Car Loan Usury: Unfair and Illegal Interest Rates | Weitz & Luxenberg (2024)

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Because cars and trucks are so expensive, you probably cannot afford to pay the full price right up front. Instead, you have to take out a loan.

Places that offer financing for cars and trucks include:

  • Banks
  • Credit Unions
  • Independent lending companies
  • Lending companies owned by vehicle makers

In the typical loan arrangement, your lender gives the dealership full, up-front payment for your desired vehicle. You then pay back the lender in monthly installments over a set number of years.

Factored into each monthly payment is an amount of interest. This interest is charged at an annual fixed rate and is the profit the lender earns from giving you that loan.

The interest rate the lender sets depends on two things — what the lender thinks you will pay and what the law allows them to charge you.

The law says that lenders cannot charge more than 16 percent interest rate on loans. Unfortunately, some lending companies owned by or affiliated with vehicle makers have devised schemes whereby you are charged interest at rates exceeding the maximum permitted by law. This is called usury.

Carmaker-Owned Lenders Know That You Have Few Choices

People pay usurious interest on their vehicle loans either because they don’t know there are caps on allowable interest rates or they have no choice. Carmaker- affiliated lenders know this. That is why some of them fix their interest rates higher than the law allows.

They recognize that your automobile is indispensable — it gets to and from your job and everywhere else you need to go. At the same time, they know you cannot buy that vehicle without their financial help.

They bet on the fact you won’t object when they charge usurious interest rates.

But usurious interest rates disproportionally hurt individuals who are the least able to pay such rates — they are financially devastating. Here’s how. The higher the interest rate, the more expensive the vehicle becomes over time.

For example, say you bought a car for $20,000. You take out a loan for that amount and plan to pay it back over five years. The lender charges an interest rate of 5 percent.

By the end of those five years, you will have paid a grand total of about $22,600. If the interest rate is 24 percent — a usurious rate in New York — you will have paid approximately $34,500 for that same vehicle.

Or say you want smaller monthly payments. To lower them, your loan must be extended. So you agree to repay the $20,000 over seven years. By the end of the loan term, at 24 percent you will have paid nearly $41,500 for the vehicle.

Consumers Are Taking Action Against Usury Lawbreakers

In New York state, the most a lender can charge for annualized interest is 16 percent. However, one of our New York clients was charged an annualized interest rate of nearly 24 percent for his vehicle loan.

He would have had to pay nearly double the purchase price of the vehicle by the time he made his final payment. But he seeks to avoid that outcome by fighting back.

By participating in a class-action lawsuit we filed, our client — and many others harmed in the same way — may not have to pay any unpaid principal or additional interest on their car loans.

They also may be able to get back all the interest they already paid that was more than the 16 percent annual legal limit.

You Should Be Compensated for Car-Loan Usury

It is the practice among some dealerships to aggressively push buyers into loans from lenders owned by or affiliated with the manufacturer of the car or truck being bought. These loans often come with usurious rates of interest.

We are litigating against this unconscionable practice and fighting to stop it.

You should never have to pay a penny more in interest above the amount a car-loan lender can legally charge you.

If you own a car or truck purchased with financing obtained from a lender owned by or affiliated with the vehicle’s maker, and you pay a higher interest rate than is allowed in your state, you may be entitled to compensation for usurious interest rate charges.

But your lender will not compensate you without a fight. That’s why you’ll need to be represented by a law firm with a reputation for fighting twice as hard as the lender you’re suing. Read more about car loan usury: .

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury, consumer protection, and class action law firm, Weitz & Luxenberg is committed to helping clients win cases. For more than 25 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $17 billion for our clients.

Car Loan Usury: Unfair and Illegal Interest Rates | Weitz & Luxenberg (2024)

FAQs

What is the highest legal APR on a car loan? ›

The law says that lenders cannot charge more than 16 percent interest rate on loans. Unfortunately, some lending companies owned by or affiliated with vehicle makers have devised schemes whereby you are charged interest at rates exceeding the maximum permitted by law. This is called usury.

How do lenders get around usury laws? ›

Lenders often use the state-by-state variation in usury standards to their advantage. The 1978 Supreme Court decision in Marquette National Bank v. First of Omaha Corp. allowed banks to set interest rates according to law in the state where their business was incorporated, rather than where the borrower was located.

Can you sue for high interest rates? ›

If an individual is charged an exorbitant or illegally high interest rate, they may be a victim of usury. Usury laws are complex and have many exceptions. If an individual is making a loan or defending against allegations of usury, they should consult with an experienced financial attorney.

Is charging an illegally high interest interest rate to consumers known as usury? ›

Usury is interest that a lender charges a borrower at a rate above the lawful ceiling on such charges; a contract upon the loan of money with an illegally high interest rate as a condition of the loan. Usury is also the act of making a loan at such an interest rate; making a loan at a usurious rate.

What APR is too high for a used car? ›

Car Loan APRs by Credit Score

Excellent (750 - 850): 2.96 percent for new, 3.68 percent for used. Good (700 - 749): 4.03 percent for new, 5.53 percent for used. Fair (650 - 699): 6.75 percent for new, 10.33 percent for used. Poor (450 - 649): 12.84 percent for new, 20.43 percent for used.

What is maximum interest rate allowed by law? ›

There's no federal regulation on the maximum interest rate that your issuer can charge you, though each state has its own approach to limiting interest rates.

What happens if the usury law is violated? ›

Penalties for violating usury may include recovery of a multiple of the usurious interest paid, elimination of the borrower's obligation to pay interest going forward, or even jail time.

Is usury a federal crime? ›

Lending money at an unreasonably high rate of interest. Usury is regulated and enforced primarily by state usury laws, including the rate of interest determined to be usurious. However, there are federal laws that may also apply, including the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.

What is forbidden usury? ›

To remedy the situation, governments tried to make it illegal for institutions to charge unreasonably high interests rates. They also tried to cap the amount of interest that could be charged. Today, the term usury is defined as the illegal practice of loaning money at interest rates that are unreasonably high.

What is an example of a loan that is a common exception to usury law? ›

Most First Lien Residential Mortgage Loans

Specifically, federal law (12 U.S.C. 1735f - 7A ) preempts state usury law for any loan, mortgage, credit sale or advance that is secured by a first lien on: Residential real property. Stock allocated to a dwelling unit in a residential cooperative.

What interest rate on a loan is illegal? ›

The Basic Rate: The California Constitution allows parties to contract for interest on a loan primarily for personal, family or household purposes at a rate not exceeding 10% per year.

What can a lender legally use to charge you a higher interest rate? ›

Lenders might be able to bypass a legal rate of interest through similar methods used to circumvent usury laws. For instance, credit card providers are allowed to charge interest rates based on the state where the company is incorporated rather than the states where their customers live.

What was the punishment for usury? ›

The penalty may include the lender having to return all interest to the borrower, most often with additional fees added on. The fees usually amount to more than the interest the creditor would have received. Violators may also be subject to jail time.

What are the consequences if a lender attempts to charge or collect a usurious interest rate? ›

If a lender charges above the lawful interest rate, a court will not allow the lender to sue to recover the unlawfully high interest, and some states will apply all payments made on the debt to the principal balance. In some states, such as New York, usurious loans are voided ab initio.

Are banks guilty of usury? ›

Institutions that provide consumer loans are typically exempt from usury laws. Institutions include banks, savings and loans, credit unions, licensed pawnbrokers, licensed finance lenders, and personal property brokers. A loan over a certain amount could be exempt from usury laws.

Is 25% APR illegal? ›

a. The Basic Rate: The California Constitution allows parties to contract for interest on a loan primarily for personal, family or household purposes at a rate not exceeding 10% per year.

Is 24.99 APR high for a car loan? ›

A 24.99% APR is not good for mortgages, student loans, or auto loans, as it's far higher than what most borrowers should expect to pay and what most lenders will even offer. A 24.99% APR is reasonable for personal loans and credit cards, however, particularly for people with below-average credit.

What is an acceptable APR for a car loan? ›

What is a good APR for a car loan with my credit score and desired vehicle? If you have excellent credit (750 or higher), the average auto loan rates are 5.07% for a new car and 5.32% for a used car. If you have good credit (700-749), the average auto loan rates are 6.02% for a new car and 6.27% for a used car.

Is the 20% interest rate high for a car? ›

Because of this, low credit scores often lead to higher interest rates as high as 20%. On average, bad credit gets you an average of 18.77% on a new car loan and 19.02% on a used car loan.

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