A. A licensee may charge, collect, and receive only the following fees and charges in connection with a short-term loan, provided such fees and charges are set forth in the written loan contract described in § 6.2-1816.1:
1. Interest at a simple annual rate not to exceed 36 percent;
2. Subject to § 6.2-1817.1, a monthly maintenance fee that does not exceed the lesser of eight percent of the originally contracted loan amount or $25, provided the fee is not added to the loan balance on which interest is charged;
3. Any deposit item return fee incurred by the licensee, not to exceed $25, if a borrower's check or electronic draft is returned because the account on which it was drawn was closed by the borrower or contained insufficient funds, or the borrower stopped payment of the check or electronic draft, provided that the terms and conditions upon which such fee will be charged to the borrower are set forth in the written loan contract described in § 6.2-1816.1; and
4. Damages and costs to which the licensee may become entitled to by law in connection with any civil action to collect a loan after default, except that the total amount of damages and costs shall not exceed the originally contracted loan amount.
B. A licensee may impose a late charge according to the provisions of § 6.2-400 provided, however, that the late charge shall not exceed $20.
2002, c. 897, § 6.1-460; 2008, cc. 849, 876; 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