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Payday LoanLegal Rate of Interest Definition

By Adam Hayes

Updated January 14, 2021

Read by Eric Estevez

What is the Legal Rate of Interest?

The legal rate of interest is the highest rates of interest that could be legally charged on any type of debt and to which lenders must conform. Legally, the rate applies to all types of debt, however certain types of debt may carry a higher legal rate than others. For example, the legal amount for a payday lender may be greater than the legal limit for a student loan. The limit is established to ensure that lenders do not charge borrowers excessive interest rates.

Key Takeaways:

Legally, the rate for interest can be considered to be the highest rate of interest that can be legally charged on any kind of debt.

Certain types of debt may have a higher legal rate than others.

The limits are in place to stop lenders from charging borrowers excessive interest rates.

A rate of interest that is higher than the maximum legal rate of interest is referred to as usuary, for which there are stiff penalties in the majority of states.

Each state determines a legal rate of interest and usuary rates by enacting their own laws.

Definition of a Loan Shark

Understanding the legal rate of interest

A rate of interest that is higher than the maximum legal rate of interest is known as usury. There are usually severe penalties for usury across all states, such as penalties for fines, or even the loss of the principal amount and/or interest. The legal rate of interest could also be categorized as the most expensive rate lenders can charge for legal claims that is enforceable in the courts of law.

Within the United States, individual states have the responsibility of establishing their own interest rates laws. Although this type of financial transaction could fall under the Constitution’s commerce clause, Congress has not traditionally concentrated on usury. The government considers that the collecting of interest payments through violent means an offense of the federal government.

How the Legal Rate of Interest Is Applied in Different Jurisdictions

Every state can set a legal interest rate through their respective laws. For example, New York set its interest rates quaterly. Delaware’s legal rate of interest is 5%1 higher than the Federal Reserve rate, which makes it subject to fluctuations.

Additionally to the above limits, each state typically sets separate general usury limits which could be higher. New York’s limits are 16%2 for civil usury, and 25%3 for criminal usury. Banks and other providers of financing who conduct business in the state of New York could be subject to that state’s legal rate of interest.

There are some exceptions and circumstances that may let lenders charge rates higher than of the lawful rate of interest. Customers are able to choose to waive this protection when applying for credit. Many lenders and financiers may require such an agreement to be signed by customers for any financing.

The language that grants the business the ability to charge higher interest rates may be included in the terms of service. If you agree to receive loans at the rate that is set by the lender may override any protections an official rate of interest provides, regardless of whether or not the customer later affirms that she fully understands her rights.

Special Considerations for the Legal Rate of Interest

The lending institution could be able to get around a legal rate of interest through similar strategies used to avoid lawful interest rates. For instance, credit card providers can charge interest rates based on the state where the business is registered rather than the states where their customers reside. The lender may decide to incorporate in a state such as Delaware which has more relaxed rates of usury in comparison to the other states.

Credit card companies generally offer interest rates that are allowed by the state where the company was incorporated rather than follow the usury laws that apply in the states where borrowers reside. Nationally chartered banks also have the option to apply the highest interested permitted by the state in which the institution was incorporated. When they incorporate into states like Delaware as well as South Dakota, lenders have historically benefited from greater leeway granted by those states’ more relaxed laws on usury.

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