Payday Loans · State legality · Updated July 2026

Are payday loans legal in North Dakota?

Restricted

Restricted. In North Dakota, payday loans are legal but tightly limited. The state caps loan size, fees or rollovers, so a legal payday loan looks different — and costs less — than the ~400% APR norm, and any lender exceeding those limits is out of compliance.

36% money-broker cap (NDCC ch. 13-04.1); payday fee-limited to 20% with a $500 max. Home to Turtle Mountain (Spotloan) and MHA Nation (MaxLend).

What a payday loan costs — before North Dakota’s rules

A payday loan typically costs $15–$20 per $100 borrowed for a two-week term — roughly 400% APR — and is due as a single lump sum on your next payday. That single-payment structure, not the fee on any one loan, is the trap: most fees come from borrowers who cannot clear the balance in one go and roll it over. Where a state caps rates below payday levels, licensed payday lending disappears and a loan above the cap is generally void — not legally collectible, whatever the contract says.

The law in North Dakota

Rate cap
36% per year cap on money-broker fees; payday (deferred presentment) fees limited to 20% of the amount advanced, with a $500 loan max.
Key law
North Dakota Money Brokers Act, NDCC ch. 13-04.1 (2025 amendments extended licensing to "alternative financing").
Enforcement
The ND Department of Financial Institutions licenses deferred-presentment providers and money brokers. No major tribal-lender AG case verified.
The number that matters

North Dakota caps money-broker fees at 36%/yr and in 2025 broadened licensing to cover "alternative financing" products.

What it means for a North Dakota borrower

Licensed lending is capped and regulated, so unlicensed or tribal online loans above these limits are challengeable. North Dakota is also the home base of Turtle Mountain (Spotloan) and MHA Nation (MaxLend) lending.

If you already have a payday loan in North Dakota

A loan that violates North Dakota’s rate limits may be partly or fully unenforceable — which changes your options with the lender and any collector. This is general information, not legal advice.

  • Contact the ND Department of Financial Institutions to verify licensing and file a complaint.
  • Loans from unlicensed lenders are more readily contested.
How to get out of a high-cost loan

Cheaper first — try these before a payday loan in North Dakota

Payday Loans and tribal lenders in North Dakota

Many online lenders that market payday loans to North Dakota residents are tribal lenders arguing their sovereignty places them outside state rate caps — a separate legal question this site tracks in depth. For which tribal brands lend to North Dakota residents and how state law applies to them, see the North Dakota tribal-lending page.

Tribal loans in North Dakota →

Frequently asked questions

Are payday loans legal in North Dakota?

In North Dakota, payday loans are legal but tightly limited. The state caps loan size, fees or rollovers, so a legal payday loan looks different — and costs less — than the ~400% APR norm, and any lender exceeding those limits is out of compliance.

What is the maximum payday loan rate in North Dakota?

36% per year cap on money-broker fees; payday (deferred presentment) fees limited to 20% of the amount advanced, with a $500 loan max.

What can I do about a payday loan I already have in North Dakota?

Because North Dakota restricts high-cost payday loans, a loan that exceeds the state limit may be partly or fully uncollectible. Contact the ND Department of Financial Institutions to verify licensing and file a complaint. This is general information, not legal advice.

Payday Loans in another state