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.
WERTH: I was, and what he told me was that even though Hilary Miller was making substantial changes to the paper, CCRF did not exercise editorial control. That is, he says, he still had complete academic freedom to accept or reject Miller’s changes. Here’s Fusaro:
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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.
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DUBNER: Now, Bob, the blog post is sort of a pop version of a meta-study, which rolls up other research on different pieces of the issue. Persuade me that the studies that you cite in the post aren’t merely the biased rantings of some ultra-right-wing pro-market-at-all-costs lunatics. And I realize that at least one of the primary studies was authored by yourself, so I guess I’m asking you to prove that you are not an ultra-right-wing pro-market-at-all-costs lunatic.
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.
MCKAMEY: I got like $200 and it was just like I needed some real quick cash. There wasn’t no hesitations, no nothing. They asked me for certain pieces of information. I provided the information, and I got my loan.
It may seem inconceivable that a company couldn’t make money collecting interest at a 36 percent annual clip. One reason it’s true is that default rates are high. A study in 2007 by two economists, Mark Flannery and Katherine Samolyk, found that defaults account for more than 20 percent of operating expenses at payday-loan stores. By comparison, loan losses in 2007 at small U.S. commercial banks accounted for only 3 percent of expenses, according to the Kansas City Fed. This isn’t surprising, given that payday lenders don’t look carefully at a borrower’s income, expenses, or credit history to ensure that she can repay the loan: That underwriting process, the bedrock of conventional lending, would be ruinously expensive when applied to a $300, two-week loan. Instead, lenders count on access to the borrower’s checking account—but if that’s empty due to other withdrawals or overdrafts, it’s empty.
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.)
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.
Some of the lenders in our network participate in what is known as automatic loan renewal. Simply put, if your loan is beyond a specific amount of time past due, your lender will rollover your loan. This may be offered to you in addition to options like repaying your loan in full at a later date or repaying your debt in installments over time. The minimum term for an automatic renewal is 15 days and you will likely be required to pay renewal fees and additional interest charges.
At Cash Now online payday loans are available to customers at the click of a mouse. Whether there is an emergency situation or you just need some extra cash now and cannot wait until your next payday, an online payday loan can be a good solution for you. Signing up and requesting to be connected with an online payday lender is fast, easy and painless. Getting approved typically happens in less than 10 minutes, allowing you to withdraw your cash from your checking account as soon as the next business day.
According to a study by The Pew Charitable Trusts, “Most payday loan borrowers [in the United States] are white, female, and are 25 to 44 years old. However, after controlling for other characteristics, there are five groups that have higher odds of having used a payday loan: those without a four-year college degree; home renters; African Americans; those earning below $40,000 annually; and those who are separated or divorced.” Most borrowers use payday loans to cover ordinary living expenses over the course of months, not unexpected emergencies over the course of weeks. The average borrower is indebted about five months of the year.
In many cases, borrowers write a post-dated check (check with a future date) to the lender; if the borrowers don’t have enough money in their account by the check’s date, their check will bounce. In Texas, payday lenders are prohibited from suing a borrower for theft if the check is post-dated. One payday lender in the state instead gets their customers to write checks dated for the day the loan is given. Customers borrow money because they don’t have any, so the lender accepts the check knowing that it would bounce on the check’s date. If the borrower fails to pay on the due date, the lender sues the borrower for writing a hot check.
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A 2012 report produced by the Cato Institute found that the cost of the loans is overstated, and that payday lenders offer a product traditional lenders simply refuse to offer. However, the report is based on 40 survey responses collected at a payday storefront location. The report’s author, Victor Stango, was on the board of the Consumer Credit Research Foundation (CCRF) until 2015, an organization funded by payday lenders, and received $18,000 in payments from CCRF in 2013.
DEYOUNG: Studies that have looked at this have found that once you control for the demographics and income levels in these areas and these communities, the racial characteristics no longer drive the location decisions. As you might expect, business people don’t care what color their customers are, as long as their money’s green.
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.
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.
*Calculation: (lender fee / loan amount) x (amount of days in a year / duration of the loan) x 100 Low End Calculation: ($40 / $500) * (365 days / 14 days) x 100 = 208.57 percent High End Calculation: ($80 / $500) * (365 days / 14 days) x 100 = 417.14 percent
Worse yet, she says, borrowers have almost no choice but to roll over their loans again and again, which jacks up the fees. In fact, rollovers, Standaert says, are an essential part of the industry’s business model.
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!
“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.”
Or if you prefer to apply in person, stop by a Texas Check `n Go store near you and apply for a payday loan or an installment loan. With more than 150 Check `n Go stores across the state, chances are there’s a location near you. Our stores can be found in cities large and small – from El Paso, Houston and Austin to McAllen, Paris and Mount Pleasant. Our friendly associates will guide you through the process and answer your questions. If approved, you could receive your funds the very same day.
Before you apply, consider the primary differences between the 2 types of loans. Online Payday Loans are short-term loans of small dollar amounts usually paid back within two to four-weeks. Online Installment loans are longer-term loans that may offer you more money, plus the ability to pay it back over a longer period of time.
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.”
Prior to 2009 regulation of consumer credit was primarily conducted by the states and territories. Some states such as New South Wales and Queensland legislated effective annual interest rate caps of 48%. In 2008 the Australian states and territories referred powers of consumer credit to the Commonwealth. In 2009 the National Consumer Credit Protection Act 2009 (Cth) was introduced, which initially treated payday lenders no differently from all other lenders. In 2013 Parliament tightened regulation on the payday lending further introducing the Consumer Credit and Corporations Legislation Amendment (Enhancements) Act 2012 (Cth) which imposed an effective APR cap of 48% for all consumer credit contracts (inclusive of all fees and charges). Payday lenders who provided a loan falling within the definition of a small amount credit contract (SACC), defined as a contract provided by a non authorised-deposit taking institution for less than $2,000 for a term between 16 days and 1 year, are permitted to charge a 20% establishment fee in addition to monthly (or part thereof) fee of 4% (effective 48% p.a.). Payday lenders who provide a loan falling within the definition of a medium amount credit contract (MACC), defined as a credit contract provided by a non-deposit taking institution for between $2,000–$5,000 may charge a $400 establishment fee in addition to the statutory interest rate cap of 48%. Payday lenders are still required to comply with Responsible lending obligations applying to all creditors. Unlike other jurisdictions Australian payday lenders providing SACC or MACC products are not required to display their fees as an effective annual interest rate percentage.
ERVIN BANKS: I don’t see nothing wrong with them. I had some back bills I had to pay off. So it didn’t take me too long to pay it back — about three months, something like that. They’re beautiful people.
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The idea that interest rates should have limits goes back to the beginning of civilization. Even before money was invented, the early Babylonians set a ceiling on how much grain could be paid in interest, according to Christopher Peterson, a law professor at the University of Utah and a senior adviser at the Consumer Financial Protection Bureau: They recognized the pernicious effects of trapping a family with debt that could not be paid back. In the United States, early, illegal payday-like loans trapped many borrowers, and harassment by lenders awoke the ire of progressives. States began to pass versions of the Uniform Small Loan Law, drafted in 1916 under the supervision of Arthur Ham, the first director of the Russell Sage Foundation’s Department of Remedial Loans. Ham recognized a key truth about small, short-term loans: They are expensive for lenders to make. His model law tried to encourage legal short-term lending by capping rates at a high enough level—states determined their own ceilings, typically ranging from 36 to 42 percent a year—to enable lenders to turn a profit. This was highly controversial, but many Americans still could not secure loans at that rate; their risk of default was deemed too great. Some of them eventually turned to the mob, which grew strong during Prohibition.
The bigger problem for payday lenders is the overhead. Alex Horowitz, a research manager at the Pew Charitable Trusts, says that on average, two-thirds of the fees payday lenders collect are spent just keeping the lights on. The average storefront serves only 500 customers a year, and employee turnover is ridiculously high. For instance, QC Holdings, a publicly traded nationwide lender, reported that it had to replace approximately 65 percent of its branch-level employees in 2014. “The profits are not extraordinary,” Horowitz says. “What is extraordinary is the inefficiency.”
The banking industry says it is simply serving customers who have authorized the lenders to withdraw money from their accounts. “The industry is not in a position to monitor customer accounts to see where their payments are going,” said Virginia O’Neill, senior counsel with the American Bankers Association.
DUBNER: Obviously the history of lending is long and usually, at least in my reading, tied to religion. There’s prohibition against it in Deuteronomy and elsewhere in the Old Testament. It’s in the New Testament. In Shakespeare, the Merchant of Venice was not the hero. So, do you think that the general view of this kind of lending is colored by an emotional or moral argument too much at the expense of an economic and practical argument?
A 2009 study by University of Chicago Booth School of Business Professor Adair Morse found that in natural disaster areas where payday loans were readily available consumers fared better than those in disaster zones where payday lending was not present. Not only were fewer foreclosures recorded, but such categories as birth rate were not affected adversely by comparison. Moreover, Morse’s study found that fewer people in areas served by payday lenders were treated for drug and alcohol addiction.
In a profitability analysis by Fordham Journal of Corporate & Financial Law, it was determined that the average profit margin from seven publicly traded payday lending companies (including pawn shops) in the U.S. was 7.63%, and for pure payday lenders it was 3.57%. These averages are less than those of other traditional lending institutions such as credit unions and banks.
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.