If you have been struggling to pay your bills and need money quickly, it can be tempting to take out a loan against your car to get the cash. There are many online companies that exist for this exact purpose.
One company, Marlin Financial, has been the focus of recent scrutiny regarding these types of loans. A recent Tampa Bay Times story exposed the laws that Marlin Financial has been accused of breaking, leaving customers with more debt than they originally anticipated. The story featured 20 Marlin Financial customers, as well as former employees, who were approved loans that the company was not legally authorized to make.
In fact, the company’s debt cancellation policy resulted in interest rates that were well over the state limits. The company also deliberately failed to give their customers a chance to take personal belongings that were inside repossessed cars after these belongings were reported.
Marlin Financial now finds itself part of a consumer protection investigation by the Florida Attorney General’s office. One such violation the company is accused of making is the law that requires lenders to tell the car owners where their cars are being held and give them the chance to come and get their personal belongings in the car.
The company is also accused of not listing the fees for their loans as annual percentage rates, which is required by federal law.
Another violation, and arguably the most significant one, centers on Marlin Financial’s business practices and the policies that their customers purchased through their company. Deep within the fine print, the company requires their customers to either elect to purchase their debt cancellation product or decline the purchase. Unless the customers truly understand what this mean, he or she is likely signing on the dotted line with no clue what this could mean for his or her legal rights later.
Customers reported that when trying to decline the option, they were not able to complete the online transaction. Only by clicking “accept” for the debt cancellation policy were they able to successfully complete their application. Legally, debt cancellation should only be optional and viewed as an add-on product, but customers reported that it was essentially required for them to purchase the product.
Purchasing the debt cancellation add-on option ended up costing the borrowers 125 percent of their loan owed, which basically doubles the amount owed. Normally an add-on like debt cancellation is also done through a separate company from the original lender, but Marlin Financial offers an in-house option, which basically means the customers are paying the same company twice for the money lent.
The Florida state agency that licenses lenders like Marlin Financial, the Florida Office of Financial Regulation has received 12 total complaints within the last four years against the company while the Florida Attorney General has received 19. The Better Business Bureau has received a total of 32 complaints in this same period. The Florida Attorney General has opened an investigation into Marlin Financial’s business practices, which is ongoing.
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