A. WASHINGTON STATE PAYDAY LOAN CUSTOMER RIGHTS
At the time you repay a payday loan with Check Masters, you should have sufficient funds to meet your other financial obligations. If you cannot pay other bills because you are paying off a payday loan with Check Masters, you should enter the installment plan offered in connection with our payday loans.
Your right to an installment plan when you are unable to pay a small loan when it is due. If you will be or are unable to pay a payday loan when it is due, you may convert your loan to an installment plan with us by notifying us on or before the loan’s due date. If the amount owed on your loan is four hundred dollars or less, you may enter into an installment plan that allows you to pay off your loan in substantially equal payments over ninety days. If the amount owed is more than four hundred dollars, you may enter into an installment plan that allows you to pay off your loan in substantially equal payments over one hundred eighty days. An installment plan will allow you to pay all that you owe without having to pay any additional fees, interest charges or other charge for converting your small loan into an installment plan. You agree to make any request for an installment plan by 3:00 p.m. on the Due Date.
Your right to rescind (cancel) a loan. Our online loan customers have the right to rescind a payday loan by returning the amount of the loan in cash to any Check Masters store by the close of business on our next business day following the date the loan proceeds become available in your Bank Account. If you wish to cancel an online loan but it is inconvenient for you to pay at a Check Masters store, you may instead notify us of your decision to cancel by sending us an email from your Check Masters online account by 8:00 p.m. (Pacific Time) the day after the loan proceeds become available in your Bank Account. By notifying us of that decision, you would authorize us to immediately initiate a Debit of the Principal Amount from your Bank Account (if your bank returns our Debit request unpaid, your cancellation would not be effective and the loan payment amount (including the finance charge) would be due on the loan’s due date). We may not charge you for canceling the loan and your electronic fund transfer authorization becomes void if you effectively cancel the loan.
B. GENERAL NOTICES
NOTICE: We adhere to the USA Patriot Act and we are required by law to adopt procedures to request and retain in our records information necessary to verify your identity.
NOTICE: A short-term loan provides the cash needed to meet an immediate short-term cash-flow problem. It is not a solution for longer-term financial problems for which longer-term financing may be more appropriate. You may want to discuss your financial situation with a nonprofit financial counseling service in your community.
C. IMPORTANT INFORMATION
DFI Notice: If you have questions about your rights and responsibilities when taking out a payday loan, contact the Department of Financial Institutions at 1-877-746-4334, or 360-902-8700, or 150 Israel Road S.W., Tumwater, Washington, 98501 or www.dfi.wa.gov
Payday Loan Fees: We charge loan fees (finance charges) for payday loans determined as follows: if the amount borrowed (loan amount) is $500 or less, the loan fee is 15% of that amount; if the loan amount is over $500, the loan fee is 15% of the first $500 and 10% of the amount over $500. For example, the loan fee on a $100 loan is $15, and the loan fee on the $700 maximum loan amount is $95. A payday loan is repaid with one payment due on the loan’s due date; the payment amount is equal to the loan amount plus the loan fee.
Annual Percentage Rate (APR): The APR is the cost of a loan expressed as a yearly rate. The APR varies depending on the loan term (number of days between the date of the loan and its due date), and on whether the amount borrowed exceeds $500. For example, on a $100 loan, if the loan term is 14 days the APR is 391.07%, and if the loan term is 21 days the APR is 260.71%. On a $700 loan, if the loan term is 14 days the APR is 353.83%, and if the loan term is 21 days the APR is 235.88%.
Small Loan Endorsement: The Washington Department of Financial Institutions has issued a Small Loan Endorsement to McCarthy Finance, Inc., doing business as Check Masters, for our main office in Lynnwood, Washington (License No. 530-SL-16442). Our mailing address is P.O. Box 2034, Lynnwood, WA 98036-2034.
D. ELECTRONIC DISCLOSURE AND CONSENT
This Electronic Disclosure and Consent ("Consent") contains important information about how we will deliver the terms of your payday loan agreement, together with disclosures and notices required by applicable law relating to your initial online payday loan with us and all subsequent online transactions, which for each transaction will include your loan amount, the loan fee, payment due date, method of payment, a consumer credit cost disclosure, disclosures regarding the conditions and terms of your right of rescission and right to a payment plan, our privacy policy, and all other communication (collectively "Disclosures") about our online payday loans or related services, whether available now or in the future (the "Services"). This is your copy of the Consent. Please read it carefully and print or download it and retain a copy of it for your records.
Consent to Electronic Disclosures. By clicking on the "Submit" button on your loan application, you affirmatively consent to receive and acknowledge you can access, receive, and retain all Disclosures electronically, whether viewable through your Check Masters online account or sent by email either as a text or html file or other electronic means. The decision to do business electronically is yours. You cannot use the Check Masters online payday loan service unless you agree to receive Disclosures in electronic form. If you do not consent to receiving Disclosures in electronic form, you may apply for a payday loan in person at one of our store locations.
Scope of Consent. Your consent to receive Disclosures electronically applies to all forms of documents, disclosures, and notices required under applicable law related to your online payday loan application and payday loan agreement, any and all future online payday loan(s) or related Services, and maintenance or activity regarding your payday loan account, and shall remain valid until such time as you exercise your right to revoke this consent. If you revoke this consent, you cannot use the Check Masters online payday loan service for future loans, but you may continue to apply for payday loans online or in person and finalize the transactions in person at our store locations.
Receiving Electronic Disclosures. Disclosures will be made to you by way of your Check Masters online account and/or via emails we send to an email address you designate. You agree to notify us promptly if your mailing address, email address or other information changes by sending us an email from your Check Masters online account, or in person at any of our store locations (which are listed on our website, www.check-masters.com). Provided you have consented to receiving Disclosures electronically, you may request paper copies of any Disclosures by writing to us at McCarthy Finance, Inc., P.O. Box 2034, Lynnwood, WA 98036 or emailing us from your Check Masters online account, and we will mail paper copies of the requested Disclosures to you.
Hardware and Software Requirements. In order to use the online payday loan service or other related Services and to access, receive, and retain Disclosures electronically, you must satisfy the hardware and software requirements detailed below. We will notify you of any changes to these hardware and software requirements if the proposed change will adversely affect your ability to access, receive, and retain subsequent Disclosures from us. The hardware and software requirements, which you must satisfy at your own expense, are as follows:
Withdrawal of Consent to Electronic Disclosures. If you agree to receive Disclosures electronically, you can withdraw your consent at any time by emailing us from your Check Masters online account and specifying you are withdrawing your consent to receive Electronic Disclosures related to your online payday loan account. You will not be charged a separate fee if you choose to withdraw your consent; however, the Services will automatically terminate and you will have to submit a renewed consent to the Electronic Disclosure and Consent for any future online payday loans or related services (which you will do by submitting an online loan application). Termination of your consent will not affect the legal validity and enforceability of any Disclosure, electronic or otherwise, before the effective date of the termination of your consent.