Lawmakers, led by Senator Jeff Merkley, Democrat of Oregon, introduced a bill in July aimed at reining in the lenders, in part, by forcing them to abide by the laws of the state where the borrower lives, rather than where the lender is. The legislation, pending in Congress, would also allow borrowers to cancel automatic withdrawals more easily. “Technology has taken a lot of these scams online, and it’s time to crack down,” Mr. Merkley said in a statement when the bill was introduced.
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In August 2015, the Financial Conduct Authority (FCA) of the United Kingdom has announced that there have been an increase of unauthorized firms, also known as ‘clone firms’, using the name of other genuine companies to offer payday loan services. Therefore, acting as a clone of the original company, such as the case of Payday Loans Now. The FCA strongly advised to verify financial firms by using the Financial Services Register, prior to participating in any sort of monetary engagement.
In US law, a payday lender can use only the same industry standard collection practices used to collect other debts, specifically standards listed under the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from using abusive, unfair, and deceptive practices to collect from debtors. Such practices include calling before 8 o’clock in the morning or after 9 o’clock at night, or calling debtors at work.
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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.”
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.
MARC FUSARO: The Consumer Credit Research Foundation and I had an interest in the paper being as clear as possible. And if someone, including Hilary Miller, would take a paragraph that I had written and re-write it in a way that made what I was trying to say more clear, I’m happy for that kind of advice. I have taken papers to the university writing center before and they’ve helped me make my writing more clear. And there’s nothing scandalous about that, at all. I mean the results of the paper have never been called into question. Nobody had suggested I changed any other results or anything like that based on any comments from anybody. Frankly, I think this is much ado about nothing.
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.
They’re called payday loans because payday is typically when borrowers can pay them back. They’re usually small, short-term loans that can tie you over in an emergency. The interest rates, on an annualized basis, can be in the neighborhood of 400 percent — much, much higher than even the most expensive credit cards. But again, they’re meant to be short-term loans, so you’re not supposed to get anywhere near that annualized rate. Unless, of course, you do. Because if you can’t pay off your payday loan, you might take out another one — a rollover, it’s called. This can get really expensive. Really, really, really expensive — so much so that some people think payday loans are just evil. This guy, for instance:
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.
Diane Standaert is the director of state policy at the Center for Responsible Lending, which has offices in North Carolina, California, and Washington, D.C. The CRL calls itself a “nonprofit, non-partisan organization” with a focus on “fighting predatory lending practices.” You’ve probably already figured out that the CRL is anti-payday loan. Standaert argues that payday loans are often not used how the industry markets them, as a quick solution to a short-term emergency.
Freakonomics Radio is produced by WNYC Studios and Dubner Productions. Today’s episode was produced by Christopher Werth. The rest of our staff includes Arwa Gunja, Jay Cowit, Merritt Jacob, Greg Rosalsky, Kasia Mychajlowycz, Alison Hockenberry and Caroline English. Thanks also to Bill Healy for his help with this episode from Chicago. If you want more Freakonomics Radio, you can also find us on Twitter and Facebook and don’t forget to subscribe to this podcast on iTunes or wherever else you get your free, weekly podcasts.
Research for the Illinois Department of Financial and Professional Regulation found that a majority of Illinois payday loan borrowers earn $30,000 or less per year. Texas’ Office of the Consumer Credit Commissioner collected data on 2012 payday loan usage, and found that refinances accounted for $2.01 billion in loan volume, compared with $1.08 billion in initial loan volume. The report did not include information about annual indebtedness. A letter to the editor from an industry expert argued that other studies have found that consumers fare better when payday loans are available to them. Pew’s reports have focused on how payday lending can be improved, but have not assessed whether consumers fare better with or without access to high-interest loans. Pew’s demographic analysis was based on a random-digit-dialing (RDD) survey of 33,576 people, including 1,855 payday loan borrowers.
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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)
For Subrina Baptiste, 33, an educational assistant in Brooklyn, the overdraft fees levied by Chase cannibalized her child support income. She said she applied for a $400 loan from Loanshoponline.com and a $700 loan from Advancemetoday.com in 2011. The loans, with annual interest rates of 730 percent and 584 percent respectively, skirt New York law.
Begin with last October’s oral argument in Gill v. Whitford, the political-gerrymandering case many observers expected to be the court’s major statement on the issue. The challengers to Wisconsin’s Republican-leaning system of legislative districts claimed that it violated both the First Amendment (by “penalizing … voters because of their political beliefs”) and the Equal Protection Clause of the Fourteenth Amendment (by “diluting the political influence of a targeted group of voters”). They asked the court to ratify the lower court’s three-part test. Under that test, a legislative map is invalid if it (1) is intended to discriminate among voters based on partisan identity; (2) causes a “large and durable” political swing in representation from one party to another; and (3) lacks any other reason or justification except political advantage.
But there is one statistical tidbit that flies in the face of this conventional wisdom: A clear majority of same-sex couples who are living together are now married. Same-sex marriage was illegal in every state until Massachusetts legalized it in 2004, and it did not become legal nationwide until the Supreme Court decision Obergefell v. Hodges in 2015. Two years after that decision, 61 percent of same-sex couples who were sharing a household were married, according to a set of surveys by Gallup. That’s a high take-up rate: Just because same-sex couples are able to marry doesn’t mean that they have to; and yet large numbers have seized the opportunity. (That’s compared with 89 percent of different-sex couples.)
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A more nefarious theory is that banks currently make a lot of money on a payday-lending alternative that already exists—namely, overdraft protection. One study done by the Consumer Financial Protection Bureau found that most debit-card overdraft fees are incurred on transactions of $24 or less, and yield a median fee of $34. Why would banks want to undercut such a rich source of profits?
DEYOUNG: Yes, I like to think of myself as an objective observer of social activity, as an economist. But there’s one section of the blog where we highlight mixed evidence. That in some cases having access to payday loans looks like on balance, it helps reduce financial distress at the household level. And we also point to, I believe, an equal number of studies in that section that find the exact opposite. And then of course there’s another section in the blog where we point directly to rollovers and rollovers is where the rubber hits the road on this. If we can somehow predict which folks will not be able to handle this product and would roll it over incessantly, then we could impress upon payday lenders not to make the loans to those people. This product, in fact, is particularly badly suited to predict this because the payday lender only gets a small number of pieces of information when she makes the loan, as opposed to the information that a regulated financial institution would collect. The expense of collecting that information, of underwriting the loan in the traditional way that a bank would, would be too high for the payday lender to offer the product. If we load up additional costs on the production function of these loans, the loans won’t be profitable any longer.
In most cases, YES! Online payday loans are easy to get as long as you are at least 18 years old, have a bank account, have a reliable source of regular income and are a U.S. citizen or permanent U.S. resident!
MANN: If your prior is that none of the people using this product would do it if they actually understood what was going on — well, that just doesn’t seem to be right because the data at least suggests that most people do have a fairly good understanding of what’s going to happen to them.
On the other hand, this leaves about 40 percent of borrowers who weren’t good at predicting when they’d pay the loan off. And Mann found a correlation between bad predictions and past payday loan use.
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The decline of marriage is upon us. Or, at least, that’s what the zeitgeist would have us believe. In 2010, when Time magazine and the Pew Research Center famously asked Americans whether they thought marriage was becoming obsolete, 39 percent said yes. That was up from 28 percent when Time asked the question in 1978. Also, since 2010, the Census Bureau has reported that married couples have made up less than half of all households; in 1950 they made up 78 percent. Data such as these have led to much collective handwringing about the fate of the embattled institution.
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Lenders are within their rights to file reports with the three major credit bureaus—Experian, Equifax and Transunion—if you fail to repay your loan. This negative remark will lower your credit score and may make it impossible for you to obtain short term loans or other forms of credit in the future. However, once you have repaid your debt to your lender in full, this will be reported to the credit agencies and the negative remark will be removed from your credit history.
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?”