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7.26.070 Payment Plan for a Payday Loan

Label: City code section
  1. A. A payday lender and a borrower may agree to a payment plan for a payday loan at any time.
  2. B. A payday lender must disclose to each borrower that a payment plan described in this Section is available to the borrower after the maximum number of renewals allowed by state law. The payday lender must disclose this requirement to the borrower in a minimum of bold 12-point type.
  3. C. After a payday loan has been renewed to the maximum amount allowed by state law, and prior to default on the payday loan, a payday lender must allow a borrower to convert the borrower's payday loan into a payment plan.  Each payment plan must be in writing and acknowledged by both the payday lender and the borrower.
  4. D. The payday lender may not assess any fee, interest charge or other charge to the borrower as a result of converting the payday loan into a payment plan. 
  5. E. The payment plan must provide for the payment of the total of payments due on the payday loan over a period of no fewer than 60 days in three or more payments. The borrower may pay the total of payments due on the payment plan at any time. The payday lender may not assess any penalty, fee or other charge to the borrower for early payment on the payment plan.
  6. F. A payday lender's violation of the terms of a payment plan entered into with a Borrower under this Section constitutes a violation of this Chapter. If a payday lender enters into a payment plan with a borrower through a third party that is representing the borrower, the payday lender's failure to comply with the terms of that payment plan constitutes a violation of this Chapter.
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