A. No person shall engage in the business of making loans to individuals for personal, family, household, or other nonbusiness purposes, and charge, contract for, or receive, directly or indirectly, on or in connection with any loan interest, charges, compensation, consideration, or expense that in the aggregate is greater than the interest permitted by § 6.2-303, whether or not the person has a location in the Commonwealth, except as provided and authorized by this chapter, Chapter 15 (§ 6.2-1500 et seq.), or Chapter 22 (§ 6.2-2200 et seq.) and without having first obtained a license under this chapter from the Commission.
B. No person shall engage in the business of arranging or brokering short-term loans for any consumer residing in the Commonwealth, whether or not the person has an office or conducts business at a location in the Commonwealth.
C. The provisions of subsection A shall apply to any person who seeks to evade its application by any device, subterfuge, or pretense whatsoever, including:
1. The loan, forbearance, use, or sale of (i) credit, as guarantor, surety, endorser, comaker, or otherwise; (ii) money; (iii) goods; or (iv) things in action;
2. The use of collateral or related sales or purchases of goods or services, or agreements to sell or purchase, whether real or pretended; receiving or charging compensation for goods or services, whether or not sold, delivered, or provided; and
3. The real or pretended negotiation, arrangement, or procurement of a loan through any use or activity of a third person, whether real or fictitious.
D. Any loan made in violation of this section is void, and no person shall have the right to collect, receive, or retain any principal, interest, fees, or other charges in connection with the loan.
2002, c. 897, § 6.1-445; 2005, c. 571; 2010, c. 794; 2020, cc. 1215, 1258.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
§ 6.2-1801. License requirement
§ 6.2-1803. Application for license; form; content; fee
§ 6.2-1805. Investigation of applications
§ 6.2-1807. Licenses; places of offices; changes
§ 6.2-1808. Acquisition of control; application
§ 6.2-1809. Retention of books, accounts, and records
§ 6.2-1812. Other reporting requirements
§ 6.2-1813. Investigations; examinations
§ 6.2-1816. Required and prohibited business methods
§ 6.2-1816.1. Loan terms and conditions
§ 6.2-1817. Authorized fees and charges
§ 6.2-1817.1. Inflation adjustment of maximum monthly maintenance fee
§ 6.2-1818.1. Refinancing of short-term loans
§ 6.2-1818.2. Statement of balance due; repayment and refunds
§ 6.2-1818.3. Restriction on certain fees and charges
§ 6.2-1818.4. Verification of borrower's income
§ 6.2-1821. Suspension or revocation of license
§ 6.2-1822. Cease and desist orders
§ 6.2-1823. Notice of proposed suspension or revocation
§ 6.2-1825. Criminal penalties
§ 6.2-1826. Validity of noncompliant loan agreement; private right of action
§ 6.2-1827. Application of chapter to Internet loans
§ 6.2-1828. Authority of Attorney General; referral by Commission to Attorney General
§ 6.2-1829. Violation of the Virginia Consumer Protection Act