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Delaware Cash Advance Laws & Regulations

Delaware payday loans are regulated by the Delaware State Bank Commissioner and by Delaware legal statute. There are not many strict requirements placed on the Delaware payday lending process, as the state recognizes a broad freedom to contract. This means that residents enjoy a great deal of autonomy when choosing to borrow from a payday lender. The regulations that are in place serve to keep loan amounts low and keep rotating debt to a minimum. As of January 2013, no further legislative mandates governing cash advances have been passed. Delaware residents can find their state’s regulations listed below.

Here are some specific Delaware regulations, to protect consumers from predatory lending in the payday loan industry:

  • Maximum Payday Loan Term
    60 days
  • Maximum Finance Charges and Fees
    No Limit
  • Maximum Loan Amount
    $1,000
  • Number of Rollovers
    Four
  • Outstanding Loans Allowed at Once
    No limit, but no more than $1000 in payday loans at any given time
  • Cool-Off Period
    N/A
  • Payment Plan
    Discuss with your lender
  • Collection Fees
    N/A
  • Presentment Limit
    None
  • Private Right of Action
    Civil and criminal charges for fraudulent checks
  • Military Protection
    N/A
  • Penalties
    Arbitration, attorney fees, and entire cost of loan including fees

References:

Delaware Code, Annotated Title 5 § 2227 et seq.

Delaware Office of the State Bank Commissioner
555 E. Loockerman Street Suite 210
Dover, DE  19901
Phone:  (302) 739-4235
Fax:  (302) 739-3609
Web:  Delaware Office of the State Bank Commissioner