O.C.G.A.

O.C.G.A. § 7-3-1 (2019)

Short title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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This chapter shall be known and may be cited as the “Georgia Installment Loan Act.”

History

Ga. L. 1955, p. 431, § 1; Ga. L. 1997, p. 143, § 7; Ga. L. 2020, p. 156, § 2/SB 462.

Annotations

OPINIONS OF THE ATTORNEY GENERAL “Payday loans” are subject to the Industrial Loan Act (now Georgia Installment Loan Act), O.C.G.A. § 7-3-1 et seq., notwithstanding the lender’s

use of token consideration such as catalog coupons or purchase-leaseback arrangements. 2002 Op. Att’y Gen. No. 2002-3.

RESEARCH REFERENCES ALR. State regulation of payday loans, 29 A.L.R.6th 461. What constitutes Truth in Lending Act violation which “was not intentional and resulted from bona fide error not with-

standing maintenance of procedures reasonably adapted to avoid any such error” within meaning of § 130(c) of Act (15 USCA § 1640(c)), 153 A.L.R. Fed. 193. Validity, construction, and application of Truth in Lending Act (TILA) and regu-

lations promulgated thereunder - United States Supreme Court cases, 67 A.L.R. Fed. 2d 567.

Notes of Decisions
Cited in 26 cases, 1983–2019 · leading case: Clay v. Oxendine, 645 S.E.2d 553 (Ga. Ct. App. 2007).
Clay v. Oxendine, 645 S.E.2d 553 (Ga. Ct. App. 2007). · cites it 6× “, and the Georgia Industrial Loan Act, OCGA§ 7-3-1 et seq. (“GILA”). The state thereafter moved for partial summary judgment as to appellants’ liability and moved to strike appellants’ jury demand.”
W. Sky Fin., LLC v. State, 793 S.E.2d 357 (Ga. 2016). · cites it 4× “219, § 13), a precursor of the Industrial Loan Act, OCGA§ 7-3-1 et seq., which like the Payday Lending Act provides an enforcement regime for loans of $3,000 or less, and finding that act to be in derogation of common law).”
USA Payday Cash Advance Centers v. Oxendine, 585 S.E.2d 924 (Ga. Ct. App. 2003). · cites it 4× “The Commissioner moved for summary judgment on the grounds that no “actual or justiciable controversy” existed with regard to plaintiffs’ new arrangement with County Bank and that there had been no ruling sought on plaintiffs’ new arrangement by the Commissioner pursuant to his…”
Ruth v. Cherokee Funding, LLC, 820 S.E.2d 704 (Ga. 2018). · cites it 2× “, 1 applies to certain transactions in which a financing company provides funds to a plaintiff in a pending personal-injury lawsuit, the plaintiff is obligated to repay the funds with interest only if his lawsuit is successful, and his obligation to repay is limited to the…”
Love v. Money Tree, Inc., 614 S.E.2d 47 (Ga. 2005). · cites it 2× “4 OCGA §§ 7-3-1 to 7-3-29. 5 Love, 267 Ga. App.”
Georgia Cash Am., Inc. v. Strong, 649 S.E.2d 548 (Ga. Ct. App. 2007). · cites it 2× “4 Specifically, the complaint alleged that GCA violated OCGA § 7-3-1 et seq. (Georgia Industrial Loan Act); OCGA §§ 7-4-2 (a) (2) and 7-4-18 (a) (usury statutes); OCGA § 16-17-1 et seq.”
Lizzie Davis v. Oasis Legal Fin. Operating Co., LLC, 936 F.3d 1174 (11th Cir. 2019). “, Industrial Loan Act, O.C.G.A. § 7-3-1 et seq., and usury laws, O.”
Georgia Cash Am., Inc. v. Greene, 734 S.E.2d 67 (Ga. Ct. App. 2012). · cites it 2× “Payday loans $3,000 or less come within the scope of the Georgia Industrial Loan Act (“GILA”), OCGA § 7-3-1 et seq. USA Payday Cash Advance Centers v.”
Watson v. State, 509 S.E.2d 87 (Ga. Ct. App. 1998). · cites it 2× “In a light most favorable to the jury’s verdict, 2 the pertinent evidence shows that the Watsons operated Jak’s Pawn Shop, not as a pawnbrokerage, but as a small loan company in violation of the Georgia Industrial Loan Act, OCGA § 7-3-1 et seq., which closely regulates and…”
Cmty. State Bank v. Strong, 485 F.3d 597 (11th Cir. 2007). “Specifically, Strong alleged violations of the Georgia Industrial Loan Act, O.C.G.A. § 7-3-1, et seq.; the Georgia Usury Statute, O.”
Ronald Ruth v. Cherokee Funding LLC, 802 S.E.2d 865 (Ga. Ct. App. 2017). · cites it 2× “Savage, R. Bartley Turner, Kathryn H. Pinckney, for Ruth et al.”
Cmty. State Bank v. Strong, 651 F.3d 1241 (11th Cir. 2011). “§ 7 — 4—18 3 ; the Georgia Industrial Loan Act, Ga.Code Ann. § 7-3-1 et seq., by failing to be licensed under the statute, id.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.