This transaction is being made pursuant to section 23035 of the Financial Code and is not subject to section 1719 of the Civil Code. You are not liable under civil laws relating to returned payment items if you default on this transaction. For example, you are not liable for treble (triple) damages, collection fees, or any other fees other than the $15 returned item fee that we charge per transaction (if applicable). Consequently, we may not use or threaten to use civil returned item laws to collect a defaulted transaction.
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.
DIANE STANDAERT: From the data that we’ve seen, payday loans disproportionately are concentrated in African-American and Latino communities, and that African-American and Latino borrowers are disproportionately represented among the borrowing population.
DeYOUNG: The payday lender doesn’t collect any other information. The payday borrower then writes a check — and this is the key part of the technology — the payday borrower then writes a check for the amount of the loan and postdates it by two weeks. And this becomes the collateral for the loan. So should the payday borrower not pay the loan off in two weeks, the payday lender then deposits the check.
The U.S. Bureau of Economic Analysis tracks personal savings rates for American households. According to numbers dating back to the 1950s, personal savings rates reach an all-time high of approximately 17 percent. Today, that number hovers around 5 percent. It’s not that Americans today don’t want to save for a rainy day, but rather that for many individuals and families, the rainy days never seem to go away. Rising costs keep many people living check to check, which can make it difficult to deal with emergencies. While savings are great, where do you turn if you need a quick financial boost and don’t have any cash stowed away? The answer could be an online cash advance loan.
*Approval depends upon meeting legal, regulatory and underwriting requirements. If approved, online loans are funded the next business day. All times and dates are based on Eastern Standard Time (EST). Check `n Go and third party lenders may, at their discretion, verify application information by using national databases that may provide information from one or more national credit bureaus, and Check `n Go or third party lenders may take that into consideration in the approval process.
According to the Consumer Financial Protection Bureau, or CFPB — the federal agency that President Obama wants to tighten payday-loan rules — 75 percent of the industry’s fees come from borrowers who take out more than ten loans a year.
Cash loans vary from lender to lender. So which one is best for you? Start by comparing interest rates, terms and fees between the loan options. Some things to look out for are prepayment penalties and automatic rollovers.
Before you accept a loan offer, the lender will offer you loan renewal options. Make sure you carefully examine their renewal policy prior to signing any loan documents. Please be aware that, to a great extent, state regulations govern renewal policies.
California requires that all California customers have their most recent pay stub on file with Check ‘n Go when receiving an installment loan. For online customers, please fax or e-mail Check ‘n Go your latest pay stub when applying to ensure timely processing of your loan.
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.
ZINMAN: And so we have a setup for a nice natural experiment there. You have two neighboring states, similar in a lot of ways. One passed a law, another considered passing a law, but didn’t quite pass it.
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.
“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.
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.
Cash advances are another short-term loan option that can help bridge the gap until payday arrives. You can apply in minutes and, upon approval, the funds from your cash advance are deposited in your account as soon as the next business day.
Facing increasingly inhospitable states, the lenders have also set up shop offshore. A former used-car dealership owner, who runs a series of online lenders through a shell corporation in Grenada, outlined the benefits of operating remotely in a 2005 deposition. Put simply, it was “lawsuit protection and tax reduction,” he said. Other lenders are based in Belize, Malta, the Isle of Man and the West Indies, according to federal court records.
Here at Cash Now, it is our policy to never get involved with making credit decisions or perform credit inquiries on potential borrowers. Some of our associated lenders, however, may choose to perform a nontraditional credit inquiry so they can determine if you are eligible for loan assistance. Typically, these lenders will not perform a credit check with any of the large U.S. credit reporting agencies (Equifax, Experian and TransUnion).
The stakes are very high, not just for the lenders, but for the whole “new middle class.” It seems obvious that there must be a far less expensive way of providing credit to the less creditworthy. But once you delve into the question of why rates are so high, you begin to realize that the solution isn’t obvious at all.
In 2014 several firms were reprimanded and required to pay compensation for illegal practices; Wonga.com for using letters untruthfully purporting to be from solicitors to demand payment—a formal police investigation for fraud was being considered in 2014—and Cash Genie, owned by multinational EZCorp, for a string of problems with the way it had imposed charges and collected money from borrowers who were in arrears.
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.
Some providers require that your FICO, or credit score, be above a minimum number before they will provide a cash advance. Even when certain online providers will provide cash advances to individuals with lower scores, they might charge higher interest rates or extra fees to do so.
The annual percentage rate (APR) is the annualized interest rate that you are charged on a cash loan. Cash Now does not function as a lender and does not provide cash loans to consumers, but it does refer people to skilled lenders who may provide such loans. Cash Now never charges any fees for this service. Since it is not a lender, Cash Now cannot supply you with the specific APR that your lender will attach to your loan. Understand that APRs can vary based on the information that you supply in your cash loan request, as well as the information that your lender supplies to you.
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.
For the banks, it can be a lucrative partnership. At first blush, processing automatic withdrawals hardly seems like a source of profit. But many customers are already on shaky financial footing. The withdrawals often set off a cascade of fees from problems like overdrafts. Roughly 27 percent of payday loan borrowers say that the loans caused them to overdraw their accounts, according to a report released this month by the Pew Charitable Trusts. That fee income is coveted, given that financial regulations limiting fees on debit and credit cards have cost banks billions of dollars.
If you’re approved, funding is usually quick. If your LendUp loan is submitted before 5 p.m. PT (weekdays), we’ll electronically transfer the funds to your bank account within one business day. See our FAQ for details.
Payday loans have been in the news a lot recently, but not all short-term loans carry the same risks. LendUp Loans are an alternative to traditional payday loans from a licensed lender. A typical payday loan is exactly that: You borrow money against your next paycheck. However, borrowing against your paycheck often imposes several restrictions on this type of lending:
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.
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?
As for federal regulation, the Dodd–Frank Wall Street Reform and Consumer Protection Act gave the Consumer Financial Protection Bureau (CFPB) specific authority to regulate all payday lenders, regardless of size. Also, the Military Lending Act imposes a 36% rate cap on tax refund loans and certain payday and auto title loans made to active duty armed forces members and their covered dependents, and prohibits certain terms in such loans.
Applying online is easy with Check `n Go. You can access our online application anytime, anywhere and receive your money as soon as the next business day, if approved. Funds are deposited directly into your checking account. Or if you prefer to apply in person, we have more than 160 stores throughout California. Visit a store, and one of our friendly associates will walk you through the application process. If your loan is approved, you could receive your funds before leaving the store.
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.
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.”