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 interest rate on a loan is illegal? ›

The California Constitution prohibits loans that are made primarily for personal, family or household purposes from having interest rates above 10% per year. This is California's general usury law.

What is the maximum interest rate allowed by law in Georgia? ›

7% per year

What is the highest auto loan interest rate allowed? ›

There is no set federal maximum, although some states do set caps. According to data from Experian, average rates range from 5.38 percent to 21.57 percent, depending on credit and vehicle type. And these are just averages — individual lenders may charge max rates of 30 percent or more.

What is the highest interest rate you can legally charge? ›

The bottom line

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. State usury laws often dictate the highest interest rate that can be charged on loans, but these often don't apply to credit card loans.

Can you sue for high interest rates? ›

Every state has its own usury laws that determine the maximum rates of interest that are allowed on loans. Under usury laws, a lender is not permitted to charge an outrageous interest rate. If an individual is charged an exorbitant or illegally high interest rate, they may be a victim of usury.

What interest rate is predatory lending? ›

What interest rate do predatory loans have? Many predatory loans have interest rates in the triple-digits. Payday lenders typically have a 391% APR. Personal finance experts cite 36% as the cap for affordable loans.

What interest rate is too high for a 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.

Why are car loan interest rates so high? ›

The Federal Reserve does not determine auto loan rates, but it does determine the rate at which banks can borrow federal funds. Due to that, it influences the rates banks then charge customers for loans, including ones on cars. In addition, inflation pushes vehicle sticker prices higher.

What is a good interest rate for a 72-month car loan? ›

Compare 72-Month Auto Loan Rates
LenderStarting APRAward
1. MyAutoloan6.99% for 72-month auto loansBest Low-Rate Option
2. Autopay5.69%*Most Well-Rounded
3. Consumers Credit Union5.99% for 72-month loansMost Flexible Terms
4. PenFed Credit Union4.74% for 72-month loansMost Cohesive Process
1 more row
Aug 31, 2024

Which states have usury limits? ›

Download Table Data
StateLegal Interest Rate (%)General Usury Limit
Alaska10.5%5% (see notes)
Arizona10%
Arkansas6%variable (see notes)
California10%5% (see notes)
47 more rows

What is the difference between interest and usury? ›

Historically, the term usury was used to describe all forms of lending involving the payment of interest by the borrower. In recent times, however, the term is generally used to describe only those loans which carry particularly high rates of interest. These high rates have therefore come to be known as usury rates.

Do usury laws apply to private loans? ›

Usury laws apply to private loans that are made for credit cards, loans, and other reasons. Summary: The law limits the amount of interest that can be charged on a loan. Usury laws apply to private loans and all types of loans except commercial loans.

Is 24% interest legal? ›

There is no federal limit on interest rates.

For example, California generally restricts simple interest on any loan or forbearance at 10% each year, but the interest rate cap in the District of Columbia is more than twice that, at 24%.

Is 30% interest illegal? ›

There is no limit on card interest rates

Usury refers to lending at a rate of interest that is so high as to be unreasonable. While many states have usury laws that limit the interest rates that lenders can charge, many of these state laws don't apply to credit card rates.

What is the maximum interest rate on a personal loan? ›

Personal Loan Interest Rate. The personal loan interest rates range between 9.99% p.a. and 44% p.a. Depending on the loan amount availed by you, your credit score, and repayment tenure, the rate of interest on your loan is decided.

What is considered a bad interest rate on a loan? ›

Generally, what's considered a bad interest rate is anything higher than 10%. Ideally, you want to get an interest rate that's below 5% — but with little or bad credit, that can be harder to achieve.

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