Is payday lending legal in Minnesota? Yes, but only in a small, capped form. As of September 2026, Minnesota Statutes section 47.60 lets a lender make a "consumer small loan" of up to $350. It must be repaid in one payment within 30 days, and its annual percentage rate cannot exceed 50 percent. That rate is the yearly cost of the loan, with every fee folded in.
The cap is what changed the market. The Center for Responsible Lending reports that Minnesota payday loans averaged about 220 percent APR before the cap took effect on January 1, 2024.
The limits written into the statute
| Rule | Consumer small loan (§47.60) | Consumer short-term loan (§47.601) |
|---|---|---|
| Maximum principal | $350 | $1,300 |
| APR cap, all fees included | 50% | 50% |
| Term | One payment, 30 days or less | Over 25% of principal due within 60 days |
| Rollovers | Cannot be repaid with another loan from the same lender | Not stated in these sources |
| After an unpaid due date | 2.75% per month maximum | Not stated in these sources |
The statute says "no other charges or payments are permitted" beyond the capped rate. Returned-check fees are the only exception. Loans priced above 36 percent APR must meet extra requirements. A borrower's combined outstanding small loans cannot exceed $350 in principal.
Non-bank lenders register with the Minnesota Department of Commerce. Each location needs $50,000 in liquid assets and a $250 filing fee.
Some pages still list an older sliding fee scale, starting with a flat $5.50 fee on loans of $50 or less. That includes the Attorney General's consumer page and a Finder guide dated May 19, 2026. The current statute text caps everything at the 50 percent APR, and the statute is the law.
These sources show no mandatory cooling-off period between loans. They also show no statewide loan database and no required extended payment plan.
Online lenders, tribal claims and the 2026 arranger law
The Attorney General's office says every payday lender serving Minnesotans must be licensed by the state, including online lenders. It warns that some online lenders try to avoid the cap by operating unlicensed or by claiming tribal sovereignty.
Since August 1, 2026, a company that only arranges these loans falls under the law too, according to Mayer Brown's summary of House Bill 4188. That covers anyone who markets, generates leads for, underwrites or collects a loan. A loan that breaks the rules can be voided, and the borrower can recover up to $1,000 in statutory damages per violation.
Minnesota joined roughly 20 states plus D.C. with caps near 36 percent. Earlier, South Dakota got there by ballot in 2016.
Is a wage-advance app a payday loan?
The question is contested. A CFPB advisory opinion says earned wage access is not a loan. On June 10, 2026, Attorney General Keith Ellison sued Brigit, alleging its advances regularly carry effective APRs above 300 percent. Brigit disputes this. HF3448 would put these apps under the payday statutes explicitly, but it remained in committee at last tracking. The lawsuit or the legislature will settle it.
Cheaper options first
The Attorney General's office suggests two steps first: negotiate a payment plan with the creditor you owe, and compare rates at banks and credit unions. The sources here do not name specific Minnesota credit union alternatives or state assistance programs, so ask your own credit union directly.
If you are closing on a house soon
An underwriter reads your bank statements line by line. Recurring lender deposits and matching withdrawals tend to prompt a request for a letter of explanation. An open balance with a payment can also count toward your debt-to-income ratio. How each lender treats it varies, so ask your loan officer before you borrow.
The cleaner path is to pay the loan off before you apply. At $350, it usually can be.
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