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Dylatess
Dylatess, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4703
Experience:  36 plus years consumer law practice
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Heres the nitty gritty. I needed a loan as I started a new

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Here's the nitty gritty. I needed a loan as I started a new job and just had a newborn baby. I was several months out of the Army after having deployed to Iraq the previous year, unemployment didn't pay all the bills, and the savings was dwindling. Now, I am able to pay my loan on time most months.

I applied for a loan of $1,000 with Western Sky out of the Cheyenne River Sioux Nation, knowing I was getting the short end of a really long stick. They tacked on $500 more to the loan and then took it back as an "Origination Fee". Immediately, they flipped the loan to Cash Call, Inc, out of Anaheim, CA. That's who I make my payments to, that's the website I log into, that's who harasses me if I miss a payment.

The thing is, my interest rate is still 149%. Is this legal under Georgia's Usury Law?

Let's just say the loan was for $1500 because of what's tacked on. As of today, here's where I'm at:

Principal Paid: $344.20
Interest Paid: $2381.27
Late Fees Paid: $261.00

Total Money Given To This Scamming Company: $2986.47

Today's Payoff Amount: $1275.69

I have paid almost 3 times what I have received and my payoff is still higher than the amount I got.

I'm not looking to sue every last penny out of them. All I want is my interest rate retroactively changed to something legal in GA (if this is not legal) from the time Cash Call become the owner. These payments hurt, and have been for over a year.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dylatess replied 1 year ago.

Hello and welcome to Just Answer. For over 32 years, I have answered questions just like yours. And I look forward to assisting you.

 

As insane as this sounds, it is legal. That is because the loan amount is under $5000. And it therefore falls under a new category known as payday loans. As such, they are not bound by the usury laws of your state. Sorry. It is terrible. But you have no legal recourse and I am saving you money now from what you would pay an attorney to hear the same advice. I wish you well.

Customer: replied 1 year ago.

Thank you for your prompt reply, and you can rest assured I will rate you high and accept the answer for your compensation.

If you dont mind a small followup question, am I to assume that because the loan was taken from a Sioux tribe who is not obligated to follow US member state laws (such as Georgia), even though PayDay loans are illegal in the state of GA, because it originated in a "sovereign nation tribe" and was flipped to a US State company, they can maintain the loan legally? It was, in a manner of speaking, "Grandfathered in"?

Expert:  Dylatess replied 1 year ago.

YES, they are also exempt as rediculous as that is.

Thanks in advance for the rating.

Dylatess, Lawyer
Satisfied Customers: 4703
Experience: 36 plus years consumer law practice
Dylatess and 9 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Dylatess, thank you for your advice and time. You have certainly saved me a lot of money retaining counsel for a hopeless cause. I think it's time I start attempting to book an appointment with my governor or congressional leadership.

Expert:  Dylatess replied 1 year ago.
You are welcome. Please rate my answer ok or better so that I am compensted for assisting you.

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