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BankWest uses a separate third-party “loan processing agent” (referred to as “Tele-Track” in the record) to electronically approve applications

The agreement between plaintiffs Advance America (an in-state payday store) and BankWest (an out-of-state bank) is in the record, and again we have been led to believe that it is typical. Under the agreement, Advance America pays for all costs related to its storefront locations and employees. 4 Advance America procures the borrower and submits a loan application to BankWest. BankWest then approves (or denies) the application and advances all funds. 5

If the loan loss is 8

In addition, if a borrower does not pay back the loan, the agreement transfers part of the loan loss to Advance America. 6 Every three months, the total amount of BankWest loans that Advance America cannot collect (known as loan loss) is calculated. 5% or less of the total amount of the finance charges (which are 17% of the loan) over that period, then BankWest absorbs the loss. 7 That means BankWest absorbs the first 1.45% (8.5% of 17%) of the total loan amounts. However, if the loan loss exceeds 8.5% of the finance charges, BankWest reduces the amount owed to Advance America for its services by that excess up to 13.8% of the total loans made.

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