Payday lending is legal in Kansas.
Kansas has a $500 limit on payday loans offered in the state. The minimum loan term is 7 days; the maximum loan term is 30 days. The finance charges should not exceed $15 of the amount advanced. Real APR is 391%*. Rollovers are not allowed. Criminal actions against borrowers are prohibited.
Kansas was among the first states to start regulating payday loans on the state level. The same legislature enacted in 1993 (and amended in 2004) still governs the payday lending industry in the state. Currently, certain restrictive changes are being discussed by Kansas legislative bodies, however, no new bills have passed in recent years so far.
Kansas Payday Lending Statutes
Kansas Statutes §16a-2-404 and §16a-2-405 contain all the information about payday lending and regulate the operation of all the
A lender is obliged to keep track of all payday loan transactions. Moreover, Section 16a-2-404(4) in the Statute also requires that a payday lending contract was written in all the required by both parts languages; there is a special requirement to the type of print: 10
“NOTICE TO BORROWER: KANSAS LAW PROHIBITS THIS LENDER AND THEIR RELATED INTEREST FROM HAVING MORE THAN TWO LOANS OUTSTANDING TO YOU AT ANY ONE TIME. A LENDER CANNOT DIVIDE THE AMOUNT YOU WANT TO BORROW INTO MULTIPLE LOANS IN ORDER TO INCREASE THE FEES YOU PAY.”
Loan Amount in Kansas
- According to the state laws of Kansas, a lender is not allowed to provide more than a $500 loan at a time.
- No more than 2 outstanding
loanat a time are allowed.
Rates, fees and other charges in Kansas
- Lenders are prohibited to charge more than 15% of the amount advanced: “a licensed or supervised lender may charge an amount not to exceed 15% of the amount of the cash advance.“ (§16a-2-404)
- APR for a $100 loan given for a 2-week period cannot exceed 390%.
However, real APR for payday loans in Kansas can reach 391% (*According to the Center for Responsible Lending 2019: “Typical APR based on
Maximum term for a payday in Kansas
- A payday loan should not be given for a period of less than 7 and more than 30 days.
- Rollovers or extensions are not allowed and it is required that a borrower should make a full repayment in time.
- Grace period can be granted to borrowers according to the Section 16a-2-404(9). It presupposes that a borrower should not pay any fees in case he is able to repay the loan in full by the end of the next business day after the day the loan was taken. No fees or charges can be implied in this case. If a borrower changes his mind he should notify a lender about rescinding and all the fees and charges should be returned.
- Only one NSF fee is allowed per loan.
- Any criminal actions against default payments are prohibited.
More information about payday loans in Kansas can be found on the official website of the Office of the State Bank Commissioner.
The History of Payday Loans in Kansas
- 1991– The first time when Kansas Legislature paid attention to the issue of payday loans and sensed the need for their regulations. At that time check cashing for a fee had prevailed in Kansas. It also appeared that the practice itself violated the Uniform Consumer Credit Code (UCCC) as lenders advanced cash in return for the post-dated checks and collected high-interest charges for it (600% – 1,600%). Thus, SB 363 was introduced. It aimed to address the issue of excessive interest rates, however, it never made it to out of the Senate.
- 1992 – Review of the SB 363. HB 2749 was also reviewed, however, to no avail again.
- 1993 – Finally, HB 2197 was passed by both the House and Senate. It enacted new consumer protections on payday loans, set limits to loan amount, loan terms and finance charges. As a matter of fact, Kansas was among the first states that enacted payday loan regulations.
- 2004 – New limitations were introduced into the payday lending regulations by the Kansas Legislature: a 7-day minimum term, 3 outstanding loans at a time (during 30 days). Also, the bill requested that all payday lenders in Kansas must keep records of all payday loan transactions.
- 2006 -b The Military Lending Act effectively capped payday loans offered to the military at 36% APR. This federal law has no exceptions, thus, no lender in Kansas is now allowed to offer loans to the military in excess of 36% APR. Specific Kansas payday loan regulations with regard to the military can be found in §16a-2-405.
- June 2, 2016 – The Consumer Financial Protection Bureau (CFPB) proposed a Payday Loan Rule that hasn’t yet fully come into effect (expected in November 2020).
- 2019 – Currently, Kansas lawmakers are considering introducing a bill that would limit the maximum APR to 36%. The proposal is still being discussed by the legislature.
(As of May 2019)