Legal Question in Credit and Debt Law in Georgia

If a person takes out a loan, has been paying on it, ask for the remaining balance but finds out that they was place on a 30 day payday loan and the money already paid doesn't apply, in the State of GA is it illegal to record the loan officer saying that they put u on a payday loan but now it can be fixed by putting u on a payment loan. They clearly states that the person was on a 30 day payday loan.


Asked on 1/24/16, 12:24 pm

2 Answers from Attorneys

This question makes no sense. Payday loans are virtually illegal in Georgia unless they comply with Georgia law. I wrote an article about this at mywebsite at www.rachelhunterlaw.com. I would encourage you to go read it. Or else contact the Georgia Banking & Finance Department about this. https://dbf.georgia.gov/. See also the payday lending article there at https://dbf.georgia.gov/payday-lending.

A lender cannot simply re-classify a loan to make an otherwise illegal loan legal.

I would read the article I wrote and then contact Georgia Banking & Finance to see if the lender was properly registered with GA and if the loan was legal or not. If not, then I would report them and contact the state attorney general or your county district attorney. File complaints with GA Banking & Finance and the Consumer Finance Protection Bureau. You should not have to pay an illegal loan and if the lender is operating illegally they can be prosecuted assuming they are not an overseas lender or tribal lender.

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Answered on 1/24/16, 4:19 pm

PS - I re-read your question. While you are focused on the wrong thing (my answer is correct - it is what you should be focused on, not on wiretapping) you are asking if its ok to surreptitiously record the conversation. This is a criminal law issue so you really need to ask a criminal law attorney but Georgia seems to be a one-party state in that it is ok to record a conversation if at least one of the parties to the conversation consents thereto. See OCGA � 16-11-66. Interception of wire, oral, or electronic communication by party thereto; consent requirements for recording and divulging conversations to which child under 18 years is a party; parental exception

(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

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Answered on 1/25/16, 8:10 pm


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