Okla. Stat. tit. 59, § 59-3150.10
This is the official text of Okla. Stat. tit. 59, § 59-3150.10, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Limits on loan fees, interest rates, loan to income
Official statutory text
ratios – Payment methods.
A. A licensee authorized to make small loans under this act may
charge and collect fees in a manner consistent with this section.
B. A licensee may only charge and collect a periodic interest
rate not to exceed seventeen percent (17%) per month unless
otherwise provided by this title.
C. The maximum aggregated principal loan amount of all small
loans outstanding across all licensees per customer shall be One
Thousand Five Hundred Dollars ($1,500.00) and adjusted every other
year by the Administrator of the Department of Consumer Credit to
reflect the percentage changes in the Consumer Price Index published
by the Bureau of Labor Statistics of the Department of Labor. To
ensure that the maximum aggregated principal amount is not exceeded,
the licensee shall verify outstanding amounts by using a private
database approved by the Administrator. To comply with the
verification required under this act, a lender may be charged a fee
by the database provider not to exceed Two Dollars and twenty cents
($2.20) for each full or partial 30-day period that a balance is
scheduled to be outstanding.
D. 1. Notwithstanding the maximum aggregate loan amount
established in subsection C of this section, a lender is prohibited
from making a small loan if the total scheduled payments coming due
in a month exceeds twenty percent (20%) of the borrower's gross
monthly income.
2. For the purposes of determining a borrower's gross monthly
income under this subsection, a lender shall obtain and maintain
documentation of the borrower's proof of income or third-party
verification of all income considered in making the borrower's gross
monthly income determination.
3. For the purposes of this subsection, "month" means a period
extending from a given date in one (1) calendar month to the same
date in the succeeding calendar month; or if there is no same date
in the succeeding calendar month, the last day of the succeeding
calendar month.
E. Any small loan under this act shall require payment in the
form of cash, money order, debit card, prepaid credit card,
automated clearinghouse debit (ACH payment), remotely created check
debit (RCC payment) or any other instrument for payment of money on
or after the due date of each billing cycle. If the borrower
chooses to authorize the electronic payment of money, the lender:
Oklahoma Statutes - Title 59. Professions and Occupations Page 1527
1. Must get written authorization from the borrower to
establish the debit;
2. Must give written notice to the borrower before the initial
funds are transferred;
3. Must get additional written approval from the borrower after
a second failed attempt to make a loan payment due to insufficient
funds; and
4. Is permitted to provide electronic written notices to the
borrower as long as the borrower consents to electronic
communications.
F. If a customer defaults under the terms of a small loan and
the licensee refers the customer's account to an attorney for
collection, the licensee may, if the small loan so provides, charge
and collect from the customer a reasonable attorney fee not to
exceed fifteen percent (15%) of the outstanding amount.
G. If a check, ACH payment or RCC payment is returned to a
licensee from a payor financial institution due to insufficient
funds, a licensee shall have the authority to assess a twenty-five-
dollar fee against the maker or drawer of the returned check.
A. A licensee authorized to make small loans under this act may
charge and collect fees in a manner consistent with this section.
B. A licensee may only charge and collect a periodic interest
rate not to exceed seventeen percent (17%) per month unless
otherwise provided by this title.
C. The maximum aggregated principal loan amount of all small
loans outstanding across all licensees per customer shall be One
Thousand Five Hundred Dollars ($1,500.00) and adjusted every other
year by the Administrator of the Department of Consumer Credit to
reflect the percentage changes in the Consumer Price Index published
by the Bureau of Labor Statistics of the Department of Labor. To
ensure that the maximum aggregated principal amount is not exceeded,
the licensee shall verify outstanding amounts by using a private
database approved by the Administrator. To comply with the
verification required under this act, a lender may be charged a fee
by the database provider not to exceed Two Dollars and twenty cents
($2.20) for each full or partial 30-day period that a balance is
scheduled to be outstanding.
D. 1. Notwithstanding the maximum aggregate loan amount
established in subsection C of this section, a lender is prohibited
from making a small loan if the total scheduled payments coming due
in a month exceeds twenty percent (20%) of the borrower's gross
monthly income.
2. For the purposes of determining a borrower's gross monthly
income under this subsection, a lender shall obtain and maintain
documentation of the borrower's proof of income or third-party
verification of all income considered in making the borrower's gross
monthly income determination.
3. For the purposes of this subsection, "month" means a period
extending from a given date in one (1) calendar month to the same
date in the succeeding calendar month; or if there is no same date
in the succeeding calendar month, the last day of the succeeding
calendar month.
E. Any small loan under this act shall require payment in the
form of cash, money order, debit card, prepaid credit card,
automated clearinghouse debit (ACH payment), remotely created check
debit (RCC payment) or any other instrument for payment of money on
or after the due date of each billing cycle. If the borrower
chooses to authorize the electronic payment of money, the lender:
Oklahoma Statutes - Title 59. Professions and Occupations Page 1527
1. Must get written authorization from the borrower to
establish the debit;
2. Must give written notice to the borrower before the initial
funds are transferred;
3. Must get additional written approval from the borrower after
a second failed attempt to make a loan payment due to insufficient
funds; and
4. Is permitted to provide electronic written notices to the
borrower as long as the borrower consents to electronic
communications.
F. If a customer defaults under the terms of a small loan and
the licensee refers the customer's account to an attorney for
collection, the licensee may, if the small loan so provides, charge
and collect from the customer a reasonable attorney fee not to
exceed fifteen percent (15%) of the outstanding amount.
G. If a check, ACH payment or RCC payment is returned to a
licensee from a payor financial institution due to insufficient
funds, a licensee shall have the authority to assess a twenty-five-
dollar fee against the maker or drawer of the returned check.
Status: in_force · Read it on the official government site
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