Legal Question in Business Law in California
I took out a loan online which did not know payback is 138%. I borrowered 2600 and receive the money in my bank account before I received the document telling me what I borrowed and how much is to be paid back. The company is called CashCallloans. Is there anything I can do to get out of this I have already paid 1800. back. Please advice.
3 Answers from Attorneys
California has complicated usury laws....at the time of the loan there should have been a contract as welll. You should get with an attorney and review the details and compare with the lending schemes of California law...
It depends on whether or not the loan is usurious or not. There are special rules governing usury, and the law in this area is riddled with exemptions and exceptions. You are going to have to consult with an attorney in detail.
Basically, many entities are exempt from the usury laws. This includes licensed real-estate brokers who make loans, banks and savings-and-loan organizations, and on and on. I assume a company that is as high-profile as the one you named must be generally in compliance with the law (by having one or more of the usury exemptions), or it would have been shut down long ago. I'm somewhat disturbed by what appears to have been a "lend first, disclose later" incident, however.......are you certain that you didn't receive some indication of what you'd be required to repay at or before the time you signed your loan agreement?
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