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HomeFinancial Code[DIVISION 10. CON...Ch. 3Art. 2§ 23060 Payday Loan Penalty Rules

§ 23060 Payday Loan Penalty Rules

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23060 Payday Loan Penalty Rules

Key Takeaways

  • •If a lender charges more money than the law allows for a payday loan, the whole loan becomes invalid.
  • •The borrower doesn’t have to pay back the loan or any extra fees if the lender breaks these rules on purpose.
  • •If the lender breaks any other rules while making or collecting the loan, the loan is also invalid, and the borrower doesn’t owe anything.

Example

You take out a $300 payday loan, and the lender charges you $60 in fees, but the law only allows $45.

Because the lender charged too much on purpose, the loan is canceled. You don’t have to pay back the $300 or the $60 fee.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23060 Payday Loan Penalty Rules

(a) If any amount other than, or in excess of, the charges or fees permitted by this division is willfully charged, contracted for, or received, a deferred deposit transaction contract shall be void, and no person shall have any right to collect or receive the principal amount provided in the deferred deposit transaction, any charges, or fees in connection with the transaction. (b) If any provision of this division is willfully violated in the making or collection of a deferred deposit transaction, the deferred deposit transaction contract shall be void, and no person shall have any right to collect or receive any amount provided in the deferred deposit transaction, any charges, or fees in connection with the transaction. (Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

Last verified: January 23, 2026

Key Terms

transactionagreementcontractconnectioncollection

Related Statutes

  • § 23061 Deferred Deposit Overcharge Penalties
  • § 22750 Void Loan Contracts
  • § 23062 Deferred Deposit Violation Penalties
  • § 328 Interagency Financial Agreements
  • § 22551 Loan Amount Verification Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 23060.
View Official Source