Arizona Revised Statutes

Ariz. Rev. Stat. § 6-613 (2026)

Restrictions; voidable loans

✓ current as of May 2026

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A. Except as the result of an accidental or bona fide error, if the licensee charges, contracts for or receives any amount in excess of the finance charges and other fees permitted by this chapter the following restrictions apply:

1. If the original principal amount of a consumer loan is five thousand dollars or less, that consumer loan is voidable and the licensee has no right to collect or receive any principal, finance charges or other fees in connection with that consumer loan.

2. If the original principal amount of a consumer loan is more than five thousand dollars, the licensee has no right to collect or receive any finance charges in connection with that consumer loan.

3. If the aggregate amount of advances borrowed on a consumer revolving loan or home equity revolving loan is five thousand dollars or less, that consumer revolving loan or home equity revolving loan is voidable and the licensee has no right to collect or receive any principal, finance charges or other fees in connection with that consumer revolving loan or home equity revolving loan.

4. If the aggregate amount of advances borrowed on a consumer revolving loan or home equity revolving loan is more than five thousand dollars, the licensee has no right to collect or receive any finance charges in connection with that consumer revolving loan or home equity revolving loan.

B. Any consumer lender loan that is made by a person who is required to be licensed pursuant to this chapter but who is not licensed is void, and the person making that consumer lender loan has no right to collect, receive or retain any principal, finance charges or other fees in connection with that consumer lender loan.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1988–2022 · leading case: Transamerica Fin. Corp. v. Superior Court, 746 P.2d 497 (Ariz. Ct. App. 1988).

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Transamerica Fin. Corp. v. Superior Court, 746 P.2d 497 (Ariz. Ct. App. 1988). · cites it 8× “Transamerica argues that A.R.S. § 6-613 10 specifically allows dual lending operations unless the superintendent of banks holds a hearing and determines that the dual lending operations are being used in an attempt to conceal an evasion of the Consumer Loan Act.”

Mao v. Global Trust Mgmt., LLC (E.D. Va. 2022). “¶¶ 13, 250); see Ariz. Rev. Stat. Ann.§ 6-613. The Amended Complaint refers to it as a general usury statute, but the provision does not provide a prohibited rate.”

— Ariz. Rev. Stat. § 6-613(B) — 1 case

Transamerica Fin. Corp. v. Superior Court, 746 P.2d 497 (Ariz. Ct. App. 1988). “Transamerica argues that A.R.S. § 6-613 10 specifically allows dual lending operations unless the superintendent of banks holds a hearing and determines that the dual lending operations are being used in an attempt to conceal an evasion of the Consumer Loan Act.”

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