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Military Lending Act regulation

32 CFR 232.8: Loan Terms the MLA Bans (Arbitration, Allotments)

Official heading: § 232.8 Limitations.

In one line

Lists the terms no creditor may put in consumer credit to a covered borrower: payday rollovers, waivers of legal rights, mandatory arbitration, unreasonable notice, account access as security, vehicle titles (non-banks), required allotments and prepayment penalties.

  • Mandatory arbitration and waivers of SCRA or other legal rights are banned for every creditor
  • The rollover and vehicle-title bans apply to non-bank lenders; banks, savings associations and credit unions are excluded from those two
  • Required allotments are banned, except for military welfare and service relief societies

Text checked October 10, 2026

What 32 CFR 232.8 does to your money

Section 232.8 is the list to read your loan agreement against. No creditor may require you to waive your right to legal recourse under state or federal law, the SCRA included; require arbitration or impose onerous notice provisions for disputes; demand unreasonable notice before you can sue; require an allotment from your pay to repay the credit; or bar or penalize prepayment.

Two bans are narrower than the statute reads. The ban on rolling over, renewing or refinancing a loan with the same creditor’s new credit applies to payday-type lenders, not to banks, savings associations or credit unions. The ban on taking a vehicle title as security also excludes banks and credit unions. Account access is limited rather than banned: a lender at or under the 36% MAPR may require an electronic payment, require direct deposit of salary as a condition of eligibility, or take a security interest in funds deposited after the loan in an account opened with it.

Military welfare and service relief societies are carved out of the allotment ban, which is why relief-society loans can still be repaid by allotment. If a commercial lender required an allotment, or your agreement has an arbitration clause, § 232.9 makes the contract void from the start.

Guides on this site that apply 32 CFR 232.8

The full text of 32 CFR 232.8

From the eCFR, current through October 7, 2026; this section was last amended December 5, 2016 (official source, retrieved October 10, 2026). House style: em dashes in the official text are shown as colons or periods; no word is changed.

Title 10 U.S.C. 987 makes it unlawful for any creditor to extend consumer credit to a covered borrower with respect to which:

(a) The creditor rolls over, renews, repays, refinances, or consolidates any consumer credit extended to the covered borrower by the same creditor with the proceeds of other consumer credit extended by that creditor to the same covered borrower. This paragraph shall not apply to a transaction when the same creditor extends consumer credit to a covered borrower to refinance or renew an extension of credit that was not covered by this paragraph because the consumer was not a covered borrower at the time of the original transaction. For the purposes of this paragraph, the term “creditor” means a person engaged in the business of extending consumer credit subject to applicable law to engage in deferred presentment transactions or similar payday loan transactions (as described in the relevant law), provided however, that the term does not include a person that is chartered or licensed under Federal or State law as a bank, savings association, or credit union.

(b) The covered borrower is required to waive the covered borrower's right to legal recourse under any otherwise applicable provision of State or Federal law, including any provision of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).

(c) The creditor requires the covered borrower to submit to arbitration or imposes other onerous legal notice provisions in the case of a dispute.

(d) The creditor demands unreasonable notice from the covered borrower as a condition for legal action.

(e) The creditor uses a check or other method of access to a deposit, savings, or other financial account maintained by the covered borrower, except that, in connection with a consumer credit transaction with an MAPR consistent with § 232.4(b), the creditor may:

(1) Require an electronic fund transfer to repay a consumer credit transaction, unless otherwise prohibited by law;

(2) Require direct deposit of the consumer's salary as a condition of eligibility for consumer credit, unless otherwise prohibited by law; or

(3) If not otherwise prohibited by applicable law, take a security interest in funds deposited after the extension of credit in an account established in connection with the consumer credit transaction.

(f) The creditor uses the title of a vehicle as security for the obligation involving the consumer credit, provided however, that for the purposes of this paragraph, the term “creditor” does not include a person that is chartered or licensed under Federal or State law as a bank, savings association, or credit union.

(g) The creditor requires as a condition for the extension of consumer credit that the covered borrower establish an allotment to repay the obligation. For the purposes of this paragraph only, the term “creditor” shall not include a “military welfare society,” as defined in 10 U.S.C. 1033(b)(2), or a “service relief society,” as defined in 37 U.S.C. 1007(h)(4).

(h) The covered borrower is prohibited from prepaying the consumer credit or is charged a penalty fee for prepaying all or part of the consumer credit.

Every MLA guide on this site is on the Military Lending Act hub; the SCRA, which covers debt from before active duty, is on its own section-by-section index.

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