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In particular, the Bureau solicits comment on whether an alternative requirement would better target the potential consumer injury from the lender's underwriting failure; for example, whether the Bureau should require lenders to cease all collections activities on delinquent or defaulted loans that are in a portfolio with a portfolio default rate exceeding 5 percent, online payday loan direct lender in Georgia.We
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Many lenders have informed the Bureau that they conduct some type of underwriting on covered short-term loans and assert that it should be sufficient to meet the Bureau's standards.
In Delaware, a State court of chancery recently held that a loan agreement was unconscionable because, among other factors, the court found that the “purpose and effect” of the loan agreement was to evade the State's payday lending law, which includes a cap on the total number of payday loans in a 12-month period and an anti-evasion provision.
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