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Per Massachusetts law: Payday lending is not specifically prohibited in Massachusetts but what is generally referred to as a "payday loan" is illegal due to the high annual percentage rate charged. Statutory licensing provisions require entities that wish to engage in such small-dollar lending in Massachusetts to obtain a small-loan license from the Division.
The Division of Banks (Division) requires that any business engaged in making loans in the amount of $6,000 or less at an interest rate greater than 12% obtain a small loan company license under Massachusetts General Laws chapter 140, section 96-114A and its implementing Regulation 209 CMR 20.00.
The small loan maximum annual rate of interest is currently capped at 23% with an annual administrative fee of $20.
In a selected opinion issued June 26, 2006, the Division clarified its regulatory authority relative to internet-based payday lenders and licensure. The opinion makes clear that a payday loan transaction takes place where the consumer physically applies for the loan, not where the payday lender is physically located. Therefore, a payday lender doing business with Massachusetts consumers is prohibited from doing business without a license.
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