§ 22-39. Maximum interest rate.

A secondhand dealer who engages in title loan transactions may not exceed the following interest rates:

(1)

A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5) percent per 30-day period the title loan agreement remains outstanding and unsatisfied. In determining compliance with the maximum interest and finance charges, the computation must be simple interest and not add-on interest or any other interest computation.

(2)

If the title loan agreement has not been satisfied within three hundred sixty (360) days, a secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per annum for the time the title loan agreement remains outstanding and unsatisfied beyond three hundred sixty (360) days.

(3)

The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not exceed, the annual percentage rate that must be computed and disclosed as required by the Federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. When the period for which the charge is computed is more or less than one month, the maximum rate for the period must be computed on a basis of one-thirtieth ( 1/30 ) the applicable monthly interest rate, multiplied by the number of days of the period.

(4)

Any transaction involving a borrower's delivery of a motor vehicle certificate of a title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment of a sum of money, whether the transaction be characterized as a "buy-sell agreement," "sale-lease-back agreement," or otherwise, shall be deemed a violation of this article if such sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this article or if the terms of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this article.

(5)

Any fees or taxes aid to a state agency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the permitted finance and interest charge.

(6)

No charges, including interest, in excess of the combined total of all charges permitted by this section shall be allowed.

(Ord. No. 1998-34, § 1, 2-1-99)