Legal Status: Legal
Citation:
Colo. Rev. Stat. § 5-3.1-101 et seq.
Loan Terms:
Maximum Loan Amount: $500
Loan Term: Max: 40 days
Maximum Finance Rate and Fees: 20%: $0-$300 + 7.5%: $301-$500
Finance Charge for 14-day $100 loan: $20
APR for 14-day $100 loan: 520%
Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: One (renewal)
Cooling-off Period:
Repayment Plan:
Collection Limits:
Collection Fees: One $25 NSF fee; Court Costs; Reasonable Attorney’s Fees not to exceed loan amount
Criminal Action: Prohibited (Unless the consumer’s account was closed before the agreed upon negotiation date)
Where to Complain, Get Information:
Regulator: Colorado Office of the Attorney General
Address: Uniform Consumer Credit Code, 1525 Sherman St., 5th Fl. Denver CO 80203
Phone: (303) 866-4494
Fax: (303) 866-5691
Applicability: To deferred deposit loans whereby the lender for a fee accepts a dated instrument from the consumer, agrees to hold it for a period of time prior to negotiation or deposit, and pays to the consumer the amount of the instrument less finance charges as permitted. One who acts as an agent for a third party is covered even if the third party is exempt. Otherwise UCCC applies. Colo. Rev. Stat. § 5-2-201 (the greater of: the total of 36% per year on $1,000 or less + 21% per year on $1,000-$3,000 + 15% per year amounts in excess of $3,000; or 21% per year on the unpaid balances of the amount financed).
Exemptions: Lenders not covered as supervised lenders under § 5-1-301(17). Banks and other financial institutions that may be exempt by federal law from the interest rate limitations are, nevertheless, subject to all other provisions.
Licensing requirements: Lenders must be licensed.
Permitted charges: Not more than 20% of the first $300 plus 7.5% of the excess. Loans can be renewed once and the renewal fee can be no more than 20% of the first $300 plus 7.5% of the excess. Lender must refund a prorated portion of the finance charge if the renewal occurs before the maturity date of the loan. Lender may contract to receive a $25 fee if, upon deposit, the consumer’s check is returned for insufficient funds, plus court costs and reasonable attorney fees in the even of default.
Required disclosures: Licensee must reduce agreement to writing and contain the name of the consumer, the transaction date, the amount of the check, the annual percentage rate, the total amount of the finance charges charged, expressed both as a dollar amount and as an annual percentage rate and other disclosures required for supervised lenders. In addition, the following notice must be prominently placed in the loan agreement in at least 10-point type: “A deferred deposit loan is not intended to meet long-term financial needs. A deferred deposit loan should be used only to meet short-term cash needs. Renewing the deferred deposit loan rather than paying the debt in full will require additional finance charge. State law prohibits deferred deposit loans exceeding $500 total debt from a deferred deposit lender. Exceeding this amount may create financial hardships for you and your family. You have the right to rescind this transaction by 5 P.M. the next business day following this transaction.” Lender must also post a notice of the charges imposed for such loans at its place of business. Prior to selling or assigning the check or loan, the lender must place a notice on the check in at least ten-point type which says: “This is a deferred deposit loan instrument.”
Prohibited acts: A lender may not make a deferred deposit loan without a license. A licensee may not engage in unfair or deceptive acts, practices, or advertising in connection with deferred deposit loans. Licensee may not change its location without giving the administrator advance written notice. Licensee may not make loans at a location for which it does not have a license nor engage in business under any name other than that on the license. A loan shall not be renewed more than once. If not paid after one renewal, the lender may deposit the check. Cannot charge a fee for cashing the lender’s check. Lender cannot present a check for payment unless it is endorsed with the actual business name of the lender. Lender cannot attempt to collect on the loan or check by using the criminal process. Provisions of Colorado law regulating other lenders are applicable unless inconsistent with this act.
Loan terms: Loan cannot be greater than $500 exclusive of the finance charge and loan term cannot exceed 40 days.
