Consumer complaint received 2018-10-11
Company: ENOVA INTERNATIONAL, INC.
State: FL
Product: Payday loan, title loan, or personal loan
Sub-product: Personal line of credit
Issue: Charged fees or interest you didn't expect

Complaint:
I had an open-end line of credit with CashNetUSA ( Loan # XXXX ) which was originated in XXXX but is illegal in my home state of XXXX and violates XXXX  's usury laws. CashNetUSA also does not have a license to offer these types of loan products in XXXX. My open-end line of credit had an APR of APR of 299 % for cash advances and charged 15 % on all cash advances. When I " renewed '' the loan in XX/XX/XXXX, I was not aware that CashNetUSA still had my old XXXX address on file. I moved from XXXX to XXXX in XXXX of XXXX. As such, my loan agreement with them should be null and void, and the current loan balance of $ 2500+ should be cancelled. Moreover, from XX/XX/XXXX through XX/XX/XXXX, I made semi-monthly payments to CashNetUSA with each payment being {$300.00} and {$350.00}, totaling {$2500.00}. I should receive an immediate refund from CashNetUSA of all usurious interest paid on this loan, since the company should NOT have renewed my line of credit in the first place knowing that I live in XXXX and knowing that they don't have a license to offer these types of loans in XXXX. I used my XXXX address when I applied online in XX/XX/XXXX to " renew '' my line of credit with CashNetUSA, AND I also verbally informed them of my relocation both during the re-application process and when I paid off the line of credit the first time in XX/XX/XXXX. 
-- - My attorney is prepared to file suit against CashNetUSA for multiple violations of Chapter 687 of the XXXX Statutes which govern interest and usury in lending practices. As stated above, I informed CashNetUSA that I moved to XXXX and no longer lived in XXXX after paying off my original line of credit with them on or about XX/XX/XXXX. Moreover, when I applied online for the second line of credit back in XX/XX/XXXX, I did so using my XXXX   address. Unfortunately, for unknown reasons, CashNetUSA used my previous XXXX address to grant credit approval. As such, CashNetUSA granted credit to me based on false pretenses, as I have not lived in the State of XXXX   since XX/XX/XXXX. My home residence is in XXXX, and has been officially since XX/XX/XXXX. This can be documented by a signed lease agreement and utility bills in my name. 
-- - I must reiterate that CashNetUSA does NOT have a license to legally provide XXXX consumers with open-end lines of credit, and as such, this loan is illegal and is null and void. XXXX Statues very clearly define usurious lending contracts, and they do not grant exceptions for open-end lines of credit. Chapter 687.02 states that " all contracts for the payment of interest upon any loan, advance of money, line of credit, or forbearance to enforce the collection of any debt, or upon any obligation whatever, at a higher rate of interest than the equivalent of 18 percent per annum simple interest are hereby declared usurious. '' This law applies to any loans or lines of credit where the amount does not exceed {$500000.00}. XXXX Statutes are also very clear about criminal usury and loan sharking. Section 687.071 ( 3 ) stipulates that " any person making an extension of credit to any person, who shall willfully and knowingly charge, take, or receive interest thereon at a rate exceeding 45 percent per annum or the equivalent rate for a longer or shorter period of time, whether directly or indirectly or conspire so to do, commits a felony of the third degree. '' My current line of credit with CashNetUSA represents an egregious violation of Section 687.071 ( 3 ) of the XXXX Statutes. Section 687.071 ( 1 ) ( d ) of the XXXX Statues defines " extension of credit as " to make or renew a loan of money or any agreement for forbearance to enforce the collection of such loan. '' CashNetUSA chose to renew an open-end line of credit that they originally extended to me when I lived in the State of XXXX, and such a loan is usurious under XXXX Law. Section 687.071 ( 7 ) of the XXXX  Statues goes on to state that " no extension of credit made in violation of any of the provisions of this section shall be an enforceable debt in the courts of this state. '' -- -- - In order for CashNetUSA to comply with XXXX law and avoid litigation, the company must immediately cancel my loan AND refund all payments to me that I have made on this illegal loan to-date in XXXX, totaling {$2500.00}.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation