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Under California law, which of the following statements about the relationship between usury and the California Financing Law (CFL) is CORRECT?

Correct Answer

D) CFL licensees are exempt from constitutional usury limits but must comply with rate limitations set by the CFL and DFPI regulations

CFL licensees are exempt from the constitutional usury ceiling under Article XV, but they are not free to charge unlimited rates. They must comply with rate limitations and other requirements established under the CFL and enforced by the DFPI.

Answer Options
A
CFL licensees are subject to both the constitutional usury limit and CFL rate caps simultaneously
B
The CFL usury exemption only applies to loans under $50,000
C
CFL licensees have no rate limitations of any kind
D
CFL licensees are exempt from constitutional usury limits but must comply with rate limitations set by the CFL and DFPI regulations

Why This Is the Correct Answer

CFL licensees are exempt from the constitutional usury ceiling under Article XV, but they are not free to charge unlimited rates. They must comply with rate limitations and other requirements established under the CFL and enforced by the DFPI.

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