) The state Office of Consumer Credit Commissioner has advised the payday g e personal loans industry that criminal charges may be pursued only in very limited situations where it can be proven g e personal loans a borrower knew a check would bounce. The Consumer Service Alliance of Texas, a trade association representing 80 percent of Texas payday and title loan companies, is even more strict about the practice.
Members will not threaten, or pursue, criminal action against a customer as a result of the customers default on a credit service agreement, according to the groups website. I think the idea of debtors prison is offensive to most people and thats why we have prohibited this in the law, said Ann Baddour of Texas Appleseed, an Austin-based organization that advocates for the poor.
Its clearly established in the law that unless theres criminal intent on the part of the borrower, theres not an option to pursue criminal charges. Still, payday lenders have found courts and prosecutors willing to take cases. The practice threatens to jail people for debt. Until debtors prisons were banned 180 years ago, Americans could be jailed for years for owing just a few pennies.
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