Legal Question in Consumer Law in Virginia

Child care businesses here in Virginia seem to be charging exorbitant late fees these days. Example: my grand-daughter's mother has been one to five minutes late picking her up three times, with a late pick-up charge of $15 each time for a total of $45 in late pick-up fees. These instances all occurred within a short time of each other and she was unable to pay the $45 when it occurred. Now, about 6 weeks later she went to pay the charge and the business owner tells her interest has accrued and she now owes $85. Granted, she should have paid it when it was due, but everyone is struggling these days and paying her rent took priority over paying a late charge. The questions is: Is it legal for a child care facility to charge over 100% "interest" on a late fee?


Asked on 2/01/11, 8:33 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Not sure, whether this would violate the Commonwealth's laws against usury,

but the better question might be as to what does this mother's agreement/contract

with the daycare provider have to say about this issue?

Furthermore, why is she even agreeing to pay a late fee for being five minutes

late in picking up the child? Time for her to be looking for another

daycare provider (in my opinion).

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Answered on 2/02/11, 8:16 am


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