Jump up ^ “Testimony of Dr. Kimberly R. Manturuk, Center for Community Capital, University of North Carolina at Chapel Hill, Before the Subcommittee on Financial Institutions and Credit for Consumers, United States House of Representatives, Hearing on ‘An Examination of the Availability of Credit for Consumers,'” Page 5, September 22, 2011
WERTH: The best example concerns an economist named Marc Fusaro at Arkansas Tech University. So, in 2011, he released a paper called “Do Payday Loans Trap Consumers in a Cycle of Debt?” And his answer was, basically, no, they don’t.
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WERTH: So far, so good. But I think we should mention two things here: one, Fusaro had a co-author on the paper. Her name is Patricia Cirillo; she’s the president of a company called Cypress Research, which, by the way, is the same survey firm that produced data for the paper you mentioned earlier, about how payday borrowers are pretty good at predicting when they’ll be able to pay back their loans. And the other point, two, there was a long chain of e-mails between Marc Fusaro, the academic researcher here, and CCRF. And what they show is they certainly look like editorial interference.
So far, Facebook is standing by its VP, who said this about his intentions on Twitter: “I don’t agree with the post today and I didn’t agree with it even when I wrote it. The purpose of this post, like many others I have written internally, was to bring to the surface issues I felt deserved more discussion with the broader company.”
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RONALD MANN: I have a general idea that people that are really tight for money know a lot more where their next dollar is coming from and going than the people that are not particularly tight for money. So, I generally think that the kinds of people that borrow from payday lenders have a much better idea of how their finances are going to go for the next two or three months because it’s really a crucial item for them that they worry about every day. So that’s what I set out to test.
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The rule was fairly limited, compared with stricter regulations many states have adopted. The CFPB only required lenders to conduct “reasonable” checks on consumers’ financial capacity and avoid the worst forms of financial abuse. Currently, about 38 states allow for some form of payday lending, but some, like New York, New Jersey, North Carolina, and Arizona, have banned or limited the practice.
A payday loan (also called a payday advance, salary loan, payroll loan, small dollar loan, short term, or cash advance loan) is a small, short-term unsecured loan, “regardless of whether repayment of loans is linked to a borrower’s payday.” The loans are also sometimes referred to as “cash advances,” though that term can also refer to cash provided against a prearranged line of credit such as a credit card. Payday advance loans rely on the consumer having previous payroll and employment records. Legislation regarding payday loans varies widely between different countries, and in federal systems, between different states or provinces.
Critics — including President Obama — say short-term, high-interest loans are predatory, trapping borrowers in a cycle of debt. But some economists see them as a useful financial instrument for people who need them. As the Consumer Financial Protection Bureau promotes new regulation, we ask: who’s right?
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High cost payday lending is authorized by state laws or regulations in thirty-two states. Fifteen states and the District of Columbia protect their borrowers from high-cost payday lending with reasonable small loan rate caps or other prohibitions. Three states set lower rate caps or longer terms for somewhat less expensive loans. Online payday lenders are generally subject to the state licensing laws and rate caps of the state where the borrower receives the loan. For more information, click on Legal Status of Payday Loans by State.
So in the state that didn’t pass it, payday lending went on as before. And this let Zinman compare data from the two states to see what happens, if anything, when payday-loan shops go away. He looked at data on bank overdrafts, and late bill payments and employment; he looked at survey data on whether people considered themselves better or worse off without access to payday loans.
In a profitability analysis by Fordham Journal of Corporate & Financial Law, it was determined that the average profit margin from seven publicly traded payday lending companies (including pawn shops) in the U.S. was 7.63%, and for pure payday lenders it was 3.57%. These averages are less than those of other traditional lending institutions such as credit unions and banks.
Erin Shank and her employees are very professional. They explained the process to me thoroughly. One of the things that I appreciated most is that they were not judgemental. I would recommend her to anyone who is considering bankruptcy, especially Veterans. She is an expert in provisions that… Read More
“The control of man’s diet is readily accomplished, but mastery over his intestinal bacterial flora is not,” wrote a doctor named Bond Stow in the Medical Record Journal of Medicine and Surgery in 1914. “The innumerable examples of autointoxication that one sees in his daily walks in life is proof thereof … malaise, total lack of ambition so that every effort in life is a burden, mental depression often bordering upon melancholia.”
DUBNER: Now, Bob, the blog post is sort of a pop version of a meta-study, which rolls up other research on different pieces of the issue. Persuade me that the studies that you cite in the post aren’t merely the biased rantings of some ultra-right-wing pro-market-at-all-costs lunatics. And I realize that at least one of the primary studies was authored by yourself, so I guess I’m asking you to prove that you are not an ultra-right-wing pro-market-at-all-costs lunatic.
Other options are available to most payday loan customers. These include pawnbrokers, credit union loans with lower interest and more stringent terms which take longer to gain approval, employee access to earned but unpaid wages, credit payment plans, paycheck cash advances from employers (“advance on salary”), auto pawn loans, bank overdraft protection, cash advances from credit cards, emergency community assistance plans, small consumer loans, installment loans and direct loans from family or friends. The Pew Charitable Trusts found in 2013 their study on the ways in which users pay off payday loans that borrowers often took a payday loan to avoid one of these alternatives, only to turn to one of them to pay off the payday loan.
So we are left with at least two questions, I guess. Number one: how legitimate is any of the payday-loan research we’ve been telling you about today, pro or con? And number two: how skeptical should we be of any academic research?
The propensity for very low default rates seems to be an incentive for investors interested in payday lenders. In the Advance America 10-k SEC filing from December 2011 they note that their agreement with investors, “limits the average of actual charge-offs incurred during each fiscal month to a maximum of 4.50% of the average amount of adjusted transaction receivables outstanding at the end of each fiscal month during the prior twelve consecutive months”. They go on to note that for 2011 their average monthly receivables were $287.1 million and their average charge-off was $9.3 million, or 3.2%. In comparison with traditional lenders, payday firms also save on costs by not engaging in traditional forms of underwriting, relying on their easy rollover terms and the small size of each individual loan as method of diversification eliminating the need for verifying each borrowers ability to repay. It is perhaps due to this that payday lenders rarely exhibit any real effort to verify that the borrower will be able to pay the principal on their payday in addition to their other debt obligations.
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The exponential growth of payday lending over the past few decades can be traced back to federal financial deregulation in the 1970s and 1980s. The very reason Trump installed Mulvaney…is because he is a de-regulator…. At the very least, this latest move is yet another wink and nod to financial predators that it’s open season on poor people, working families, and communities of color.
As you find when you dig into just about any modern economic scenario, most people have at least one horse in every race, which makes it hard to separate advocacy and reality. So let’s go where Freakonomics Radio often goes when we want to find someone who does not have a horse in the race: to academia. Let’s ask some academic researchers if the payday-loan industry is really as nasty as it seems.
Lastly, much of what we do is informed by our own experiences as well as the experiences of our readers. We want to tell your stories if you’re interested in sharing them. Please email us at story ideas [at] credit [dot] com with ideas or visit us on Facebook or Twitter.
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DeYOUNG: They choose not to overdraft the checking account and take out the payday loan because they’ve done the calculus. That overdrafting on four or five checks at their bank is going to cost them more money than taking out the payday loan.
DeYoung, along with three co-authors, recently published an article about payday loans on Liberty Street Economics. That’s a blog run by the Federal Reserve Bank of New York. Another co-author, Donald Morgan, is an assistant vice president at the New York Fed. The article is titled “Reframing the Debate About Payday Lending.”
MCKAMEY: I got like $200 and it was just like I needed some real quick cash. There wasn’t no hesitations, no nothing. They asked me for certain pieces of information. I provided the information, and I got my loan.
In many cases, borrowers write a post-dated check (check with a future date) to the lender; if the borrowers don’t have enough money in their account by the check’s date, their check will bounce. In Texas, payday lenders are prohibited from suing a borrower for theft if the check is post-dated. One payday lender in the state instead gets their customers to write checks dated for the day the loan is given. Customers borrow money because they don’t have any, so the lender accepts the check knowing that it would bounce on the check’s date. If the borrower fails to pay on the due date, the lender sues the borrower for writing a hot check.
A recent law journal note summarized the justifications for regulating payday lending. The summary notes that while it is difficult to quantify the impact on specific consumers, there are external parties who are clearly affected by the decision of a borrower to get a payday loan. Most directly impacted are the holders of other low interest debt from the same borrower, which now is less likely to be paid off since the limited income is first used to pay the fee associated with the payday loan. The external costs of this product can be expanded to include the businesses that are not patronized by the cash-strapped payday customer to the children and family who are left with fewer resources than before the loan. The external costs alone, forced on people given no choice in the matter, may be enough justification for stronger regulation even assuming that the borrower him or herself understood the full implications of the decision to seek a payday loan.
Many people ask about 1 Hour Payday Loans. In theory this can happen but from a practical standpoint it never happens. When applying for a payday loan the lender must take some time to explain all the terms and conditions to you as well as get your final approval.
Jump up ^ Choplin, Jessica; Stark, Debra; Ahmad, Jasmine (2011). “A Psychological Investigation of Consumer Vulnerability to Fraud: Legal and Policy Implication”. Hein Online. pp. 61–108. Retrieved 2017-12-09.
There is a long and often twisted history of industries co-opting scientists and other academic researchers to produce findings that make their industries look safer or more reliable or otherwise better than they really are. Whenever we talk about academic research on this show — which is pretty much every week — we do try to show the provenance of that research and establish how legitimate it is. The best first step in figuring that out is to ask what kind of incentives are at play. But even that is only one step.
Buried in a late-night court filing in Robert Mueller’s expansive probe of Russian interference in the 2016 presidential election was an explosive claim: An adviser to President Donald Trump’s campaign and transition teams had knowingly been in contact with a former Russian intelligence officer as late as September 2016, prosecutors said. The revelation is the strongest connection to date between Trump’s campaign and Russia’s intelligence services, which U.S. officials say were behind the cyberattacks on Democrats during the election.
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Many countries offer basic banking services through their postal systems. The United States Post Office Department offered such as service in the past. Called the United States Postal Savings System it was discontinued in 1967. In January 2014 the Office of the Inspector General of the United States Postal Service issued a white paper suggesting that the USPS could offer banking services, to include small dollar loans for under 30% APR. Support and criticism quickly followed; opponents of postal banking argued that as payday lenders would be forced out of business due to competition, the plan is nothing more than a scheme to support postal employees.
Bank wires are a fast and efficient way to receive immediate funds. Bank wires usually have a charge for this emergency payday loan service and are usually deducted from the loan amount you receive. For example, if you request an emergency cash advance for $300, the amount transmitted to your bank account will usually be less than $300 after deducting any wire fee.
Whatever you want to call it — wage deflation, structural unemployment, the absence of good-paying jobs — isn’t that a much bigger problem? And, if so, what’s to be done about that? Next time on Freakonomics Radio, we will continue this conversation by looking at one strange, controversial proposal for making sure that everyone’s got enough money to get by.
STANDAERT: These payday loans cost borrowers hundreds of dollars for what is marketed as a small loan. And the Center for Responsible Lending has estimated that payday loan fees drain over $3.4 billion a year from low-income consumers stuck in the payday-loan debt trap.
It’s a coincidence that Penny, the heroine of Mary H.K. Choi’s young-adult novel Emergency Contact, happens to be passing by as Sam, her local barista, is having his first panic attack. She gives him a ride, and her number, and tells him to text her when he gets home. He jokes that she’s his “emergency contact.”
The APR associated with your loan stands for the annual percentage rate, or the amount of interest you will be expected to pay in relation to the length of your loan term. Most of the time, the APR for short term loans ranges from 260.71% to 1825.00%, though this can vary somewhat. Although the APR associated with short term loans is higher than that associated with other forms of credit, it is still considerably less than the charges associated with overdrafts and nonsufficient funds. Please see below for a cost comparison.
If you are concerned about a payday loan in default, bankruptcy may be the best solution. Not only will filing for bankruptcy cause all collection efforts by creditors to cease immediately, but it can eliminate most of your debt and provide you with a fresh start.
WERTH: I was, and what he told me was that even though Hilary Miller was making substantial changes to the paper, CCRF did not exercise editorial control. That is, he says, he still had complete academic freedom to accept or reject Miller’s changes. Here’s Fusaro:
A small percentage of payday lenders have, in the past, threatened delinquent borrowers with criminal prosecution for check fraud. This practice is illegal in many jurisdictions and has been denounced by the Community Financial Services Association of America, the industry’s trade association.
DEYOUNG: Had I written that paper, and had I known 100 percent of the facts about where the data came from and who paid for it — yes, I would have disclosed that. I don’t think it matters one way or the other in terms of what the research found and what the paper says.
Lenders hold the checks until the borrower’s next payday when loans and the finance charge must be paid in one lump sum. To pay a loan, borrowers can redeem the check by paying the loan with cash, allow the check to be deposited at the bank, or just pay the finance charge to roll the loan over for another pay period. Some payday lenders also offer longer-term payday instalment loans and request authorization to electronically withdraw multiple payments from the borrower’s bank account, typically due on each pay date. Payday loans range in size from $100 to $1,000, depending on state legal maximums. The average loan term is about two weeks. Loans typically cost 400% annual interest (APR) or more. The finance charge ranges from $15 to $30 to borrow $100. For two-week loans, these finance charges result in interest rates from 390 to 780% APR. Shorter term loans have even higher APRs. Rates are higher in states that do not cap the maximum cost.
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