Payday Lending Clearinghouse Updates
The last edition of the Legislative Update unveiled the League’s “Payday Lending Clearinghouse” webpage. The page, available at www.tml.org/payday-updates, includes the pleadings in each lawsuit that has been filed against cities regarding payday lending. In addition, the website includes an example ordinance that consolidates the regulatory features of the similar city ordinances, as well as additional information. It will be updated from time-to-time to reflect recent developments.
Since the last edition, the Town of Flower Mound has become the seventh Texas city to adopt an ordinance. In addition, some cities have asked what fee is appropriate to charge for a permit under the League’s example ordinance. The Flower Mound ordinance sets the registration fee at $50, and that is common. Of course, the common law rule is that a fee should approximate the amount needed to administer the ordinance. Thus, the fee amount can be set by each city accordingly.
In addition, the Flower Mound ordinance provides that “any lot containing a credit access business establishment shall be located at least one thousand (1,000’) feet from any lot containing another credit access business establishment, as measured in a straight line between the nearest points of one lot to the other lot.” It is possible that other cities have enacted similar distance or zoning-type ordinances in this area; the League will report on those when available. The Flower Mound ordinance and agenda information sheet are available on the clearinghouse page.