Best Practices for Payday Lending


The California Financial Service Providers Association has established the uniform code of ethical business practices below, which we call Best Practices, to let our members' customers know how they can expect to be treated. All regular CFSP members are required to follow these Best Practices and to re-commit to follow them annually. CFSP's Best Practices ensure that our members conduct themselves responsibly and protect customers' rights. CFSP publishes these Best Practices as part of our leadership efforts in self-governance of the check cashing and payday advance industry in California and to assure the customers that they will be treated fairly and ethically by our members. If you have any questions about these Best Practices, please contact us.

Licensing.

To provide check cashing services, a member will hold an active check cashers permit issued by the Department of Justice. To provide deferred deposit loans either directly or as an agent in the state of California, a member will hold an active license issued by the Department of Corporations.

Compliance

A member will comply with all applicable state and federal laws governing money services businesses and those offering financial products as well as all local ordinances including signage ordinances.

Privacy

A member will take reasonable steps to protect its customers� non-public personal information.

Truthful advertising.

A member will not advertise any service in a false, misleading, or deceptive manner.

Disclosure of fees.

A member will post its fees in a conspicuous manner and in compliance with state law, and provide every customer with a printed receipt showing the transaction details.

Appropriate collection practices

A member will collect past due accounts in a professional and fair manner in compliance with accepted collection standards and laws. A member will not use threats, intimidation, or unlawful harassment to collect accounts.

Self-policing of the industry.

A member will participate in self-policing of the industry by reporting violations.

Consumer Hotline.

A member will maintain and post its own consumer hotline number in each of its Sites.

Deferred Deposit Loan (Payday Loan/Payday Advance/Cash Advance).

(a) Encourage consumer responsibility. A member will, in its written promotional materials, inform consumers of the intended use of deferred deposit loans, including notifying consumers that this type of loan is short-term cash �flow tool not designed as a solution for longer term financing.

(b) Full disclosure. A member will comply with all applicable state and federal disclosure requirements. A contract between a member and the customer must fully outline the material terms of the transaction, including disclosure of the cost of the service fee both as a dollar amount and as an annual percentage rate (APR).

(c) Compliance. A member will not charge a fee nor engage in any practice that has the effect of imposing a fee when such fee is not authorized by state law.

(d) Right to rescind. A member will give its customers the right to rescind, at no cost, a deferred deposit loan on or before the close of the following business day.

(e) Prohibit roll-overs. A member will require customers to repay a deferred deposit loan in full prior to making another loan to the same customer.

(f) No criminal action. A member will not threaten or pursue criminal actions against a customer as a result of a default on a deferred deposit loan.

(g) No treble damages. A member will not collect treble damages for a returned deferred deposit loan check in compliance with state law.

(h) Repayment arrangements. A member will accept and enter into reasonable repayment arrangements with customers in default. Upon acceptance of a repayment arrangement negotiated through a third party credit counselor, a member will honor the terms of repayment arrangement


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Click Here for Registration / Agenda for 2018 CFSP Conference

CFSP MEMBERS!

If you were unable to attend CFSP 2018, you may purchase copies of all of the speaker presentations - contact Sherrie at cfsp@wisemgts.com 

SUNDAY, May 6

8:00 to 4:00

IInnovative Expo Exhibit Floor Set-Up

12:00 to 4:00 Exhibitor Booth Set-Up
12:00 to 1:00 Board Luncheon
1:00 to 2:45 Annual Board Meeting
1:00 to 5:00 Registration & Welcome to Indian Wells
Coachella Date Shakes & Treats
Sponsored by Continental Currency Services
3:00 to 3:20 CA Annual Meeting

Elections, Tom Leonard, CFSP Executive Director

Treasurers Report, Rob Grieser, CFSP Treasurer

Legislative Report, Blake Miraglia, CFSP Legislative Chair
3:30 to 5:45 General Session 1

Opportunities & Challenges

Welcoming Remarks, Tom Leonard, CFSP Executive Director

Remarks from Outgoing President, Dan Gwaltney

Remarks from New CFSP President Elect

Cyber Currency as a Revenue Builder
Marc Grens, Co-Founder & President DigitalMint, Chicago, Ill.

Prepaid Cards
Andrew Siden, CEO Prepaid Ventures, LTD
5:30 to7:30 Exhibit Hall Opens
Heavy Hors d' oeuvres
Sponsored by Western Union

MONDAY, May 7

6:45 to 7:45 Early Bird Pastries/Coffee
Co- Sponsored by LeadsMarket &
7:45 to 9:30 General Session 2

National Issues Panel, Moderated by: Ed D'Alessio, Exec Dir FISCA

Eric Norrington, ACE Cash Express

Les Stricker, VP Surety Bank

Sexual Harassment, Michael Aparcio, Attorney, Davis Wright Tremaine LLP, SF
9:30 to 11:15 General Session 3

CA Issues Panel Moderated by CFSP President Elect

Jason Schmelzer, CFSP Lobbyist

Customer Demand, Jason Romrell, General Counsel, LeadsMarket.com

Report from DBO, Mona Elsheikh, Deputy Commissioner (Financial Services)

Eileen Newhall, Staff Director, Senate Banking and Financial Institutions Committee

Q & A, Blake Miraglia, CFSP Legislative Chair
11:15 to 1:00 Sandwich Buffet Lunch in Exhibit Hall Sponsored by
1:00 to 6:00 Attend Workshops or Relax in resort, Golf
Enjoy Spa & Pool and the company of the attendees
1:30 to 5:30 Golf Event @ Indian Wells Beautiful Celebrity Course - SHOT GUN START
Sponsored by Capital Compliance Experts
2:00 to 3:00 Workshop - Privacy & Security Issues
David Lott, Principal Consultant, Lead Cybersecurity Architect, Capro
3:15 to 4:15 Workshop - Customer Profiles Jason Romrell, General Counsel, LeadsMarket.com
6:00 to 8:30 Exhibit Hall Dinner Crystal
Sponsored by MoneyGram
8:30 to 9:30 Desserts/drinks
Sponsored by Netspend

TUESDAY, May 8

8:00 to 1:00 Exhibitor tear downs
8:00 to 9:00 Sponsored by Capro
9:00 to 10:00 CA HR Law Update
Michael Aparcio    Attorney for Davis Wright Tremaine LLP, SF
10:00 to 12:00 General Session 4

Importance of Compliance Panel Moderated by Paul Soter, CFSP Legal Counsel

Michelle Hemerley, Chief Compliance and BSA Officer CURO Financial Technologies Corp

Marchael Kelly, Field Specialist, California Department of Business Oversight

Terrance Murphy, Marketing Director, Continental Currency Services

    NOON  Conference Closes, see you next year at Rancho Las Palmas