In a vicious cycle, the higher the permitted fees, the more stores, so the fewer customers each store serves, so the higher the fees need to be. Competition, in other words, does reduce profits to lenders, as expected—but it seems to carry no benefit to consumers, at least as measured by the rates they’re charged. (The old loan sharks may have been able to charge lower rates because of lower overhead, although it’s impossible to know. Robert Mayer thinks the explanation may have more to do with differences in the customer base: Because credit alternatives were sparse back then, these lenders served a more diverse and overall more creditworthy set of borrowers, so default rates were probably lower.)
“Alongside our other new rules for payday firms – affordability tests and limits on rollovers and continuous payment authorities – the cap will help drive up standards in a sector that badly needs to improve how it treats its customers.”
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.
DUBNER: Well, here’s what seems to me, at least, the puzzle, which is that repeat rollovers — which represent a relatively small number of the borrowers and are a problem for those borrowers — but it sounds as though those repeat rollovers are the source of a lot of the lender’s profits. So, if you were to eliminate the biggest problem from the consumer’s side, wouldn’t that remove the profit motive from the lender’s side, maybe kill the industry?
After studying millions of payday loans, the Consumer Financial Protection Bureau found that 67 percent went to borrowers with seven or more transactions a year, and the majority of borrowers paid more in fees than the amount of their initial loan. This is why Diane Standaert, the director of state policy at the Center for Responsible Lending, which argues for a 36 percent interest-rate cap, says, “The typical borrower experience involves long-term indebtedness—that’s core to the business model.”
Payday loans are not permitted for active-duty service members and their dependents.  Federal protections under the Military Lending Act (MLA) for service members and their families took effect October 1, 2007 and were expanded October 3, 2016. Department of Defense ruless apply to loans subject to the federal Truth in Lending Act, including payday and title loans.. Lenders are prohibited from charging more than 36 percent annual interest including fees; taking a check, debit authorization or car title to secure loans; and using mandatory arbitration clauses in contracts for covered loans. The Consumer Financial Protection Bureau enforces the MLA rules. To file a complaint, click here. See: CFA press release on revised MLA rules 
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OBAMA: You take out a $500 loan at the rates that they’re charging at these payday loans — some cases 450 percent interest — you wind up paying more than $1,000 in interest and fees on the $500 that you borrowed … You don’t need to be a math genius to know that it’s a pretty bad deal if you’re borrowing $500 and you have to pay back $1,000 in interest.
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.
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.
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A spokeswoman for Bank of America said the bank always honored requests to stop automatic withdrawals. Wells Fargo declined to comment. Kristin Lemkau, a spokeswoman for Chase, said: “We are working with the customers to resolve these cases.” Online lenders say they work to abide by state laws.
Just kidding; we still have no idea why men or women do anything in particular. But the study, released today in the Proceedings of the National Academy of Sciences, is interesting because it is one of the first to discover differences in the brain’s structural connectivity in a large sample size of people from a variety of age groups.
The CFPB doesn’t have the authority to limit interest rates. Congress does. So what the CFPB is asking for is that payday lenders either more thoroughly evaluate a borrower’s financial profile or limit the number of rollovers on a loan, and offer easier repayment terms. Payday lenders say even these regulations might just about put them out of business — and they may be right. The CFPB estimates that the new regulations could reduce the total volume of short-term loans, including payday loans but other types as well, by roughly 60 percent.
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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.
As for credit unions, although a few have had success offering small, short-term loans, many struggle with regulators, with reputational risk, and with the cost of making such loans. “We are all cognizant that we should do it, but it is very challenging to figure out a business model that works,” says Tom Kane, the president of the Illinois Credit Union League. In any event, the credit-union industry is small—smaller altogether, Kane points out, than JPMorgan Chase, Bank of America, or Wells Fargo alone. “The scale isn’t there,” he says.
“… payday lending services extend small amounts of uncollateralized credit to high-risk borrowers, and provide loans to poor households when other financial institutions will not. Throughout the past decade, this “democratization of credit” has made small loans available to mass sectors of the population, and particularly the poor, that would not have had access to credit of any kind in the past.”[39]
SEBASTIAN McKAMEY: It’s open. It’s outside. So I was just standing outside, waiting on the bus stop. And I lit me a cigarette and the officers pulled up on me and was like, “Hey, you know you can’t smoke here?” I was like, “No, I didn’t know. I don’t see no signs.” So they wrote me a ticket.
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.
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 payday lending industry argues that conventional interest rates for lower dollar amounts and shorter terms would not be profitable. For example, a $100 one-week loan, at a 20% APR (compounded weekly) would generate only 38 cents of interest, which would fail to match loan processing costs. Research shows that on average, payday loan prices moved upward, and that such moves were “consistent with implicit collusion facilitated by price focal points”.[34]
As I opened the CT scan last week to read the next case, I was baffled. The history simply read “gunshot wound.” I have been a radiologist in one of the busiest trauma centers in the United States for 13 years, and have diagnosed thousands of handgun injuries to the brain, lung, liver, spleen, bowel, and other vital organs. I thought that I knew all that I needed to know about gunshot wounds, but the specific pattern of injury on my computer screen was one that I had seen only once before.
Bob DeYoung makes one particularly counterintuitive argument about the use of payday loans. Rather than “trapping borrowers in a cycle of debt,” as President Obama and other critics put it, DeYoung argues that payday loans may help people avoid a cycle of debt — like the late fees your phone company charges for an unpaid bill; like the overdraft fees or bounced-check fees your bank might charge you.
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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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This idea has been around since at least 2005, when Sheila Bair, before her tenure at the FDIC, wrote a paper arguing that banks were the natural solution. But that was more than a decade ago. “The issue has been intractable,” Bair says. Back in 2008, the FDIC began a two-year pilot program encouraging banks to make small-dollar loans with an annualized interest-rate cap of 36 percent. But it didn’t take off, at least in part because of the time required for bank personnel, who are paid a lot more than payday-store staffers, to underwrite the loans. The idea is also at odds with a different federal mandate: Since the financial crisis, bank regulators have been insisting that their charges take less risk, not more. After guidelines issued by the FDIC and the Office of the Comptroller of the Currency warned of the risks involved in small-dollar lending, Wells Fargo and U.S. Bankcorp stopped offering payday-like loans altogether.
Quick Loans Till Payday

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.
The payday industry, and some political allies, argue the CFPB is trying to deny credit to people who really need it. Now, it probably does not surprise you that the payday industry doesn’t want this kind of government regulation. Nor should it surprise you that a government agency called the Consumer Financial Protection Bureau is trying to regulate an industry like the payday industry.
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?
Payday lenders will attempt to collect on the consumer’s obligation first by simply requesting payment. If internal collection fails, some payday lenders may outsource the debt collection, or sell the debt to a third party.
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Whatever you want to call it — wage deflation, structural unemployment, the absence of good-paying jobs — isn’t that a much bigger problem? And, if so, what’s to be done about that? Next time on Freakonomics Radio, we will continue this conversation by looking at one strange, controversial proposal for making sure that everyone’s got enough money to get by.
CashNetUSA offers payday loans online, sometimes referred to as cash advances, in a number of states, including California, Florida and Michigan. Our payday loans are unsecured short-term loans, usually for less than $500. The amounts, terms and types of loans available differ according to where you live. Check out our Rates & Terms page to see what’s available in your state and the amounts and terms. If an online payday loan is not available in your state, you still might be able to apply for a product that suits your needs — such as a longer-term installment loan or a flexible line of credit.
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.[67]
By analyzing the MRIs of 949 people aged 8 to 22, scientists at the University of Pennsylvania found that male brains have more connections within each hemisphere, while female brains are more interconnected between hemispheres.
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.
Jonathan Zinman is a professor of economics at Dartmouth College. Zinman says that a number of studies have tried to answer the benchmark question of whether payday lending is essentially a benefit to society. Some studies say yes …
DEYOUNG: Oh, I do think that our history of usury laws is a direct result of our Judeo-Christian background. And even Islamic banking, which follows in the same tradition. But clearly interest on money lent or borrowed has a, has been looked at non-objectively, let’s put it that way. So the shocking APR numbers if we apply them to renting a hotel room or renting an automobile or lending your father’s gold watch or your mother’s silverware to the pawnbroker for a month, the APRs come out similar. So the shock from these numbers is, we recognize the shock here because we are used to calculating interest rates on loans but not interest rates on anything else. And it’s human nature to want to hear bad news and it’s, you know, the media understands this and so they report bad news more often than good news. We don’t hear this. It’s like the houses that don’t burn down and the stores that don’t get robbed.
The problem we’ve been looking at today is pretty straightforward: there are a lot of low-income people in the U.S. who’ve come to rely on a financial instrument, the payday loan, that is, according to its detractors, exploitative, and according to its supporters, useful. President Obama is pushing for regulatory reform; payday advocates say the reform may kill off the industry, leaving borrowers in the lurch.
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.”[23] 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.
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The Financial Conduct Authority (FCA) estimates that there are more than 50,000 credit firms that come under its widened remit, of which 200 are payday lenders.[58] Payday loans in the United Kingdom are a rapidly growing industry, with four times as many people using such loans in 2009 compared to 2006 – in 2009 1.2 million people took out 4.1 million loans, with total lending amounting to £1.2 billion.[59] In 2012, it is estimated that the market was worth £2.2 billion and that the average loan size was around £270.[60] Two-thirds of borrowers have annual incomes below £25,000. There are no restrictions on the interest rates payday loan companies can charge, although they are required by law to state the effective annual percentage rate (APR).[59] In the early 2010s there was much criticism in Parliament of payday lenders.