Frequently Asked Questions (Mouse over the question to see the
answer)
Do most people use a payday loan service
for the same reason I do?
Surveys show that while Americans do a pretty good job of managing their money,
most of us need occasional help. An increasing number of consumers choose
a payday loan to cover unexpected expenses or bridge a short-term cash crunch
between paydays, without incurring revolving debt. A Cash advance is a short-term
financial management tool (unlike a Home Loan or Auto Loan) that can provide
a sensible alternative to costly bounced checks, late payment charges and
bad credit ratings.
However, you should evaluate the costs and benefits of all alternatives before
taking out a Payday advance. Other forms of short-term credit that may be
less expensive include a Personal loan from another institution or from family
or friends, a credit card cash advance, an account with overdraft protection,
or a salary advance.
What happens if I change my mind after
taking out a payday cash advance?
Being a member of The Community Financial Services Association of America
(CFSA), we abide by a set of Best Practices. As our customer, you have the
right to rescind a payday advance transaction before the close of the following
business day at no cost to you. Simply return the full amount of the cash
advance.
How often do most people use a payday
loan service?
A payday loan can be a short-term solution to an immediate need between paydays
and when that immediate need arise Loanbyphone.com is here to help. However
a payday advance is not a long-term solution for ongoing money management,
it is not intended for repeated use or to carry an individual from payday
to payday. Repeated or frequent use can create serious financial hardships.
Should you need help with budgeting or debt management, call the National
Foundation for Credit Counseling at 1-800-388-2227. NFCC is part of a national
network of non-profit Financial Care CentersTM, dedicated to helping people
learn how to budget their money better and to use credit wisely.
I am embarrassed about my financial
situation. Is my online cash advance confidential?
We respect our customers' desire for privacy in managing their personal financial
matters. The online cash advance transaction is a confidential one, and we
will treat your personal information accordingly. Please see our Privacy
Policy for more information.
Will you inform my personal references
that I have applied for a loan?
We do NOT tell your references you are applying for a loan. We only call
your references to verify that the numbers are valid. We respect our customers'
desire for privacy in managing their personal financial matters. The online
cash advance transaction is a confidential one, and we will treat your personal
information accordingly.
How is my online cash advance loan amount
determined?
State law generally regulates the maximum advance amount available. Within
the allowed range, you will qualify for a particular advance amount based
on your current income. Sometimes you may not be able to get as much as you
would like; but it would not really be helpful if you received more than
you have the abiliy to repay. A payday loan can be used to help cover unexpected
expenses or to help you through a short-term cash curnch betwwn paydays.
A payday advance can be used responsibly as part of a short-time financial
plan.
How are payday loan fees established?
Our Payday advance fee is competitive and in compliance with applicable state
or federal law. It is our goal to offer you the best online loan service
at competitive fees.
Is my credit rating checked before
I receive a payday cash advance?
Unlike many other financial institutions, we do not require that you have
a good credit history, or for that matter any credit history at all. LoanByPhone.com
subscribes to CL Verify and Teletrack risk assessment services. This is a
non-traditional consumer reporting agency that gathers and combines non-traditional
consumer information form various sources. It tells us that payments to other
businesses are current and if additional payday advances are outstanding
with other companies that subscribe to the same service. This system also
helps us to reduce your risk of identity theft and fraud.
If getting a payday advance so simple
why is there so much information in the Customer Agreement?
The payday loan agreement that you read and sign prior to receiving a cash
advance is a contract that complies with all applicable state and federal
disclosure requirements. It fully outlines the terms of the payday loan transaction,
including the service fee both as a dollar amount and as an annual percentage
rate (APR). Although a payday advance is a short-term loan and is not intended
as a long-term source of credit (like a home loan or auto loan), we provide
you with the APR in accordance with the federal Truth-in-Lending Act. Loanbyphone.com
wants to provide you with all the information you need to make an informed
financial decision.
Can I renew, or roll over, my cash
advance by just paying the fee again on my due date?
Though some state laws allow rollovers, most do not. Even in states that
permit rollovers, CFSA member companies, like Check Into Cash, limit rollovers
to either four, or the state limit, whichever is less. In some states that
allow rollovers, you must reduce your principal amount with each rollover
as specified by state "buy down" guidelines and applicable rollover limitations.
Buy downs allow you to make minimum payments for up to 4-6 paydays as specified
by your state minimums and limits. You may also buy down in greater amounts.
The limiting of rollovers and the implementation of buy downs is a consumer
protection designed to encourage responsible, short-term use of the service.
It is important that you fully evaluate the costs when choosing to rollover
a cash advance or payday loan.
What happens if I don't have the funds
necessary to repay my payday cash advance on my due date?
Just like you, we hope this doesn't happen. But if it does, Loanbyphone.com
is committed to collecting past due payday cash advances in a professional,
fair and lawful manner. If we try to debit your account and it is returned
by your bank due to insufficient funds, you may be charged a returned item
charge if permitted by applicable law. Most financial institutions will also
charge a NSF fee for a returned check and in some circumstances might revoke
your checking account privileges. You will be responsible for payment in
full of your account, including the returned item charge. We will contact
you to collect the amount due.
If my payday loan becomes past due,
will I face criminal prosecution?
In accordance with CFSA Best Practices, Loanbyphone.com does not pursue criminal
actions against a customer as a result an unpaid payday loan. However if
you become delinquent, you will be unable to receive another loan through
us, information about your account may be reported to credit bureaus, your
account may be referred to a collection agency and we may choose to use other
lawful means to collect the amount due.
What can I do if I'm ever dissatisfied
with the service received from Loanbyphone.com?
Loanbyphone.com strives to provide friendly and professional customer service
and receives very few customer complaints. But occasionally a problem will
arise with your payday loan. If you have a concern that is not resolved to
your satisfaction, we invite you to call 1-877-577-7977 or email us at customersupport@loanbyphone.com
. We welcome the opportunity to address your concerns.
In the unlikely event you have a dispute we can't work out together, our agreement
provides that you can take your issue to small claims court or request arbitration,
where a neutral third party hears both sides of the issue and makes a binding
decision.
Does Loan By Phone offer an extended
payment plan?
Loanbyphone.com offers customers who are unable to repay their advance an
Extended Payment Plan option in accordance with CFSA Best Practice Guidelines
in states that permit implementation of CFSA's Extended Payment Plan. This
extended payment plan is offered in compliance with any requirement in State
Law and/or with CFSA Best Practice Guidelines.
To request an extend payment plan you must:
Call us at 877-577-7977 before 6:00 PM ET on a banking business day prior
to your payment date, So, if your loan payoff date is a Monday,
you must call us before 6:00 PM ET on Friday (which is the prior banking
business day).
Have access to a fax machine so we can fax you the loan addendum.
Fax back the signed addendum to us by 7:00 PM ET the same day. Our
fax number is 877-577-7978.
Oklahoma Specific FAQs
Q: What if I have a complaint?
A: For questions regarding deferred deposit loans or assistance with a complaint against a deferred
deposit lender, contact the Oklahoma Department of Consumer Credit at 1-800-448-4904. The
Department's Internet website is www.okdocc.state.ok.us.
Oklahoma Department of Consumer Credit
4545 North Lincoln, Suite 164
Oklahoma City, OK 73105
Voice 405-521-3653
Fax 405-521-6740
Utah Specific FAQs
Q: Can I prepay my loan?
A: You may prepay in increments of at least $5.00 or in full the amount due under
this Loan Agreement at any time and will not incur an additional charge,
fee or penalty. You will not incur any additional charge, fee or penalty
if you cancel your obligations hereunder or prepay your obligations. You
have the right to cancel your obligations without having to pay any finance
charge. You also have the right to prepay your obligations without having
to pay any finance charge or by paying a reduced finance charge, depending
upon the date of prepayment. To cancel this Loan Agreement, you must fax
or email to us written notice of your intent to cancel prior to our initiating
an automatic credit to Your Account. To prepay your obligations without having
to pay any finance charge, you must email or fax to us, prior to 5:00 PM
M.T. on the Disbursement Date, written authorization to effect a debit entry
to Your Account for the principal amount of the loan. If we receive payment
of the principal amount of the loan via such authorization, we agree to rebate
and refund the finance charge we have earned. At any time after 5:00 PM M.T.
on the Disbursement Date and before 5:00 PM M.T. on the business day prior
to the Payment Date, you can prepay your obligations in full by sending us
an email or fax giving us written authorization to effect a debit entry to
Your Account for the prepayment. The payoff amount will be calculated as
of the date you send us such written authorization.
Q: What is the cost of credit for this service?
A: You pay $22.00 per $100.00 borrowed. The Annual Percentage Rate (APR) ranges
from 501.88% to 1147.14% depending on the term of the loan (7 to 16 days).
See the Loan By Phone fee schedule by clicking
here.
Oregon Specific FAQs
Q: What are payday loans? A: Payday loans are small, short-term loans provided by companies that must be licensed in Oregon. These loans must be for
a minimum of 31 days, and are usually not longer than 60 days. These loans may
also be called cash advance loans, post-dated-check loans, check advance loans,
or deferred presentment loans.
Q: How does a payday loan work? A: Generally, you give the payday lender a personal check payable to the lender. In return, you
receive cash (minus the allowable lender fees). Another way is to authorize the
lender to make an automatic withdrawal from your bank account for the money you’ve
borrowed. Although the loan must be for a minimum of 31 days, you may pay it
off earlier, such as when you receive a paycheck. The lender may cash (redeem)
your check or the lender may make an electronic withdrawal from your bank account
when your payday loan is due.
Q: What is the cost of a payday loan? A: As of July 1, 2007, the State of Oregon limits the fees that may be charged for payday loans.
Lenders may charge an interest rate up to 36 percent per annum*. They may also
charge a one-time loan origination fee for a new loan of up to 10 percent of
the amount borrowed, up to a maximum of $30. A lender may not charge you any
other fee or interest charge in addition to this interest and origination fee
to get the loan. If a lender renews your loan, they cannot charge any additional
origination fees.
Example: If you borrow $300 for 31 days, the maximum cost of
the loan (the fee you pay the lender) will be $39.17 — $9.17 in interest for
31 days for the term of the loan and $30 in origination fees.
Q: What other fees or charges can a lender charge? A: A lender may charge one $20 fee for a bounced check (also known as a dishonored or nonsufficient funds check), regardless of
how many checks you give the lender for the loan. Lenders may charge you for
fees their financial institutions charge them for your bounced checks. Lenders
may also collect any amounts awarded by a court for the collection of an unpaid
loan. Lenders may not attempt to recover damages or attorney fees from you for
a bounced check.
Q: What if I can’t repay the loan when it is due? Can I renew
or roll over my loan? A: The new law allows a lender to renew an existing payday
loan up to two times after the first loan is made. However, the law does not
require lenders to renew loans. Lenders are allowed to charge interest on the
renewal, but they may not charge any additional origination fees. You could also
ask your lender about re-payment by installments — an agreement between you and
the lender that requires you to repay what you have borrowed in small payments
on specific dates.
Q: How often can I get a new loan? A: As of July 1, 2007, lenders
may not make a new payday loan to you on the day the loan expires or during the
six days before and the six days after the date on which a payday loan expires.
If you pay off a loan early, you may not get another loan from a licensed Oregon
payday lender until seven days after the loan is paid.
Q: Are payday loans subject to consumer protection laws? A: Yes, the Federal Truth-in-Lending Act requires
lenders to disclose the annual percentage rate (APR). The APR is the total cost
of the credit extended to you, expressed as a yearly rate. Oregon law also requires
that lenders clearly post the APR for a payday loan in their office where you
can easily see it. If a lender declines your loan request, the lender must still
comply with the Equal Credit Opportunity Act (ECOA), which requires the lender
to provide you with a written notice of the reason for their decision. This notice
is known as an "Adverse Action Notice."
Q: Are there any protections if I get a loan from an Internet payday lender? A: Oregon law requires Internet lenders
to be licensed by the state, just like lenders physically located in Oregon.
Do not provide any personal information on a payday loan Web site of an unlicensed
lender. (Such as your name, Social Security number, home address, place of employment,
or checking account numbers.) To find out which companies are licensed to make
payday loans in Oregon or to get a list of registered nonprofit organizations
that offer financial counseling services, contact the Oregon Division of Finance
and Corporate Securities (DFCS) by telephone, 503-378-4140, or toll-free, 866-814-9710
or go to http://www.dfcs.oregon. gov/cf/search.html.
Q: Are there options other than payday loans if I need cash right away? A: You can contact your creditor or service company and arrange to make bill payments. You can also use what is
called a debt consolidating agency to arrange debt repayment. A debt consolidating
agency works with all of your creditors to arrange for options for repayment.
A list of licensed debt consolidation agencies is listed at www.dfcs.oregon.gov/dca/
agents.html or you can call 503-378-4140. You may be able to request an advance
from your employer. Also, many credit unions or banks provide small short-term
loans or overdraft protection.
Q: What else do I need to know? A: If you repay any amount of your loan before it’s due, you should receive a partial refund
of the interest charged for the loan (but you will not get a refund of the origination
fee). When you apply for payday loans, lenders must give you a written statement
that clearly explains what happens if you default or are late with your payments.
You should not give a payday lender your bank account PIN or other personal banking
information. Your contract with a payday lender should not include:
Any agreement on your part releasing the lender from any liability in connection with the loan.
Any requirement that you waive your rights to be heard in court or through arbitration.
Any consent by you, as a consumer, giving up your authority to seek legal action against the lender.
Authorization for the lender to garnish your wages ("wage assignment").
You should always read the loan agreement and ask questions about the loan before you sign the agreement.
Q: Where can I get more information about other resources?
To locate a consumer-credit counseling service near you, call 800-388-2227 or visit www.nfcc.org.
Contact your local credit union, bank, or conventional consumer finance lender to see what short-term
loans they offer.
Veterans and their immediate family may be eligible for the Oregon Veterans’ Emergency Financial Assistance Program (OVEFAP), call 800-828-8801
or visit www.oregon. gov/ODVA/VeteransEmergencyFinancial Assistance.shtml.
For legal advice on issues or disputes involving a payday loan, you should contact
a lawyer. 440-2938 (1/08/COM) Division of Finance & Corporate Securities
Q: Who should I contact to file a complaint? A: To file a complaint contact the Oregon Division of Finance and Corporate Securities (DFCS)
by phone, 503-378-4140, or toll-free, 866-814-9710 or go to www.dfcs.oregon.gov/
filecomplaint.html. Send mail to: Department of Consumer & Business Services
Division of Finance & Corporate Securities P.O. Box 14480 Salem, OR 97309-0405
Don't see you question listed? Email
us! A customer service representative will be happy to help.
To view a list of state licenses, please visit our license page. For a list of state fee schedules, please visit our fee schedule page.