Even when customers avoided jail, the Observer has found, payday loan companies have used Texas courts and prosecutors as de facto collection agencies. This is despite state laws that forbid payday loan companies from even threatening to pursue criminal charges against their customers, except in unusual circumstances. The law specifically prohibits theft charges when a post-dated check is involved. (Most payday loans require borrowers to provide a post-dated check or debit authorization to get the money.
) The state Office of Consumer Credit Commissioner has advised the payday loan industry that criminal charges may be pursued only in very limited situations where it can be proven that a borrower knew a check would bounce. The Consumer Service Alliance of Texas, a mcb personal loan curacao association representing 80 percent of Texas payday and title loan companies, is even more strict about the practice.
Members will not threaten, or pursue, criminal action against a customer as a result of mcb personal loan curacao customers default on a credit service agreement, according to the groups website.
I think the idea of debtors prison is offensive to most people and thats why we have prohibited this in the law, said Ann Baddour of Texas Appleseed, an Austin-based organization that advocates for the poor.
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