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.
CFPB found that 80 percent of payday borrowers tracked over ten months rolled over or reborrowed loans within 30 days. Borrowers default on one in five payday loans. Online borrowers fare worse. CFPB found that more than half of all online payday instalment loan sequences default.
Along with reforming payday lending, Cordray is trying to jawbone banks and credit unions into offering small-dollar, payday-like loans. Theoretically, they could use their preexisting branches, mitigating the overhead costs that affect payday stores and hence enabling profitable lending at a much lower rate. This is the holy grail for consumer advocates. “What everyone really wants to see is for it to come into the mainstream of financial services if it’s going to exist at all,” Cox says.
So, given this fact, how should one think about the industry? Is it treacherous enough that it should be eliminated? Or, is it a useful, if relatively expensive, financial product that the majority of customers benefit from?
Below is a transcript of the episode, modified for your reading pleasure. For more information on the people and ideas in the episode, see the links at the bottom of this post. And you’ll find credits for the music in the episode noted within the transcript.
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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Perhaps a solution of sorts—something that is better, but not perfect—could come from more-modest reforms to the payday-lending industry, rather than attempts to transform it. There is some evidence that smart regulation can improve the business for both lenders and consumers. In 2010, Colorado reformed its payday-lending industry by reducing the permissible fees, extending the minimum term of a loan to six months, and requiring that a loan be repayable over time, instead of coming due all at once. Pew reports that half of the payday stores in Colorado closed, but each remaining store almost doubled its customer volume, and now payday borrowers are paying 42 percent less in fees and defaulting less frequently, with no reduction in access to credit. “There’s been a debate for 20 years about whether to allow payday lending or not,” says Pew’s Alex Horowitz. “Colorado demonstrates it can be much, much better.”
A second benefit of working with LendUp is that we strive to make all the details of our loans clear and understandable. You won’t ever pay hidden fees when you borrow from us. We’re licensed in every state we operate, and we work hard to protect you and your information. We won’t sell or provide your information to private third parties unless you specifically authorize us to do so.
And yet it is surprisingly difficult to condemn the business wholesale. Emergency credit can be a lifeline, after all. And while stories about the payday-lending industry’s individual victims are horrible, the research on its effect at a more macro level is limited and highly ambiguous. One study shows that payday lending makes local communities more resilient; another says it increases personal bankruptcies; and so on.
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.
That makes plenty of sense in theory. Payday lending in its most unfettered form seems to be ideal for neither consumers nor lenders. As Luigi Zingales, a professor at the University of Chicago, told a group of finance professionals in a speech last year, “The efficient outcome cannot be achieved without mandatory regulation.” One controversy is whether the bureau, in its zeal to protect consumers, is going too far. Under the plan it is now considering, lenders would have to make sure that borrowers can repay their loans and cover other living expenses without extensive defaults or reborrowing. These actions would indeed seem to curtail the possibility of people falling into debt traps with payday lenders. But the industry argues that the rules would put it out of business. And while a self-serving howl of pain is precisely what you’d expect from any industry under government fire, this appears, based on the business model, to be true—not only would the regulations eliminate the very loans from which the industry makes its money, but they would also introduce significant new underwriting expenses on every loan.
If you have concerns about taking a payday loan, don’t worry. Check ‘n Go is an industry leader and a founding member of the Community Financial Services Association, which promotes responsible lending practices and monitors consumer protection. And we’ll be here for you every step of the process. Our customer service representatives are ready to help when you need it.
The Twisted economics of payday lending can’t be separated from its predatory nature. The industry has always insisted that its products are intended only for short-term emergency use and that it doesn’t encourage repeat borrowing—the debt trap. “This is like the tobacco industry saying that smoking doesn’t cause cancer,” says Sheila Bair, the former chair of the Federal Deposit Insurance Corporation. Study after study has found that repeat borrowing accounts for a large share of the industry’s revenues. Flannery and Samolyk found that “high per-customer loan volume” helps payday lenders cover their overhead and offset defaults. At a financial-services event in 2007, Daniel Feehan, then the CEO of the payday lender Cash America, said, according to multiple reports (here and here), “The theory in the business is you’ve got to get that customer in, work to turn him into a repetitive customer, long-term customer, because that’s really where the profitability is.”
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.
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.
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.
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
Advance America is a fully-licensed financial services company, helping millions of customers every year with personal loans like payday loans, title loans, and installment loans. We’re here for you online or in over 2,000 stores nationwide.
Race Matters: The Concentration of Payday Lenders in African-American Neighborhoods in North Carolina, by Uriah King, Wei Li, Delvin Davis and Keith Ernst, The Center for Responsible Lending (March, 2005).
DeYOUNG: Right now, there’s very very little information on rollovers, the reasons for rollovers, and the effects of rollovers. And without academic research, the regulation is going to be based on who shouts the loudest. And that’s a really bad way to write law or regulation. That’s what I really worry about. If I could advocate a solution to this, it would be: identify the number of rollovers at which it’s been revealed that the borrower is in trouble and is being irresponsible and this is the wrong product for them. At that point the payday lender doesn’t flip the borrower into another loan, doesn’t encourage the borrower to find another payday lender. At that point the lender’s principal is then switched over into a different product, a longer term loan where he or she pays it off a little bit each month.
Ms. Baptiste said she asked Chase to revoke the automatic withdrawals in October 2011, but was told that she had to ask the lenders instead. In one month, her bank records show, the lenders tried to take money from her account at least six times. Chase charged her $812 in fees and deducted over $600 from her child-support payments to cover them.
Now the Online Lenders Alliance, a trade group, is backing legislation that would grant a federal charter for payday lenders. In supporting the bill, Lisa McGreevy, the group’s chief executive, said: “A federal charter, as opposed to the current conflicting state regulatory schemes, will establish one clear set of rules for lenders to follow.”
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.
ZINMAN: And what we found matching that data on job performance and job readiness supports the Pentagon’s hypothesis. We found that as payday loan access increases, servicemen job performance evaluations decline. And we see that sanctions for severely poor readiness increase as payday-loan access increases, as the spigot gets turned on. So that’s a study that very much supports the anti-payday lending camp.
Jump up ^ Choplin, Jessica; Stark, Debra; Ahmad, Jasmine (2011). “A Psychological Investigation of Consumer Vulnerability to Fraud: Legal and Policy Implication”. Hein Online. pp. 61–108. Retrieved 2017-12-09.
FULMER: If you associate the cost of paying our rent to our local landlords, paying our light bill and electrical fees, paying our other fees to local merchants who provide services to us, we operate on a relatively thin margin.
While the banks, which include giants like JPMorgan Chase, Bank of America and Wells Fargo, do not make the loans, they are a critical link for the lenders, enabling the lenders to withdraw payments automatically from borrowers’ bank accounts, even in states where the loans are banned entirely. In some cases, the banks allow lenders to tap checking accounts even after the customers have begged them to stop the withdrawals.
Check `n Go currently operates online in: Alabama, California, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Maine, Michigan, Mississippi, Missouri, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Texas, Utah, Wisconsin, and Wyoming.
When Britain threw out 23 Russian diplomats in response to an assassination attempt on Russian agent Sergei Skripal, Vladimir Putin, the president of Russia and current bad boy of modern geopolitics, shrugged it off. With relations between London and Moscow so strained, the embassy didn’t have all that much to do, anyway. The cost, Putin no doubt felt, was predictable and bearable. Then on Monday, 20 additional countries, from Albania to Ukraine, joined in a coordinated expulsion campaign, with the United States accounting for 60 of the Russians sent packing. On Tuesday, NATO announced it would expel seven Russian diplomats in response to the poisoning. Suddenly, the Kremlin isn’t looking quite so comfortable. With the Skripal hit, it looks as if Putin may have finally overreached.
There are a variety of loan types available to you with Snappy Payday Loans. The following are some of the more common types of loan products offered: Payday Loans, Installment Loans, Lines of Credit, Revolving Credit Plans. Once you select the state you reside in, you will be notified of the type of loan products available. As always, please review your loan documents carefully before you sign to ensure you understand the type of loan and terms being offered. Loans types and terms will vary by state law.
Proponents of minimal regulations for payday loan businesses argue that some individuals that require the use of payday loans have already exhausted other alternatives. Such consumers could potentially be forced to illegal sources if not for payday loans. Tom Lehman, an advocate of payday lending, said:
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You never know when unexpected issues and expenses may arise. So, with many years of experience in online payday loans under our belt, we at CashOne are always there to help you in dealing with a financial crisis with payday loans online. We pay special attention to our customer requirements and pride ourselves by trying to match you to one of our highly qualified lenders the same day you apply for payday loans and payday loans online. Usually within minutes of completing an application you will know if you were approved and be contacted by the approving lender.
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It’s a fact of life – you never know what’s going to happen next. When car repairs or some unplanned expense leaves you short, think Check `n Go. We’re here if you need a payday loan or installment loan in Texas.
FULMER: We have to wait for the final proposal rules to come out. But where they appear to be going is down a path that would simply eliminate a product instead of reforming the industry or better regulating the industry.
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.
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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.
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.
It’s important that you realize cash loans are designed to fulfill your short-term financial needs and should never be used as a regular or long-term lending source. With that in mind, you should only apply to borrow what you can comfortably repay by your next paycheck. Make sure that you factor in your regular bills such as rent, food, and utilities when making your calculation. Cashloan.net is interested in helping you meet your financial emergency, but we are not interested in perpetuating your debt.
Zinman and Carrell got hold of personnel data from U.S. Air Force bases across many states that looked at job performance and military readiness. Like the Oregon-Washington study, this one also took advantage of changes in different states’ payday laws, which allowed the researchers to isolate that variable and then compare outcomes.
DeYOUNG: Borrowing money is like renting money. You get to use it two weeks and then you pay it back. You could rent a car for two weeks, right? You get to use that car. Well, if you calculate the annual percentage rate on that car rental — meaning that if you divide the amount you pay on that car by the value of that automobile — you get similarly high rates. So this isn’t about interest. This is about short-term use of a product that’s been lent to you. This is just arithmetic.
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.”
The Military Lending Act Five Years Later: Impact on Servicemembers, the High-Cost Small Dollar Loan Market, and the Campaign against Predatory Lending, by Jean Ann Fox, Consumer Federation of America, (May, 2012).
Except to the extent the federal Truth-In-Lending Act considers your written ACH authorization “security” for the deferred deposit transaction, we take no collateral to secure the transaction. For example, we do not take a security interest in any real estate or personal property item.
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