Home page Laws By State New Hampshire

Payday Loans in New Hampshire: Know the Risks

Payday loans, often marketed as quick solutions for financial emergencies, can actually lead to long-term financial strain due to their high interest rates and fees. In New Hampshire, while there are regulations in place to protect consumers, it's crucial to understand how these loans work and the risks they pose.

Our goal is to provide clear and simple information to help you make informed decisions and explore safer alternatives. Let's delve into the details of payday loans in New Hampshire and why caution is advised.

Table of content
Jump to

Payday loans in New Hampshire are legal and regulated under the state's statute RSA 399-A:1 et seq.

This legal framework sets the guidelines for the operation of payday lending within the state, ensuring that lenders adhere to specific rules designed to protect consumers.

These regulations include caps on interest rates and fees, as well as terms for repayment. By implementing these measures, New Hampshire aims to safeguard borrowers from the potential debt traps associated with high-cost payday loans, promoting a safer financial environment for short-term borrowing.

Legal Status of Payday Loans and Cash Advances in New Hampshire

Payday and Cash Advance Loan Laws and Regulations in New Hampshire

In New Hampshire, payday loan regulations are designed to protect consumers while allowing them access to short-term loans in financial emergencies. Key aspects of these regulations include:

  • Interest Rate: Capped at 36% APR, ensuring loans do not become excessively expensive.
  • Maximum Loan Amount: Borrowers can take out up to $500, helping prevent excessive debt.
  • Loan Term: Loans must be repaid within a minimum of 7 days and a maximum of 30 days, providing a clear timeframe for repayment.
  • Limitations: Rollovers on loans are prohibited, preventing the accumulation of fees and interest.

These rules ensure that while consumers have access to fast cash, they are also protected from the debt cycles often associated with high-cost payday loans.

The Reality of New Hampshire Payday Loan Regulations

The New Hampshire payday loan regulations offer a balanced approach to short-term lending. By capping interest rates and limiting the amount one can borrow, the state provides a safeguard against the debt spiral commonly associated with payday loans. These regulations reflect a commitment to protecting consumers while still providing them with necessary financial options.

The Implications of Usury Laws and Payday Lending

Usury laws in New Hampshire play a crucial role in regulating payday lending. By setting a maximum APR of 36%, these laws ensure that payday loans do not become prohibitively expensive. This cap on interest rates helps to prevent the exploitation of borrowers and encourages responsible lending practices within the payday loan industry.

Statute of Limitations on Payday Loans

In New Hampshire, the statute of limitations on payday loans is three years. This means that lenders have a three-year period from the date of the last payment on the loan to initiate legal proceedings against a borrower for the unpaid debt. This statute provides a clear timeframe for debt resolution and offers consumers protection against indefinite liability for old debts.

Payday Loan Amounts, Hidden Costs, and the New Hampshire Debt Trap

In New Hampshire, while payday loans offer a quick financial fix, they can also lead to a cycle of debt due to hidden costs. Understanding these can help borrowers avoid falling into a debt trap:

  • Application Fees: Even before approval, some lenders charge fees to process your loan application.
  • Rollover Fees: Although New Hampshire law prohibits rollovers, in states where they are allowed, borrowers incur additional fees for extending the loan term.
  • Late Payment Fees: Missing a payment can lead to hefty penalties, adding to the debt burden.

Allowed Payday Lending Amount in New Hampshire: The state permits payday loans up to $500. This regulation is designed to prevent borrowers from taking on more debt than they can handle, aiming to strike a balance between providing financial assistance and preventing debt accumulation.

For more detailed information on payday loan regulations and consumer protections, visit the New Hampshire State Banking Department and the official state legislative website at for the latest updates and resources. These sources offer valuable insights into understanding your rights and obligations when considering a payday loan in New Hampshire.

The History of Payday Loans in New Hampshire

The evolution of payday loan regulations in New Hampshire reflects a growing awareness of the need to protect consumers from potentially predatory lending practices while ensuring access to emergency funds. Here's a concise history:

Payday lending in New Hampshire, like many states, was relatively unregulated. This lack of regulation allowed lenders to charge high-interest rates, leading to a cycle of debt for many borrowers.

Legislative Changes: Recognizing the need for reform, New Hampshire legislators took significant steps to protect consumers. In 2008, the state passed a law capping the annual percentage rate (APR) on payday loans at 36%. This move aimed to strike a balance between allowing access to quick loans and protecting consumers from exorbitant interest rates and fees.

Developments: Following the implementation of the APR cap, the payday loan landscape in New Hampshire underwent a significant transformation. The number of payday lending stores in the state saw a decline, as the 36% APR cap made it less profitable for lenders to operate. This shift underscored the state's commitment to consumer protection and responsible lending practices.

Today, New Hampshire maintains its stance on protecting consumers with its payday loan regulations. The state continues to enforce the 36% APR cap and monitors payday lending practices to ensure they are fair and do not exploit financially vulnerable individuals. For ongoing updates and information on payday loan regulations, the New Hampshire State Banking Department's website is a valuable resource. You can visit it at nh.gov/banking.

The history of payday loans in New Hampshire is a testament to the state's proactive approach to addressing the challenges of short-term lending. By implementing and maintaining strict regulations, New Hampshire aims to safeguard its residents from the debt traps that can accompany high-cost loans, promoting financial health and stability within the community. This history serves as an educational foundation for understanding the importance of consumer protection in the context of financial services.

In New Hampshire, understanding your rights against aggressive debt collection tactics is crucial. The state enforces laws that protect consumers, ensuring that debt collection practices are fair and do not infringe upon borrower rights. Here’s what you need to know:

  • Know Your Rights Under New Hampshire Debt Collection Laws: New Hampshire adheres to both federal and state regulations that safeguard consumers from abusive debt collection practices. These include the Fair Debt Collection Practices Act (FDCPA), which sets the standard for how debt collectors can interact with you.
  • Legal Boundaries for Debt Collectors:
    • Contact Hours: Debt collectors are only allowed to contact you during reasonable hours, typically between 8 a.m. and 9 p.m.
    • Harassment or Abuse: Any form of harassment, abusive language, or undue pressure is strictly prohibited.
    • False Statements: Debt collectors cannot lie about the amount you owe, their identity, or the legal repercussions of not paying your debt.
  • Statute of Limitations in New Hampshire: The statute of limitations for most debts in New Hampshire is three years, meaning debt collectors cannot sue you for debts that are older than this period.
  • Can Collection Agencies Sue You? Yes, within the statute of limitations. However, they must adhere to legal procedures and cannot threaten legal action that is not permitted.

For more detailed information on your rights and how to report FDCPA violations, visit the New Hampshire Attorney General’s Consumer Protection Bureau. Understanding these protections can empower you to stand up against unfair debt collection practices and seek the appropriate legal recourse if necessary.

Where to Make a Complaint

If you're facing unfair practices by payday lenders or debt collectors in New Hampshire, there are several organizations where you can make a complaint. These bodies are committed to protecting consumers and ensuring that lenders and collectors adhere to legal standards.

New Hampshire State Banking Department

The Banking Department oversees financial institutions and ensures that the state's banking laws are followed. They can assist with complaints related to payday loans and lending practices.

New Hampshire Attorney General's Consumer Protection Bureau

The Consumer Protection Bureau handles complaints against unfair or deceptive business practices, including those by payday lenders and debt collectors. They offer resources and guidance for filing a complaint.

Federal Trade Commission (FTC)

The FTC enforces federal consumer protection laws. While they do not resolve individual complaints, filing a complaint with them can lead to investigations and action against widespread abusive practices.

Leveraging these resources can help protect your rights and potentially lead to broader actions against unfair lending and collection practices in New Hampshire.

Number of New Hampshire Consumer Complaints by Issue

Complaint Reason
Count
Charged fees or interest you didn't expect
19
Charged fees or interest I didn't expect
14
Getting the loan
12
Struggling to pay your loan
8
Problem when making payments
8
Problem with the payoff process at the end of the loan
7
Can't contact lender
6
Incorrect information on your report
4
Problem with additional add-on products or services
4
Vehicle was repossessed or sold the vehicle
3

Top 10 Most Complained about Payday Lenders in NH

Lender Name
Number of Complaints
ONEMAIN FINANCIAL HOLDINGS, LLC.
5
TD BANK US HOLDING COMPANY
5
LDF Holdings, LLC
5
CITIZENS FINANCIAL GROUP, INC.
4
MNE Services, Inc
4
OneMain Finance Corporation
4
Atlanticus Services Corporation
2
CASHCALL, INC.
2
MoneyLion Inc.
2
PNC Bank N.A.
2

Installment and Title Loans: Exploring the Risks Beyond Payday Loans

Discover the potential pitfalls of installment and title loans in New Hampshire, where quick cash options can lead to long-term financial strain. Understand the risks and make informed decisions before proceeding with these types of loans.

Unveiling the Hazards of Installment Loans in New Hampshire

Installment loans in New Hampshire may seem like a manageable alternative to payday loans, offering longer repayment periods. However, they can also come with high interest rates and fees, leading to a cycle of debt that's hard to escape. It's crucial to scrutinize loan terms and consider the total cost over time.

Exposing the Hidden Costs and Dangers of Title Loans in New Hampshire

Title loans in New Hampshire offer immediate funds using your vehicle as collateral. While accessible, they carry risks, including high APRs and the potential loss of your vehicle if you cannot repay the loan. These loans can create a financial burden that far exceeds the initial emergency need, highlighting the importance of exploring all options before committing.

Consumer Information

In July 2020, the Consumer Financial Protection Bureau (CFPB) implemented a new rule that significantly impacts lenders, including those offering payday, installment, and title loans. This rule rescinds the requirement that lenders must check a borrower's ability to repay before issuing a loan, a move that has sparked considerable debate. While it aims to increase access to credit, there are concerns it may also heighten the risk for borrowers to fall into debt traps. The CFPB's actions underscore the importance of consumers being more vigilant when considering short-term loans.

Warning

In New Hampshire, it's crucial to know that all payday lenders must be licensed by the state. This licensing requirement ensures that lenders comply with state laws designed to protect consumers from unfair lending practices.

Before engaging with a payday lender, verify their license through the New Hampshire State Banking Department's website to ensure you are dealing with a reputable provider and safeguarding your financial well-being.

Helpful Resources for Payday Loan Consumer Protection in New Hampshire

New Hampshire State Government Consumer Protection Bureau: Offers comprehensive information on consumer rights and protections, including regulations regarding payday loans.
New Hampshire Legal Assistance: Provides legal advice and representation to low-income residents, including matters related to debt and payday loans.
Consumer Financial Protection Bureau (CFPB): A federal agency offering resources and tools for financial products, including payday loans. They also accept complaints against lenders.
National Consumer Law Center (NCLC): Offers resources and guides on consumer rights, with a focus on predatory lending practices.
Credit Counseling of New Hampshire: Offers financial counseling services, including help with managing payday loan debt.
New Hampshire Banking Department: Regulates state-chartered financial institutions and can provide information and assistance on payday lending practices.
Legal Advice & Referral Center (LARC): Offers free legal advice to low-income people in New Hampshire, including issues related to payday loans.
Federal Trade Commission (FTC) - Payday Lending: Provides consumer information on payday loans and the rights of borrowers under federal law.
Prosperity Now: A national nonprofit organization that offers tools and resources to help individuals and communities achieve financial prosperity, focusing on preventing predatory lending practices.
Center for Responsible Lending: Researches and advocates against predatory lending practices, including payday loans, and offers resources for consumers.

These resources can provide valuable information, legal advice, and potential alternatives to payday loans, helping New Hampshire residents make informed financial decisions.

Alternatives to New Hampshire Payday Loans

Navigating financial emergencies without falling into the trap of high-interest payday loans is crucial for maintaining long-term financial health. In New Hampshire, where payday lending is regulated but can still lead to cycles of debt for unwary borrowers, exploring alternatives is essential. Here are 15 viable options to consider before opting for a payday loan:

Personal Savings

Building a personal emergency fund should be a priority. Even small, regular savings can add up and provide a cushion when unexpected expenses arise.

Credit Union Loans

Credit unions in New Hampshire often offer small-dollar loans with lower interest rates than traditional payday loans. The National Credit Union Administration provides information on credit union services.

Payment Plans

Negotiate with your creditors to extend your payment due dates or split your current payment into smaller parts. Many are willing to accommodate if it means they’ll get paid in the end.

Local Nonprofits and Charities

Organizations in New Hampshire may offer assistance with utilities, food, and rent in emergencies. 211 New Hampshire can connect you to local resources.

Peer-to-Peer Lending Sites

Platforms like LendingClub or Prosper allow individuals to obtain loans funded by others. Rates often are more favorable than those for payday loans.

Family Loan

Borrowing money from family or friends can be a no or low-interest option, but it's important to agree on repayment terms to avoid damaging relationships.

Personal Loans from Banks

Some banks offer short-term loans or small personal loans with more competitive rates than payday loans. Check with local New Hampshire banks for options.

Advance Pay from Employers

Ask your employer if they offer a payroll advance. Some businesses in New Hampshire may provide a paycheck advance as an employee benefit.

Credit Counseling

Non-profit credit counseling agencies can offer guidance and may help negotiate with creditors to lower payments or interest rates. The National Foundation for Credit Counseling is a good starting point.

Government Assistance Programs

Explore eligibility for New Hampshire government assistance programs that can help with utilities, healthcare, and food. The New Hampshire Department of Health and Human Services offers several resources.

Side Jobs

Taking on a part-time job or gig work can provide extra income to cover an unexpected expense, reducing the need for a payday loan.

Selling Personal Items

Selling items you no longer need or use can generate quick cash. Online marketplaces or local buy-and-sell groups are good places to start.

Credit Card Cash Advance

If you have a credit card, a cash advance, while not ideal due to interest rates and fees, is still cheaper than a payday loan and can be a quick source of cash in emergencies.

Hardship Payment Plans for Bills

Contact your utility, phone, or other service providers to inquire about hardship payment plans. Many companies offer emergency assistance programs or special payment arrangements.

Community Financial Development Institutions (CDFIs)

CDFIs offer affordable lending to low-income consumers. In New Hampshire, these institutions can provide an alternative to payday loans with better terms and interest rates. The CDFI Fund provides a list of certified CDFIs.

While payday loans may seem like the only option in a financial emergency, many alternatives offer safer and more affordable ways to manage financial shortfalls. From seeking assistance through local New Hampshire resources to exploring lending options with lower interest rates, taking the time to explore these alternatives can save you from the high costs and debt cycle associated with payday loans.

Payday Advances Near Me in New Hampshire

Payday Loans by State