Section 355. Solicitation of loans  


Latest version.
  • 1.  Any  loan  made  by a person not
      licensed under this article to a resident of this state, in the  amount,
      not  exceeding  the  maximum amounts prescribed in section three hundred
      forty of this article, where solicitation of the loan  was  made  within
      this  state,  and  where  the interest, discount, consideration or other
      charge contracted for or received exceeds that permitted to  a  licensee
      under the laws of this state shall be void, and the lender shall have no
      right   to   collect  or  receive  any  principal,  interest  or  charge
      whatsoever. No action to enforce  a  loan  made  in  violation  of  this
      subdivision  may  be  maintained,  even though the amount demanded to be
      paid in such action does not exceed that permitted to a  licensee  under
      the laws of this state.
        2.  For purposes of this article, solicitation of a loan shall include
      any solicitation, request or inducement to enter into  a  loan  made  by
      means  of  or through a direct mailing, television or radio announcement
      or advertisement, advertisement in a  newspaper,  magazine,  leaflet  or
      pamphlet  distributed  within  this state, or visual display within this
      state,  whether  or  not  such  solicitation,  request   or   inducement
      constitutes an offer to enter into a contract.