The maximum interest rate for military members is set by two different federal laws. New consumer credit taken out while you’re serving is capped at a 36% Military Annual Percentage Rate under the Military Lending Act. Debts you already had before you went on active duty are capped at 6% under the Servicemembers Civil Relief Act. The caps cover different loans and work in different ways, so which one protects you depends on when you took the loan out.
The 36% Cap on New Credit
The Military Lending Act (MLA) prohibits lenders from charging more than a 36% annual rate on consumer credit extended to covered service members and their dependents.1Office of the Law Revision Counsel. 10 USC 987 – Terms of Consumer Credit Extended to Members and Dependents: Limitations That rate is called the Military Annual Percentage Rate, or MAPR, and it’s deliberately broader than the standard APR you’d see on a Truth in Lending disclosure.2National Credit Union Administration. Military Lending Act (MLA)
What Gets Counted Toward the 36%
A rate cap would mean little if lenders could rename interest as “fees” and dodge it. The MAPR calculation closes that gap by folding in costs that normal APR disclosures leave out:3eCFR. 32 CFR 232.4 – Limitations on Terms of Consumer Credit Extended to Service Members and Dependents
- The finance charge itself, including interest and charges associated with the credit
- Credit insurance premiums, including policies that would pay off the loan on death, disability, or job loss
- Fees for debt cancellation or suspension agreements
- Fees for credit-related ancillary products sold with the loan
- Application fees and participation fees
Even a charge that would normally be excluded from the finance charge under the Truth in Lending Act still counts toward the MAPR.3eCFR. 32 CFR 232.4 – Limitations on Terms of Consumer Credit Extended to Service Members and Dependents A payday lender quoting a “flat fee” instead of an interest rate can’t duck the cap, because that fee gets rolled into the MAPR.
Which Loans the 36% Cap Covers
The MLA covers most consumer credit extended to covered borrowers, including:4Consumer Financial Protection Bureau. What Is Covered Under the Military Lending Act?
- Payday loans, deposit advance products, and vehicle title loans
- Credit cards
- Installment loans
- Overdraft lines of credit (but not basic overdraft services on a checking account)
Loans the Cap Does Not Reach
Some credit is exempt. The exemptions generally cover loans used to buy a major asset that also secures the loan:5Consumer Financial Protection Bureau. Military Lending Act Applicability Flow Chart
- Residential mortgages, including purchase loans, refinances, construction loans, home equity loans and lines, and reverse mortgages
- Vehicle purchase loans, when the loan is used to buy the vehicle and the vehicle secures it
- Personal property purchase loans, like an appliance loan secured by the appliance
The loan has to be designed to finance the purchase and be secured by the thing being purchased. An unsecured personal loan you happen to use to buy a car still falls under the 36% cap. A vehicle title loan on a car you already own is not a purchase loan, so it stays covered.
Who Counts as a Covered Borrower
MLA protections apply to covered members and their dependents. Covered members are:1Office of the Law Revision Counsel. 10 USC 987 – Terms of Consumer Credit Extended to Members and Dependents: Limitations
- Active duty members of the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard, on orders that are not for 30 days or less
- Members on active Guard and Reserve duty
Spouses and certain children of covered members are also protected.6Consumer Financial Protection Bureau. Military Lending Act (MLA) Lenders verify status through the Defense Manpower Data Center, which pulls from your DEERS enrollment.7Defense Manpower Data Center. MLA If the database doesn’t show your correct status, fix your DEERS record through your personnel office before you apply for credit.
The 6% Cap on Pre-Service Debts
The Servicemembers Civil Relief Act (SCRA) caps interest at 6% per year on debts you took out before entering active duty.8Office of the Law Revision Counsel. 50 USC 3937 – Maximum Rate of Interest on Debts Incurred Before Military Service This cap reaches backward to lower the rate on what you were already paying when you shipped out.
It applies to the full range of pre-service obligations: car loans, credit cards, mortgages, home equity loans, and student loans.9U.S. Department of Justice. 6% Interest Rate Cap for Servicemembers on Pre-service Debts Joint loans with a spouse qualify. “Interest” is defined broadly for this purpose and includes service charges, renewal charges, and fees, not just the stated rate.8Office of the Law Revision Counsel. 50 USC 3937 – Maximum Rate of Interest on Debts Incurred Before Military Service
How Long the Reduction Lasts
Duration depends on the type of debt:8Office of the Law Revision Counsel. 50 USC 3937 – Maximum Rate of Interest on Debts Incurred Before Military Service
- Mortgages: the cap applies during active duty and for one year after service ends
- All other debts: the cap applies only during active duty
The interest above 6% is forgiven, not deferred. Your payment drops by the amount of forgiven interest, and the lender cannot accelerate principal to make up for it.9U.S. Department of Justice. 6% Interest Rate Cap for Servicemembers on Pre-service Debts
How to Request the 6% Rate
The SCRA reduction does not happen automatically for most debts. You have to ask for it:8Office of the Law Revision Counsel. 50 USC 3937 – Maximum Rate of Interest on Debts Incurred Before Military Service
- Send written notice to each creditor requesting the rate reduction
- Include a copy of your military orders calling you to active duty, or a letter from your commanding officer
- Submit within 180 days of your release or termination from active duty
Once the creditor has your notice and orders, the reduction applies retroactively to the date you were called to active duty, and any excess interest you’ve already paid is refunded.9U.S. Department of Justice. 6% Interest Rate Cap for Servicemembers on Pre-service Debts The sooner you send the letter, the sooner your payments drop.
Creditors can also verify your status directly through the Defense Manpower Data Center instead of waiting for you to write.8Office of the Law Revision Counsel. 50 USC 3937 – Maximum Rate of Interest on Debts Incurred Before Military Service Federal student loan servicers are required to check DMDC and apply the reduction without any request from you.10Consumer Financial Protection Bureau. Servicemembers Civil Relief Act (SCRA) For every other kind of debt, assume you need to write.
Which Cap Applies to Which Debt
The two laws complement each other without overlapping. The quick sort:
- Credit you take out while on active duty is capped at 36% MAPR under the MLA, automatically, at the point the lender extends credit
- Debts you brought with you into active duty are capped at 6% under the SCRA, but only after you notify each creditor and send your orders
A service member with a credit card opened before enlisting and a new installment loan taken out at a duty station has the SCRA protecting the old card and the MLA protecting the new loan. Missing the distinction leaves money on the table, because the SCRA rate cut will not happen on that old card unless you ask for it.
What Happens If a Lender Charges More
On the MLA side, any loan contract that exceeds the 36% MAPR or includes a prohibited term is void from inception, meaning it is treated as if it never existed.1Office of the Law Revision Counsel. 10 USC 987 – Terms of Consumer Credit Extended to Members and Dependents: Limitations A service member can also sue the lender and recover:
- Actual damages, with a minimum of $500 per violation
- Punitive damages the court deems appropriate
- Equitable or declaratory relief
- Attorney fees and court costs in a successful action
The civil statute of limitations runs two years from when you discover the violation.1Office of the Law Revision Counsel. 10 USC 987 – Terms of Consumer Credit Extended to Members and Dependents: Limitations A lender who knowingly violates the MLA also faces a misdemeanor penalty of a fine, up to one year in prison, or both. If you believe a current loan exceeds either the 36% MAPR or, on a pre-service debt that you’ve properly noticed, the 6% SCRA cap, start by writing the lender in writing with your orders attached, then preserve every statement and notice as evidence.