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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.
Now, we should say, that when you’re an academic studying a particular industry, often the only way to get the data is from the industry itself. It’s a common practice. But, as Zinman noted in his paper, as the researcher you draw the line at letting the industry or industry advocates influence the findings. But as our producer Christopher Werth learned, that doesn’t always seem to have been the case with payday-lending research and the Consumer Credit Research Foundation, or CCRF.
Many of the lenders in our network stick with in-house debt collection practices rather than selling your debt to an outside collection agency, and they will never sue you or threaten criminal charges against you. Your lender may attempt to collect your debt via email, postal mail, telephone, or text message, and they may offer you a settlement so that you can repay your debt over time. All of our lenders are required to adhere to the Fair Debt Collection Practices Act which protects you from harassment. You can contact your lender for more information about its specific policies.
On the critic side right now are the Center for Responsible Lending, who advocates a 36 percent cap on payday lending, which we know puts the industry out of business. The CFPB’s proposed policy is to require payday lenders to collect more information at the point of contact and that’s one of the expenses that if avoided allows payday lenders to actually be profitable, deliver the product. Now that’s, that’s not the only plank in the CFPB’s platform. They advocate limiting rollovers and cooling-off periods and the research does point out that in states where rollovers are limited, payday lenders have gotten around them by paying the loan off by refinancing. Just starting a separate loan with a separate loan number, evading the regulation. Of course that’s a regulation that was poorly written, if the payday lenders can evade it that easily.
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Some other academic research we’ve mentioned today does acknowledge the role of CCRF in providing industry data — like Jonathan Zinman’s paper which showed that people suffered from the disappearance of payday-loan shops in Oregon. Here’s what Zinman writes in an author’s note: “Thanks to Consumer Credit Research Foundation (CCRF) for providing household survey data. CCRF is a non-profit organization, funded by payday lenders, with the mission of funding objective research. CCRF did not exercise any editorial control over this paper.”
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.
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.
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DEYOUNG: That’s a very standard disclaimer. The Federal Reserve System is rather unique among regulators across the world. They see the value in having their researchers exercise scientific and academic freedom because they know that inquiry is a good thing.
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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.
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?
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 another study, by Gregory Elliehausen, Division of Research of the Federal Reserve System and Financial Services Research Program at the George Washington University School of Business, 41% earn between $25,000 and $50,000, and 39% report incomes of $40,000 or more. 18% have an income below $25,000.
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.
For half a century, memories of the Holocaust limited anti-Semitism on the Continent. That period has ended—the recent fatal attacks in Paris and Copenhagen are merely the latest examples of rising violence against Jews. Renewed vitriol among right-wing fascists and new threats from radicalized Islamists have created a crisis, confronting Jews with an agonizing choice.
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
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.
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?
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DEYOUNG: Well, I don’t know what the president would buy. You know, we have a problem in society right now, it’s getting worse and worse, is we go to loggerheads and we’re very bad at finding solutions that satisfy both sides, and I think this is a solution that does satisfy both sides, or could at least satisfy both sides. It keeps the industry operating for folks who value the product. On the other hand it identifies folks using it incorrectly and allows them to get out without you know being further trapped.
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.
A minority of mainstream banks and TxtLoan companies lending short-term credit over mobile phone text messaging offer virtual credit advances for customers whose paychecks or other funds are deposited electronically into their accounts. The terms are similar to those of a payday loan; a customer receives a predetermined cash credit available for immediate withdrawal. The amount is deducted, along with a fee, usually about 10 percent of the amount borrowed, when the next direct deposit is posted to the customer’s account. After the programs attracted regulatory attention, Wells Fargo called its fee “voluntary” and offered to waive it for any reason. It later scaled back the program in several states. Wells Fargo currently offers its version of a payday loan, called “Direct Deposit Advance,” which charges 120% APR. Similarly, the BBC reported in 2010 that controversial TxtLoan charges 10% for 7-days advance which is available for approved customers instantly over a text message.
Lenders hold the checks until the borrower’s next payday when loans and the finance charge must be paid in one lump sum. To pay a loan, borrowers can redeem the check by paying the loan with cash, allow the check to be deposited at the bank, or just pay the finance charge to roll the loan over for another pay period. Some payday lenders also offer longer-term payday instalment loans and request authorization to electronically withdraw multiple payments from the borrower’s bank account, typically due on each pay date. Payday loans range in size from $100 to $1,000, depending on state legal maximums. The average loan term is about two weeks. Loans typically cost 400% annual interest (APR) or more. The finance charge ranges from $15 to $30 to borrow $100. For two-week loans, these finance charges result in interest rates from 390 to 780% APR. Shorter term loans have even higher APRs. Rates are higher in states that do not cap the maximum cost.
The payday lenders in our network require that you are at least 18 years of age, maintain a regular source of income, and have a direct deposit system set up with your local bank. If you meet the loan qualifications of the lender, you may be on your way to getting the cash you need – get started with us today!!
A recent law journal note summarized the justifications for regulating payday lending. The summary notes that while it is difficult to quantify the impact on specific consumers, there are external parties who are clearly affected by the decision of a borrower to get a payday loan. Most directly impacted are the holders of other low interest debt from the same borrower, which now is less likely to be paid off since the limited income is first used to pay the fee associated with the payday loan. The external costs of this product can be expanded to include the businesses that are not patronized by the cash-strapped payday customer to the children and family who are left with fewer resources than before the loan. The external costs alone, forced on people given no choice in the matter, may be enough justification for stronger regulation even assuming that the borrower him or herself understood the full implications of the decision to seek a payday loan.
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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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.
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.
“For the many people that struggle to repay their payday loans every year this is a giant leap forward. From January next year, if you borrow £100 for 30 days and pay back on time, you will not pay more than £24 in fees and charges and someone taking the same loan for fourteen days will pay no more than £11.20. That’s a significant saving.