The likelihood that a family will use a payday loan increases if they are unbanked, or lack access to a traditional deposit bank account. In an American context the families who will use a payday loan are disproportionately either of black or Hispanic descent, recent immigrants, and/or under-educated. These individuals are least able to secure normal, lower-interest-rate forms of credit. Since payday lending operations charge higher interest-rates than traditional banks, they have the effect of depleting the assets of low-income communities. The Insight Center, a consumer advocacy group, reported in 2013 that payday lending cost U.S communities $774 million a year.
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Jump up ^ $15 on $100 over 14 days is ratio of 15/100 = 0.15, so this is a 14-day rate. Over a year (365.25 days) this 14-day rate can aggregate to either 391% (assuming you carry the $100 loan for a year, and pay $15 every 14 days: 0.15 x (365.25/14) = 3.91, which converts to a percentage increase (interest rate) of: 3.91 x 100 = 391%) or 3733% (assuming you take out a new loan every 14 days that will cover your principal and “charge”, and every new loan is taken at same 15% “charge” of the amount borrowed: (1 + 0.15)365.25/14 − 1 = 37.33, which converts to a percentage increase (interest rate) of: 37.33 x 100 = 3733%).
So we are left with at least two questions, I guess. Number one: how legitimate is any of the payday-loan research we’ve been telling you about today, pro or con? And number two: how skeptical should we be of any academic research?
Ivy Brodsky, 37, thought she had figured out a way to stop six payday lenders from taking money from her account when she visited her Chase branch in Brighton Beach in Brooklyn in March to close it. But Chase kept the account open and between April and May, the six Internet lenders tried to withdraw money from Ms. Brodsky’s account 55 times, according to bank records reviewed by The New York Times. Chase charged her $1,523 in fees — a combination of 44 insufficient fund fees, extended overdraft fees and service fees.
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While there are no exact measures of how many lenders have migrated online, roughly three million Americans obtained an Internet payday loan in 2010, according to a July report by the Pew Charitable Trusts. By 2016, Internet loans will make up roughly 60 percent of the total payday loans, up from about 35 percent in 2011, according to John Hecht, an analyst with the investment bank Stephens Inc. As of 2011, he said, the volume of online payday loans was $13 billion, up more than 120 percent from $5.8 billion in 2006.
Comparatively the profit margin of Starbucks for the measured time period was just over 9%, and comparison lenders had an average profit margin of 13.04%. These comparison lenders were mainstream companies: Capital One, GE Capital, HSBC, Money Tree, and American Express Credit.
A payday loan (also called a payday advance, salary loan, payroll loan, small dollar loan, short term, or cash advance loan) is a small, short-term unsecured loan, “regardless of whether repayment of loans is linked to a borrower’s payday.” The loans are also sometimes referred to as “cash advances,” though that term can also refer to cash provided against a prearranged line of credit such as a credit card. Payday advance loans rely on the consumer having previous payroll and employment records. Legislation regarding payday loans varies widely between different countries, and in federal systems, between different states or provinces.
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:
We take pride on quickly finding you a lender . You only need to fill out a short form and then wait while we will make everything to find you the cheapest payday loan online.. After your loan is approved, you will be contacted with a lender to review the terms of the loan, and if accepted, the funds will be deposited directly into your bank account!
*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
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.
Perhaps you know all this already—certainly, an assuredly mainstream backlash has been building. Last spring, President Obama weighed in, saying, “While payday loans might seem like easy money, folks often end up trapped in a cycle of debt.” The comedian Sarah Silverman, in a Last Week Tonight With John Oliver skit, put things more directly: “If you’re considering taking out a payday loan, I’d like to tell you about a great alternative. It’s called ‘AnythingElse.’ ” Now the Consumer Financial Protection Bureau, the agency created at the urging of Senator Elizabeth Warren in the wake of the 2008 financial crisis, is trying to set new rules for short-term, small-dollar lenders. Payday lenders say the rules may put them out of business.
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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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.
WERTH: It’s hard to say. Actually, we just don’t know. But whatever their incentive might be, their FOIA requests have produced what look like some pretty damning e-mails between CCRF — which, again, receives funding from payday lenders — and academic researchers who have written about payday lending.
And yet the fringe has gotten awfully large. The typical payday-lending customer, according to the Pew Charitable Trusts, is a white woman age 25 to 44. Payday lenders serve more than 19 million American households—nearly one in six—according to the Community Financial Services Association of America, the industry’s trade group. And even that’s only a fraction of those who could become customers any day now. The group’s CEO, Dennis Shaul, told Congress in February that as many as 76 percent of Americans live paycheck to paycheck, without the resources to cover unexpected expenses. Or, as an online lender called Elevate Credit, which offers small loans that often have triple-digit annualized interest rates, put it in a recent financial filing, “Decades-long macroeconomic trends and the recent financial crisis have resulted in a growing ‘New Middle Class’ with little to no savings, urgent credit needs and limited options.”
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.
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?
MANN: The data actually suggest that there’s a relatively small group of borrowers, in the range of 10 to 15 percent, who had been extremely heavy users, whose predictions are really bad. And I think that group of people seems to fundamentally not understand their financial situation.
High cost payday lending is authorized by state laws or regulations in thirty-two states. Fifteen states and the District of Columbia protect their borrowers from high-cost payday lending with reasonable small loan rate caps or other prohibitions. Three states set lower rate caps or longer terms for somewhat less expensive loans. Online payday lenders are generally subject to the state licensing laws and rate caps of the state where the borrower receives the loan. For more information, click on Legal Status of Payday Loans by State.
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.
“Say, don’t you know this business is a blessing to the poor?” So said Frank Jay Mackey, who was known as the king of the loan sharks in Chicago at the turn of the 20th century, according to Quick Cash, a book about the industry by Robert Mayer, a political-science professor at Loyola University Chicago. There are many parallels between the early-20th-century loan sharks and today’s payday lenders, including the fact that both sprang up at times when the income divide was growing. Back then the loans were illegal, because states had usury caps that prevented lending at rates much higher than single digits. Still, those illegal loans were far cheaper than today’s legal ones. “At the turn of the twentieth century, 20% a month was a scandal,” Mayer writes. “Today, the average payday loan is twice as expensive as that.”
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** Customers in good standing may qualify for a reduction in annual percentage rate (“APR”). Installment Loan Customers: In order to be eligible, you must continue to meet RISE’s credit criteria, and we will evaluate the stability of your personal information and identity for each new loan. If eligibility requirements are met and you make 24 successful, on-time monthly payments (48 bi-weekly payments), the APR for your next loan will be 50% off your original loan’s APR (excluding customers with starting rates of less than 75%). Additionally, if you continue to meet eligibility requirements and you make 36 successful, on-time monthly payments (72 bi-weekly payments), you will qualify for a 36% APR for your next loan. Note that it may take two or more loans to reach 36% APR. (In Mississippi, if you make 24 monthly payments (48 bi-weekly payments), the monthly handling charge for your next loan will be 50% off (excluding customers with starting rates of less than 75%). And, if you make 36 monthly payments (72 bi-weekly payments), you qualify for a monthly handling charge of 3% for your next loan with RISE. Note that it may take two or more loans to reach a 3% monthly handling charge.) This does not apply to Line of Credit customers.
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.
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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.”
STANDAERT: These payday loans cost borrowers hundreds of dollars for what is marketed as a small loan. And the Center for Responsible Lending has estimated that payday loan fees drain over $3.4 billion a year from low-income consumers stuck in the payday-loan debt trap.
It may not even surprise you to learn that the Center for Responsible Lending — the non-profit that’s fighting predatory lending — that it was founded by a credit union, the Self-Help Credit Union, which would likely stand to benefit from the elimination of payday loans. And that among the Center’s many funders are banks and other mainstream financial institutions.
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.
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.
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Congress had been so concerned about the effects of payday loans that in 2006 it passed the Military Lending Act, which, among other things, capped the interest rate that payday lenders can charge active personnel and their dependents at 36 percent nationwide. So what happened next? You guessed it. A lot of the payday loan shops near military bases closed down.
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