Tags: Alison Hockenberry, Arwa Gunja, Barack Obama, Bill Healy, Bob DeYoung, Caroline English, Christopher Werth, Diane Standaert, Donald Morgan, Elizabeth Dole, Greg Rosalsky, Hilary Miller, Jamie Fulmer, Jay Cowit, Jonathan Zinman, Kasia Mychajlowycz, Marc Fusaro, Merritt Jacob, Patricia Cirillo, Pew Charitable Trusts, President Obama, Ronald Mann, Scott Carrell, Sebastian McKamey
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.
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ZINMAN: And what we found matching that data on job performance and job readiness supports the Pentagon’s hypothesis. We found that as payday loan access increases, servicemen job performance evaluations decline. And we see that sanctions for severely poor readiness increase as payday-loan access increases, as the spigot gets turned on. So that’s a study that very much supports the anti-payday lending camp.
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.
High rates often go hand in hand with short-term loans, and payday loans often come with some of the highest. As a transparent company, LendUp has no hidden fees. The total cost of the loan is shown upfront, so there are no surprise payments due at the end of the loan or when you pay off the balance.
A Review of the Department of Defense’s Report on Predatory Lending Practices Directed at Members of the Armed Forces and Their Dependents, hearing in the U.S. Senate Committee on Banking, Housing. & Urban Affairs, (September, 2006).
DUBNER: Hey Christopher. So, as I understand it, much of what you’ve learned about CCRF’s involvement in the payday research comes from a watchdog group called the Campaign for Accountability, or CFA? So, first off, tell us a little bit more about them, and what their incentives might be.
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.
Which suggests there is a small but substantial group of people who are so financially desperate and/or financially illiterate that they can probably get into big trouble with a financial instrument like a payday loan.
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DeYOUNG: OK, in a short sentence that’s highly scientific I would begin by saying, “Let’s not throw the baby out with the bathwater.” The question comes down to how do we identify the bath water and how do we identify the baby here. One way is to collect a lot of information, as the CFPB suggests, about the creditworthiness of the borrower. But that raises the production cost of payday loans and will probably put the industry out of business. But I think we can all agree that once someone pays fees in an aggregate amount equal to the amount that was originally borrowed, that’s pretty clear that there’s a problem there.
A study by the FDIC Center for Financial Research found that “operating costs are not that out of line with the size of advance fees” collected and that, after subtracting fixed operating costs and “unusually high rate of default losses,” payday loans “may not necessarily yield extraordinary profits.”
A report from the Federal Reserve Bank of New York concluded that, “We … test whether payday lending fits our definition of predatory. We find that in states with higher payday loan limits, less educated households and households with uncertain income are less likely to be denied credit, but are not more likely to miss a debt payment. Absent higher delinquency, the extra credit from payday lenders does not fit our definition of predatory.” The caveat to this is that with a term of under 30 days there are no payments, and the lender is more than willing to roll the loan over at the end of the period upon payment of another fee. The report goes on to note that payday loans are extremely expensive, and borrowers who take a payday loan are at a disadvantage in comparison to the lender, a reversal of the normal consumer lending information asymmetry, where the lender must underwrite the loan to assess creditworthiness.
Payday loans are legal in 27 states, and 9 others allows some form of short term storefront lending with restrictions. The remaining 14 and the District of Columbia forbid the practice. The annual percentage rate (APR) is also limited in some jurisdictions to prevent usury. And in some states, there are laws limiting the number of loans a borrower can take at a single time.
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Along with reforming payday lending, Cordray is trying to jawbone banks and credit unions into offering small-dollar, payday-like loans. Theoretically, they could use their preexisting branches, mitigating the overhead costs that affect payday stores and hence enabling profitable lending at a much lower rate. This is the holy grail for consumer advocates. “What everyone really wants to see is for it to come into the mainstream of financial services if it’s going to exist at all,” Cox says.
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.
“Without the assistance of the banks in processing and sending electronic funds, these lenders simply couldn’t operate,” said Josh Zinner, co-director of the Neighborhood Economic Development Advocacy Project, which works with community groups in New York.
Maybe that’s about as good as it gets on the fringe. Outrage is easy, and outrage is warranted—but maybe payday lenders shouldn’t be its main target. The problem isn’t just that people who desperately need a $350 loan can’t get it at an affordable rate, but that a growing number of people need that loan in the first place.
To prevent usury (unreasonable and excessive rates of interest), some jurisdictions limit the annual percentage rate (APR) that any lender, including payday lenders, can charge. Some jurisdictions outlaw payday lending entirely, and some have very few restrictions on payday lenders. In the United States, the rates of these loans used to be restricted in most states by the Uniform Small Loan Laws (USLL), with 36–40% APR generally the norm.
First, Mann wanted to gauge borrowers’ expectations — how long they thought it would take them to pay back a payday loan. So he designed a survey that was given out to borrowers in a few dozen payday loan shops across five states.
If you do not pay your loan according to its terms, your lender may: charge you late fees, send your account to a collection agency, report your information to a consumer reporting agency which may negatively affect your credit score, offer to renew, extend or refinance your loan, which may cause you to incur additional fees, charges and interest. We are not a lender. Only your lender can provide you with information about your specific loan terms and APR and the implications for non-payment of your loan. Ask your lender for their current rates and charges and their policies for non-payment.
Online cash advance loans are slightly different from their traditional brethren, though. Online loans are handled via internet applications and approvals, which often means you know if you are approved right away and you can receive your funds quickly via a bank transfer.
For a Check ‘n Go online loan the minimum loan term is 10 days and the maximum loan term is 31 days. For a Check ‘n Go store location the minimum loan term is 5 days and the maximum loan term is 31 days.
Perhaps you know all this already—certainly, an assuredly mainstream backlash has been building. Last spring, President Obama weighed in, saying, “While payday loans might seem like easy money, folks often end up trapped in a cycle of debt.” The comedian Sarah Silverman, in a Last Week Tonight With John Oliver skit, put things more directly: “If you’re considering taking out a payday loan, I’d like to tell you about a great alternative. It’s called ‘AnythingElse.’ ” Now the Consumer Financial Protection Bureau, the agency created at the urging of Senator Elizabeth Warren in the wake of the 2008 financial crisis, is trying to set new rules for short-term, small-dollar lenders. Payday lenders say the rules may put them out of business.
While the loans are simple to obtain — some online lenders promise approval in minutes with no credit check — they are tough to get rid of. Customers who want to repay their loan in full typically must contact the online lender at least three days before the next withdrawal. Otherwise, the lender automatically renews the loans at least monthly and withdraws only the interest owed. Under federal law, customers are allowed to stop authorized withdrawals from their account. Still, some borrowers say their banks do not heed requests to stop the loans.
Perhaps a solution of sorts—something that is better, but not perfect—could come from more-modest reforms to the payday-lending industry, rather than attempts to transform it. There is some evidence that smart regulation can improve the business for both lenders and consumers. In 2010, Colorado reformed its payday-lending industry by reducing the permissible fees, extending the minimum term of a loan to six months, and requiring that a loan be repayable over time, instead of coming due all at once. Pew reports that half of the payday stores in Colorado closed, but each remaining store almost doubled its customer volume, and now payday borrowers are paying 42 percent less in fees and defaulting less frequently, with no reduction in access to credit. “There’s been a debate for 20 years about whether to allow payday lending or not,” says Pew’s Alex Horowitz. “Colorado demonstrates it can be much, much better.”