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Guide

Payday Loan Laws by State in 2026: Caps, Fees, and Regulators

Payday lending is licensed and operating in 37 states, banned in 13, and priced through three distinct regimes, so the same short-term advance can be a $75 fee in one state, a 36% APR installment in another, and unavailable over the counter in a third. This guide maps the regimes, the ban states, and the regulators as of 2026, and shows what residents of each kind of state actually borrow.

The Three Pricing Regimes

Per-$100 fee states. The dominant model prices credit like a service: a flat fee of roughly $10 to $30 per $100 borrowed per term, with 15% per $100 the most common number. On a $500 advance held 14 days, 15% is $75, an APR of about 391%. Alabama runs higher at 17.5%, which is $87.50 on $500 and about 456% APR. Terms run 14 to 31 days, and repayment is a single debit on your next payday.

36% APR cap states. A group of states caps rates near 36% and adds modest flat fees, pricing that storefront payday economics cannot survive. Classic two-week payday is effectively phased out, and what remains is small installment credit. Colorado licenses loans at 36% APR with monthly fees, and Ohio’s Short-Term Loan Act allows up to $500 at 28% APR with monthly maintenance fees that raise the effective cost.

The Texas broker model. Texas has no statutory amount cap. A licensed Credit Access Business brokers the loan and a third-party lender funds it, and the broker’s fees sit outside the interest rate framework. Costs are set by contract rather than by statute, and effective APRs commonly exceed 400%.

The 13 Ban States and What Residents Actually Use

Thirteen states do not license payday lending, including Arkansas, Connecticut, Georgia, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Vermont, and West Virginia. Banning the storefront does not ban the need, and residents of those states borrow through what remains:

  • Credit union Payday Alternative Loans: $200 to $2,000 at a 28% APR cap over 1 to 12 months.
  • App advances from EarnIn, Dave, Brigit, MoneyLion, Chime, and Varo: $20 to $700 against an incoming paycheck, usually for a tip or a subscription.
  • State-capped installment lenders and small personal loans.
  • Tribal installment loans: chartered by federally recognized tribes, so state bans do not reach them, though federal law does.

This site does not serve Arkansas, New Hampshire, Vermont, West Virginia, or New York at all, so applicants from those states are declined at the door regardless of product.

What the Rules Look Like in Practice

Representative state rules in 2026:

State Max advance Fee regime Notes
California $300 check 15% fee You net $255 on a $300 check; the $45 fee is about 459% APR on the money received
Texas No amount cap CAB broker fees A licensed credit access business brokers the loan; costs set by contract
Alabama $500 17.5% fee $87.50 on $500, about 456% APR on a 14-day term
Washington $700 15% fee Also capped at 30% of gross monthly income; extended plans available
Florida $500 10% fee + $5 verification One loan at a time; 60-day repayment plan if you cannot repay
Illinois $1,000 15% per $100 Also capped at 25% of gross monthly income
Ohio $500 28% APR Short-Term Loan Act; monthly maintenance fees raise the effective cost
Colorado $500 36% APR + fees Classic payday phased out; installment-style with monthly fees
Tennessee $500 15% fee 15% of the face check, with terms up to 31 days
Virginia $500 Fee table The Virginia Payday Lending Act sets fees by term; one loan at a time

Regulators, Licenses, and the Complaint Route

Every per-$100 state licenses payday lenders through a financial regulator: the California Department of Financial Protection and Innovation, the Florida Office of Financial Regulation, the Texas Office of Consumer Credit Commissioner, the Washington Department of Financial Institutions, and equivalents elsewhere. The license is the leverage. Regulators examine lenders, fine them, suspend or revoke licenses, and order restitution, and they publish enforcement actions you can search before you borrow.

The complaint route is straightforward. Find the lender’s license in the regulator’s lookup, file through the regulator’s complaint portal, and attach the contract, the payment schedule, and your bank records. If the lender is tribally chartered, the state regulator generally has no jurisdiction, so file with the CFPB instead; if the lender is a NAFSA member, its member code adds an internal grievance path on top.

Why This Map Matters

Price and availability move state by state, so the honest first step is knowing your own state’s line: the cap, the fee, the term, and the regulator to complain to. Our rates and fees page carries the full state-by-state fee table, and our guide to the real cost of a $300 payday loan shows what these regimes do to one loan size in dollars.

Frequently asked questions

Is payday lending legal in every state?
No. Licensed payday lending operates in 37 states, and 13 states do not license it at all. Banning the storefront does not ban the need, so residents of those states borrow through credit union payday alternative loans, app advances, state-capped installment credit, and tribal installment loans, which state bans do not reach. A few additional states cap rates near 36%, which phases classic payday out in practice.
What is the typical payday loan fee?
The most common regime is a flat fee of about $10 to $30 per $100 borrowed per term, with 15% per $100 the modal number. On a $500 advance held 14 days, 15% is $75, which is an APR of about 391%. Some states run higher, such as Alabama at 17.5%, and others cap APR near 36% and add modest monthly fees instead of a per-$100 charge.
How do I file a complaint against a payday lender?
Start with the regulator that licenses the lender, usually the state department of financial institutions or banking. Its website lists a license lookup and a complaint portal. Attach the contract, the payment schedule, and your bank records, and keep copies of everything you submit. If the lender is tribally chartered, file with the Consumer Financial Protection Bureau instead, because state regulators generally lack jurisdiction.
Why does Texas have no payday loan amount cap?
Texas licenses payday lending through the Credit Access Business model. A licensed broker arranges the loan and a third-party lender funds it, so the broker's fees sit outside the usury framework that caps interest rates. There is no statutory dollar cap, and total costs commonly exceed 400% APR. The Office of Consumer Credit Commissioner licenses and examines the brokers.

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