A class action has been filed against payday loan businesses Credit Bureau of South Bend, Inc. and American Check Cashiers, Inc., and their owners on behalf of all persons who allege that the companies charged them interest rates far above those allowed by the federal Truth in Lending Act and the Indiana Consumer Fraud Act. The action seeks unspecified compensatory damages.
The action alleges that the companies make loans at excessive rates of interest, far above those allowed by the federal Truth in Lending Act and the Indiana Consumer Fraud Act. Payday loans are short-term, very high interest rate loans. The loans are typically two weeks in duration and carry annual percentage rates of 100% to over 1800%. The lender generally obtains a post-dated check as a means of repayment. At the end of the two week term, the customer has the option of continuing the loan for an additional period by paying the interest. The loans are typically rolled over on multiple occasions.
Generally, companies which make payday loans do not advertise the annual percentage rates. Instead, they advertise that the loans cost, e.g., $15 per $100. The consumer does not see the annual percentage rate until he or she is presented with the money. These loans are generally made to consumers facing financial emergencies. Once a consumer obtains such a loan, they will often be unable to pay it off except from the proceeds of additional loans. Often, the loans force the borrowers into unnecessary bankruptcies.