong on this, actually. I know Georgia payday loan laws are tougher and I wished all states cared about their residents enough to pass tougher laws to stop these predators charging up to 99% interest. I personally would like to see these predators and all like them shut down.

The 11th US Circuit opinion dealt with Georgia stores that contracted with banks located outside the state. This is not what happened here. Cash Call is considered a "brick and morter" company that operates solely on the internet and has no sales offices in Georgia. They are based in California. So technically, she was dealing with an out-of-state vendor with no in-state connection. That's why I don't believe the opnion is valid in this situation.

I would never advocate not contacting a Georgia attorney to determine if there is an action that can be taken. I hope I am wrong on this, actually. I know Georgia payday loan laws are tougher and I wished all states cared about their residents enough to pass tougher laws to stop these predators charging up to 99% interest. I personally would like to see these predators and all like them shut down.

The 11th US Circuit opinion dealt with Georgia stores that contracted with banks located outside the state. This is not what happened here. Cash Call is considered a "brick and morter" company that operates solely on the internet and has no sales offices in Georgia. They are based in California. So technically, she was dealing with an out-of-state vendor with no in-state connection. That's why I don't believe the opnion is valid in this situation.

I would never advocate not contacting a Georgia attorney to determine if there is an action that can be taken. I hope I am wrong on this, actually. I know Georgia payday loan laws are tougher and I wished all states cared about their residents enough to pass tougher laws to stop these predators charging up to 99% interest. I personally would like to see these predators and all like them shut down.

The 11th US Circuit opinion dealt with Georgia stores that contracted with banks located outside the state. This is not what happened here. Cash Call is considered a "brick and morter" company that operates solely on the internet and has no sales offices in Georgia. They are based in California. So technically, she was dealing with an out-of-state vendor with no in-state connection. That's why I don't believe the opnion is valid in this situation.

I would never advocate not contacting a Georgia attorney to determine if there is an action that can be taken. I hope I am wrong on this, actually. I know Georgia payday loan laws are tougher and I wished all states cared about their residents enough to pass tougher laws to stop these predators charging up to 99% interest. I personally would like to see these predators and all like them shut down.

(2) Where the principal amount involved is $3,000.00 or less, such rate shall not exceed 16 percent per annum simple interest on any loan, advance, or forbearance to enforce the collection of any sum of money unless the loan, advance, or forbearance to enforce the collection of any sum of money is made pursuant to another law.

You are wrong . According to your logic then why don't lenders make payday loans in Georgia? They don't because they are bound by the 16%. You are not fooling anyone. I WILL contact the Georgia Attorney General in the morning and nothing you or anybody says or does will prevent that.

The rate is 7% unless there is a written contract but the written contract can not exceed 16%.

Nikki and Faron,
While I do not know this woman's particulars...your arguements/suggestions may not be correct. If you follow the included link, you will find that the U.S 11th Circuit court UPHELD Ga.'s predatory payday lending laws against an out of state based lender. I m not, as stated above, familar with the particulars of the OP's case facts...but I suggest she spend the 75 bucks to have a Ga. lawyer tke a look. She MIGHT have a claim. The "payday" loan industry has long been a shady and decieftful industry, preying on those that are not able to avail themselves of more standard lines of credit. This does not mean that these people do not deserve protection from unfair lending practices.

(((link redacted)))

Cash Call tries to circumvent the State code by being a "rent-a-bank"...and the precedent for prosocution was upheld. It would be up to a lawyer in Ga. to make the call if she has a case. Just my opinion.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

I have done research and asked a consumer advocate specialist. I reside in Georgia and Georgia law applies. Pay Day Loans that you can obtain online do not do business with Georgia because of the restriction on the interest rates here. Cash Call either is such an unscrupulous company that they took a risk thinking people were too stupid to check it out or they did not do their research into what is allowed here.

I am not trying to get out of paying them . I will pay them the interest rate allowed by Georgia law. I see they are an unscrupulous company and I am taking action. I am contacting the Georgia Attorney General's office and let them know about the interest rate. I have been encouraged to file a class action lawsuit and that is something I am looking at. I also want something done about them obtaining fradulant use of funds in my checking account. They did not have my permissions to do so.

I am not someone that backs away from a fight and they made me angry and caused me to research the company when they took money out of my checking account.

This company needs to be put out of business and they picked the wrong person to mess with...

(a)(1)(A) The legal rate of interest shall be 7 percent per annum simple interest where the rate percent is not established by written contract.

There was a written contract. You just failed to due your due diligence and read it. I don't, in any way, conduct these bottom feeder fast loan scams but if you think for a second that you are the only one who knows the law and they don't; then you are sadly mistaken.

(a)(1)(A) The legal rate of interest shall be 7 percent per annum simple interest where the rate percent is not established by written contract.

There was a written contract. You just failed to due your due diligence and read it. I don't, in any way, conduct these bottom feeder fast loan scams but if you think for a second that you are the only one who knows the law and they don't; then you are sadly mistaken.

(a)(1)(A) The legal rate of interest shall be 7 percent per annum simple interest where the rate percent is not established by written contract.

There was a written contract. You just failed to due your due diligence and read it. I don't, in any way, conduct these bottom feeder fast loan scams but if you think for a second that you are the only one who knows the law and they don't; then you are sadly mistaken.

Do some more research before you refuse to pay them. Try to find the answers to the following:

First, just because Georgia law has certain limitations, if Cash Call is not registered in Georgia, they may not have to abide by Georgia laws. For example, I recently got health insurance whose policy stated even though they are registered to sell insurance in my state, they are governed by the laws of another state. Each state has different laws about this. You may have a problem due to the last line of your post (C2).

Second, by getting the loan online, even though they sent you the check in Georgia, you went to "their house" to get the loan. I'm not sure about this one, you need to look into it further.

Third, I think there are only a few states that have laws disallowing these type of loans. I have heard these types of loans are not regulated at all which is why they have been getting away with it. Until regulation of these loans comes about, I don't think you can refuse to pay them without ramifications.

Do some more research before you refuse to pay them. Try to find the answers to the following:

First, just because Georgia law has certain limitations, if Cash Call is not registered in Georgia, they may not have to abide by Georgia laws. For example, I recently got health insurance whose policy stated even though they are registered to sell insurance in my state, they are governed by the laws of another state. Each state has different laws about this. You may have a problem due to the last line of your post (C2).

Second, by getting the loan online, even though they sent you the check in Georgia, you went to "their house" to get the loan. I'm not sure about this one, you need to look into it further.

Third, I think there are only a few states that have laws disallowing these type of loans. I have heard these types of loans are not regulated at all which is why they have been getting away with it. Until regulation of these loans comes about, I don't think you can refuse to pay them without ramifications.

Do some more research before you refuse to pay them. Try to find the answers to the following:

First, just because Georgia law has certain limitations, if Cash Call is not registered in Georgia, they may not have to abide by Georgia laws. For example, I recently got health insurance whose policy stated even though they are registered to sell insurance in my state, they are governed by the laws of another state. Each state has different laws about this. You may have a problem due to the last line of your post (C2).

Second, by getting the loan online, even though they sent you the check in Georgia, you went to "their house" to get the loan. I'm not sure about this one, you need to look into it further.

Third, I think there are only a few states that have laws disallowing these type of loans. I have heard these types of loans are not regulated at all which is why they have been getting away with it. Until regulation of these loans comes about, I don't think you can refuse to pay them without ramifications.

I am a resident of Georgia and was when the loan was taken out. It was done via their internet site and telephone. They knew I was a resident of Georgia because it was on the paperwork submitted online. Georgia law does apply here. That is something I verifed after research. I will find out what Georgia's Attoreny General has to say on Monday as nothing is going to prevent me from contacting them. They also took money from my checking account and they did not have permission to do so.

If the compny lends money in the State of Georgia, then it is subject to the O.C.G.A. regardless of where it is "based" at! I do not know this person's particulars, but the Ga. law will apply!

CashCall is out of CA, so how do you figure GA law will help you? Plus, you agreed to the terms/interest of the loan when you took it, but now you're crying foul? This ought to be good!!! Good luck with it, but I think you are wasting your time!