The Military Lending Act of 2007 is a law passed to discourage predatory lending against active duty and activated Soldiers, Sailors, Airmen, and Marines, as well as their dependents. A predatory lending scheme against Servicemembers that the Military Lending Act is designed to stop is automobile title loans. A title loan violates the Military Lending Act if it meets the following criteria:
1. "Covered Borrower" Status. The borrower is an active duty Servicemember with active duty orders for a period not less than 30 days, or a Reservist or National Guardsman who is on active duty orders for a period of 180 days or more. Dependents of these Servicemembers are also covered borrowers under the Military Lending Act.
2. Term. The contract must require the loan to be repaid within 180 days. If the loan term exceeds 180 days, then the title loan is not prohibited under the Military Lending Act.
3. Rate. The maximum rate of interest allowed on a title loan to a Covered borrower is 36%. Sometimes title loan contracts contain "mandatory fees" when added into the loan payment will be considered interest.
4. Car Title. The Covered Borrower must surrender the automobile title to the title loan company as security for the loan.
If you have a title/payday loan that meets the criteria above, then we might be able to help you stop this cycle of debt. If you want to know whether your title/payday loan violates the Military Lending Act, attorneys at the Fischer|Scott LLC or Barnes Law Group, LLC or will provide you with a free initial consultation and may be reached at 706.660.5540 (Fischer|Scott) or 770.227.6375 (Barnes Law Group).
For information on the Military Lending Act lawsuit filed by Fischer|Scott and Barnes Law Group, click on this link: