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A private lender in California charges exactly 10% interest on an unsecured personal loan. The current SF Federal Reserve discount rate is 7%. Is this loan usurious?

Correct Answer

A) No, because the usury ceiling is the greater of 10% or 5% + 7% = 12%, and 10% is below 12%

The usury ceiling is the GREATER of 10% or 5% + the Fed discount rate (7%) = 12%. Since 12% is greater than 10%, the ceiling is 12%. The lender's 10% rate is well below this ceiling, so the loan is not usurious.

Answer Options
A
No, because the usury ceiling is the greater of 10% or 5% + 7% = 12%, and 10% is below 12%
B
Yes, because 10% exceeds the constitutional limit
C
No, because 10% does not exceed the usury ceiling of 12%
D
Yes, because the usury limit for unsecured loans is 7%

Why This Is the Correct Answer

The usury ceiling is the GREATER of 10% or 5% + the Fed discount rate (7%) = 12%. Since 12% is greater than 10%, the ceiling is 12%. The lender's 10% rate is well below this ceiling, so the loan is not usurious.

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