Are payday loans legal?

It depends on the state. As of November 2026, 29 states allow payday loans, 10 states cap small loans at 36% to 50% APR, and 11 states plus the District of Columbia do not allow payday lending.

Updated by the Northlight editorial team, with 4 cited sources

Key points

  • There is no federal ban or federal rate cap for civilians.
  • 29 states permit payday loans under state licensing laws.
  • 10 states cap rates low enough that payday lenders do not operate.
  • 11 states and D.C. prohibit payday lending.
On this page
  1. Who decides
  2. Where payday loans are legal
  3. Where rates are capped
  4. Where payday loans are not allowed
  5. What about online loans?
  6. Federal rules that apply in every state
  7. Check your state
  8. Common questions

Who decides

Payday lending is regulated mainly by the states. Federal law adds disclosure rules, limits on collection practices and a 36% cap on loans to active-duty service members and their dependents, but it sets no general price limit.

Alabama, Alaska, California, Delaware, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Nevada, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin and Wyoming.

Rules inside this group differ widely. Ohio, Oklahoma, Oregon and Virginia require longer terms and limit prices, so their loans work more like installment loans. Texas, Utah, Nevada, Idaho, Delaware and Wisconsin set no fee cap. Rhode Island’s 36% cap is scheduled to take effect on January 1, 2027.

Where rates are capped

Arizona, Colorado, Hawaii, Illinois, Montana, Nebraska, New Hampshire, New Mexico and South Dakota cap small loans at 36% APR, and Minnesota caps them at 50%. A two-week loan priced at those rates earns a lender about $1.38 per $100, so payday storefronts have closed in these states.

Where payday loans are not allowed

Arkansas, Connecticut, Georgia, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Vermont, West Virginia and the District of Columbia. Their usury or small-loan laws set rates far below what payday lenders charge, and several make unlicensed lending a crime.

What about online loans?

A lender must follow the law of the state where the borrower lives. Residents of states that ban payday loans still receive online offers, often from lenders based offshore or owned by tribes. Regulators in those states consider such loans illegal, and the loans may be unenforceable. See tribal loans and payday loan scams.

Federal rules that apply in every state

  • Truth in Lending Act. The lender must disclose the finance charge and the APR in writing before you sign.
  • Military Lending Act. Loans to active-duty service members and their dependents are capped at a 36% military APR.
  • Electronic Fund Transfer Act. A lender cannot make recurring automatic debits a condition of the loan, and you can stop a preauthorized payment through your bank.
  • Fair Debt Collection Practices Act. Third-party debt collectors may not harass you, threaten arrest or misstate what you owe.

These rules set a floor. Your state’s law decides whether the loan can be made at all, and at what price.

Check your state

Each state has its own page with the statute, limits, fees and regulator, and the comparison table puts all 51 jurisdictions side by side.

Common questions

Are payday loans illegal anywhere?

Yes. Eleven states and the District of Columbia do not allow them, and ten more cap rates so low that payday lenders do not operate.

Is there a federal law against payday loans?

No. Federal law requires cost disclosures and caps loans to service members at 36%, but leaves pricing for everyone else to the states.

Can I get a payday loan online if my state bans them?

Lenders may offer one, but they are not following your state’s law. Such loans can be void, and regulators advise against them.

Does Northlight lend money?

No. Northlight is an information site. We explain costs and state rules; we do not make loans or credit decisions.

See the payment before you apply

Pick an amount and a term. The calculator shows the monthly payment, the total and the cost of credit at the highest APR we allow.

Sources

  1. NCSL: Payday Lending State Statutes
  2. CFPB: Payday loans
  3. CFPB: How can I tell if a payday lender is licensed in my state?
  4. FTC: What To Know About Payday and Car Title Loans