Petru Stelian Stoianovici, a researcher from Charles River Associates, and Michael T. Maloney, an economics professor from Clemson University, found “no empirical evidence that payday lending leads to more bankruptcy filings, which casts doubt on the debt trap argument against payday lending.”
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.
DeYOUNG: Right now, there’s very very little information on rollovers, the reasons for rollovers, and the effects of rollovers. And without academic research, the regulation is going to be based on who shouts the loudest. And that’s a really bad way to write law or regulation. That’s what I really worry about. If I could advocate a solution to this, it would be: identify the number of rollovers at which it’s been revealed that the borrower is in trouble and is being irresponsible and this is the wrong product for them. At that point the payday lender doesn’t flip the borrower into another loan, doesn’t encourage the borrower to find another payday lender. At that point the lender’s principal is then switched over into a different product, a longer term loan where he or she pays it off a little bit each month.
You may find it difficult to face your credit while you’re having financial difficulties. However, it’s important as ever to stay aware of your credit during times like this so you can deal with any potential problems — including errors, collection accounts or signs of fraud — that can show up on your credit report. It’s also important to keep an eye on your credit score, which can indicate a problem with your credit.
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Financial Implications – The cost associated with short term loans of up to $500 can range from 15% to 40%, and these costs may climb even higher for loans that are greater than $500 in value. Before you sign your agreement, you should check these fees carefully. Similarly, there may also be charges applied for nonsufficient funds. As an example, if your $100 loan is 15 days past due, you may be assessed a charge that is equal to 10% of the principle balance as well as a $25 nonsufficient funds fee.
DEYOUNG: Studies that have looked at this have found that once you control for the demographics and income levels in these areas and these communities, the racial characteristics no longer drive the location decisions. As you might expect, business people don’t care what color their customers are, as long as their money’s green.
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Fringe financial services is the label sometimes applied to payday lending and its close cousins, like installment lending and auto-title lending—services that provide quick cash to credit-strapped borrowers. It’s a euphemism, sure, but one that seems to aptly convey the dubiousness of the activity and the location of the customer outside the mainstream of American life.
“Payday lending brings up this meta issue,” says Prentiss Cox, a professor at the University of Minnesota’s law school and a member of the consumer advisory board at the bureau: “What should consumer protection be?” If most payday-lending customers ultimately need to fall back on financial support from family members, or on bankruptcy, then perhaps the industry should be eliminated, because it merely makes the inevitable more painful. Yet some consumers do use payday loans just as the industry markets them—as a short-term emergency source of cash, one that won’t be there if the payday-lending industry goes away. The argument that payday lending shouldn’t exist would be easy if there were widespread, affordable sources of small-dollar loans. But thus far, there are not.
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?
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If you take out a payday loan that is equivalent to your next check, you won’t have anything left to pay bills or make it to the next paycheck. That leaves you in a cycle where you are lining up your next loan as you pay off the first. Payday loan alternatives can help you avoid that debt cycle and still get the capital you need.
DUBNER:OK, so this is interesting that a watchdog group that will not reveal its funding is going after an industry for trying to influence academics that it’s funding. So should we assume that CFA, the watchdog, has some kind of horse in the payday race? Or do we just not know?
You do your best to ask as many questions as you can of the research and of the researchers themselves. You ask where the data comes from, whether it really means what they say it means, and you ask them to explain why they might be wrong, or compromised. You make the best judgment you can, and then you move forward and try to figure out how the research really matters. Because the whole idea of the research, presumably, is to help solve some larger problem.
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.
January 16 was supposed to be the day of reckoning for a notorious predatory-lending industry, when a rule from the Obama administration’s consumer-watchdog agency would finally start to curb a business that’s fleecing the poor. But the day the new regulation was set to kick in, the Trump White House’s newly appointed head of the agency decided to suspend the rule indefinitely, and soon announced a “review” of all agency operations, signaling a shift in mission from protecting Main Street to coddling Wall Street.
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The suspension of the rule signals a new direction for the CFPB, which is now headed by Mick Mulvaney, a longtime Trump crony and eminent Wall Street warrior who has a record of fiercely protecting financiers, not consumers. Mulvaney immediately followed the rule’s suppression by launching an internal review of the agency, which watchdog groups see as another step toward reversal of the agency’s founding mission. Paralleling Trump’s anti-Obama vendetta, Mulvaney is poised to dismantle the agency’s regulatory framework, which prior to his tenure aimed at promoting modest but meaningful limits on the financial industry’s exploitative power. And his first move is fittingly to roll back a major instrument of fraud and usury that’s aimed at the poorest consumers.
DeYOUNG: We need to do more research and try to figure out the best ways to regulate rather than regulations that are being pursued now that would eventually shut down the industry. I don’t want to come off as being an advocate of payday lenders. That’s not my position. My position is I want to make sure the users of payday loans who are using them responsibly and for who are made better off by them don’t lose access to this product.
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Below is a transcript of the episode, modified for your reading pleasure. For more information on the people and ideas in the episode, see the links at the bottom of this post. And you’ll find credits for the music in the episode noted within the transcript.
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.
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It begins like this: “Except for the ten to twelve million people who use them every year, just about everybody hates payday loans. Their detractors include many law professors, consumer advocates, members of the clergy, journalists, policymakers, and even the President! But is all the enmity justified?”
Although the federal Truth in Lending Act does require payday lenders to disclose their finance charges, many borrowers overlook the costs. Most loans are for 30 days or less and help borrowers to meet short-term liabilities. Loan amounts on these loans are usually from $100 to $1,500. Oftentimes these loans can be rolled over for additional finance charges and many borrowers are often repeat customers. A number of court cases have been filed against these lenders as lending laws following the 2008 financial crisis have been enacted to create a more transparent and fair lending market for consumers.
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ZINMAN: And in that study, in that data, I find evidence that payday borrowers in Oregon actually seemed to be harmed. They seemed to be worse off by having that access to payday loans taken away. And so that’s a study that supports the pro-payday loan camp.
This reinforces the findings of the U.S. Federal Deposit Insurance Corporation (FDIC) study from 2011 which found black and Hispanic families, recent immigrants, and single parents were more likely to use payday loans. In addition, their reasons for using these products were not as suggested by the payday industry for one time expenses, but to meet normal recurring obligations.
A 2012 report produced by the Cato Institute found that the cost of the loans is overstated, and that payday lenders offer a product traditional lenders simply refuse to offer. However, the report is based on 40 survey responses collected at a payday storefront location. The report’s author, Victor Stango, was on the board of the Consumer Credit Research Foundation (CCRF) until 2015, an organization funded by payday lenders, and received $18,000 in payments from CCRF in 2013.
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During a speech on Thursday, President Trump revealed a striking ignorance of one of the pillars of his country’s educational system. In the course of promoting his infrastructure plan, he, a bit perplexingly, dismissed the country’s community colleges, suggesting he doesn’t know what purpose they serve. “We do not know what a ‘community college’ means,” he told the crowd in an Ohio training facility for construction apprentices, moments after expressing nostalgia for the vocational schools that flourished when he was growing up—schools that offered hands-on training in fields such as welding and cosmetology.
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.
WINCY COLLINS: I advise everyone, “Do not even mess with those people. They are rip-offs.” I wouldn’t dare go back again. I don’t even like walking across the street past it. That’s just how pissed I was, and so hurt.
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Fulmer’s firm, Advance America, runs about 2,400 payday loan shops, across 29 states. All in, there are roughly 20,000 payday shops in the U.S., with total loan volume estimated at around $40 billion a year. If you were to go back to the early 1990s, there were fewer than 500 payday-loan stores. But the industry grew as many states relaxed their usury laws — many states, but not all. Payday lending is forbidden in 14 states, including much of the northeast and in Washington, D.C. Another nine states allow payday loans but only with more borrower-friendly terms. And that leaves 27 states where payday lenders can charge in the neighborhood of 400 percent interest — states ranging from California to Texas to Wisconsin to Alabama, which is what drew President Obama there.
Prior to 2009 regulation of consumer credit was primarily conducted by the states and territories. Some states such as New South Wales and Queensland legislated effective annual interest rate caps of 48%. In 2008 the Australian states and territories referred powers of consumer credit to the Commonwealth. In 2009 the National Consumer Credit Protection Act 2009 (Cth) was introduced, which initially treated payday lenders no differently from all other lenders. In 2013 Parliament tightened regulation on the payday lending further introducing the Consumer Credit and Corporations Legislation Amendment (Enhancements) Act 2012 (Cth) which imposed an effective APR cap of 48% for all consumer credit contracts (inclusive of all fees and charges). Payday lenders who provided a loan falling within the definition of a small amount credit contract (SACC), defined as a contract provided by a non authorised-deposit taking institution for less than $2,000 for a term between 16 days and 1 year, are permitted to charge a 20% establishment fee in addition to monthly (or part thereof) fee of 4% (effective 48% p.a.). Payday lenders who provide a loan falling within the definition of a medium amount credit contract (MACC), defined as a credit contract provided by a non-deposit taking institution for between $2,000–$5,000 may charge a $400 establishment fee in addition to the statutory interest rate cap of 48%. Payday lenders are still required to comply with Responsible lending obligations applying to all creditors. Unlike other jurisdictions Australian payday lenders providing SACC or MACC products are not required to display their fees as an effective annual interest rate percentage.
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.
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