There’s no single reason payday lending in its more mainstream, visible form took off in the 1990s, but an essential enabler was deregulation. States began to roll back usury caps, and changes in federal laws helped lenders structure their loans so as to avoid the caps. By 2008, writes Jonathan Zinman, an economist at Dartmouth, payday-loan stores nationwide outnumbered McDonald’s restaurants and Starbucks coffee shops combined.
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.
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.
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.
This is not true. A creditor cannot put you in jail. Only Prosecutors or U.S. Attorneys can pursue you if they believe that you have committed a crime. However, virtually every Prosecutor knows that not paying a pay day loan is not a crime and will not even attempt to prosecute you. In fact, most payday lenders know that Prosecutors have no time for a pay day lender using the state’s offices to collect their debt and crazy interest rates and will not even contact them. They will threaten to contact them in an attempt to scare you into paying. I have even seen Payday lenders lie and state that they are “Investigator Jones” in order to scare a debtor into paying a debt. Don’t let them scare you. It is not a crime to not pay a pay day loan.
Consider a study that Zinman published a few years back. It looked at what happened in Oregon after that state capped interest rates on short-term loans from the usual 400 percent to 150 percent, which meant a payday lender could no longer charge the industry average of roughly $15 per $100 borrowed; now they could charge only about $6. As an economist might predict, if the financial incentive to sell a product is severely curtailed, people will stop selling the product.
Elizabeth Warren has endorsed the idea of the Postal Service partnering with banks to offer short-term loans. But even some fellow opponents of payday lending think that’s unfeasible. In a New York Times op-ed last fall, Frederick Wherry, a sociology professor at Yale, pointed out that doing this would require the Postal Service to have a whole new infrastructure, and its employees a whole new skill set. Another alternative would seem to be online companies, because they don’t have the storefront overhead. But they may have difficulty managing consumer fraud, and are themselves difficult to police, so they may at times evade state caps on interest rates. So far, the rates charged by many Internet lenders seem to be higher, not lower, than those charged by traditional lenders. (Elevate Credit, which says it has a sophisticated, technology-based way of underwriting loans, brags that its loans for the “new middle class” are half the cost of typical payday loans—but it is selective in its lending, and still charges about 200 percent annually.) Promising out-of-the-box ideas, in other words, are in short supply.
You are not culpable under criminal laws relating to returned payment items if you default on this transaction. Consequently, we may not use or threaten to use criminal process (e.g., criminal returned item laws) to collect a defaulted transaction.
“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.
Comparatively the profit margin of Starbucks for the measured time period was just over 9%, and comparison lenders had an average profit margin of 13.04%. These comparison lenders were mainstream companies: Capital One, GE Capital, HSBC, Money Tree, and American Express Credit.
Now, however, the storefront-payday-lending industry is embattled. In 2006, after much outcry about the upcropping of payday lenders near military bases, Congress passed a law capping at 36 percent the annualized rate that lenders could charge members of the military. In response to pressure from consumer advocates, many states have begun trying to rein in the industry, through either regulation or outright bans. Lenders have excelled at finding loopholes in these regulations. Still, according to Pew, the number of states in which payday lenders operate has fallen from a peak of 44 in 2004 to 36 this year. Nationwide, according to the Center for Financial Services Innovation, “single-payment credit”—so named because the amount borrowed is due in one lump sum—barely grew from 2012 to 2014.
ZINMAN: The Pentagon in recent years has made it a big policy issue. They have posited that having very ready access to payday loans outside of bases has caused financial distress and distractions that have contributed to declines in military readiness and job performance.
With annual interest rates around 400 percent, payday loans are called exploitative by critics. But the industry says those rates are necessary. And nearly 90% of borrowers are satisfied customers. (photo: stallio)
In May 2008, the debt charity Credit Action made a complaint to the United Kingdom Office of Fair Trading (OFT) that payday lenders were placing advertising which violated advertising regulations on the social network website Facebook. The main complaint was that the APR was either not displayed at all or not displayed prominently enough, which is clearly required by UK advertising standards.
Check `n Go Online is not a direct lender in Texas and Ohio, where instead it acts in the capacity as a Credit Services Organization in conjunction with NCP Finance Limited Partnership as the direct lender for both in-store and online loans. Integrity Texas Funding also acts a direct lender in Texas for in-store loans only.
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.
Last year the Consumer Financial Protection Bureau (CFPB) crafted a long-awaited rule on payday lending—the industry offering short-term loans that exploit poor consumers—to clamp down on fraud by forcing lenders to “reasonably determine that the consumer has the ability to repay the loan” (rather than defaulting or submitting to even more exploitative terms). The rule, spearheaded by the Obama administration and widely supported by consumer and public-interest groups, allowed exemptions for smaller-scale loans by requiring lenders to follow certain consumer-protection provisions rather than go through the “ability-to-pay” determination.
The Consumer Financial Protection Bureau doesn’t have the power to ban payday lending outright, or to set a nationwide interest-rate cap, but it can act to prevent practices deemed “unfair, abusive, or deceptive.” In March 2015, it announced that it was considering a set of rules for most small-dollar loans (up to $500) that consumers are required to repay within 45 days. The goal is to put an end to payday-lending debt traps.
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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That does sound reasonable, doesn’t it? A typical credit-card rate is around 15 percent, maybe 20 or higher if you have bad credit. But to the payday-loan industry, a proposed cap of 36 percent is not reasonable at all.