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.
Cash advances in Texas are made by Integrity Funding Texas Limited Partnership or NCP Finance Limited Partnership. Credit approval is subject to the applicable lender’s credit standards. Actual loan terms (including maximum advance amount) may vary by applicant. Additional fees may apply if not repaid as agreed. Each lender requires certain supporting documentation with each new application. Complete disclosures of APR, fees, and payment terms are provided with each advance and are available from the lenders. For cash advances in Texas, applicant must retain Check ‘n Go as a credit services organization.
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.”
WERTH: So far, so good. But I think we should mention two things here: one, Fusaro had a co-author on the paper. Her name is Patricia Cirillo; she’s the president of a company called Cypress Research, which, by the way, is the same survey firm that produced data for the paper you mentioned earlier, about how payday borrowers are pretty good at predicting when they’ll be able to pay back their loans. And the other point, two, there was a long chain of e-mails between Marc Fusaro, the academic researcher here, and CCRF. And what they show is they certainly look like editorial interference.
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.)
The French philosopher Alain Finkielkraut, the son of Holocaust survivors, is an accomplished, even gifted, pessimist. To his disciples, he is a Jewish Zola, accusing France’s bien-pensant intellectual class of complicity in its own suicide. To his foes, he is a reactionary whose nostalgia for a fairy-tale French past is induced by an irrational fear of Muslims. Finkielkraut’s cast of mind is generally dark, but when we met in Paris in early January, two days after the Charlie Hebdo massacre, he was positively grim.
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Our latest Freakonomics Radio episode is called “Are Payday Loans Really as Evil as People Say?” (You can subscribe to the podcast at iTunes or elsewhere, get the RSS feed, or listen via the media player above.)
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.”
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.
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In the traditional retail model, borrowers visit a payday lending store and secure a small cash loan, with payment due in full at the borrower’s next paycheck. The borrower writes a postdated check to the lender in the full amount of the loan plus fees. On the maturity date, the borrower is expected to return to the store to repay the loan in person. If the borrower does not repay the loan in person, the lender may redeem the check. If the account is short on funds to cover the check, the borrower may now face a bounced check fee from their bank in addition to the costs of the loan, and the loan may incur additional fees or an increased interest rate (or both) as a result of the failure to pay.
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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.
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:
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Cash advances are another short-term loan option that can help bridge the gap until payday arrives. You can apply in minutes and, upon approval, the funds from your cash advance are deposited in your account as soon as the next business day.
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.
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.
It begins like this: “Except for the ten to twelve million people who use them every year, just about everybody hates payday loans. Their detractors include many law professors, consumer advocates, members of the clergy, journalists, policymakers, and even the President! But is all the enmity justified?”
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).
Elizabeth Warren has endorsed the idea of the Postal Service partnering with banks to offer short-term loans. But even some fellow opponents of payday lending think that’s unfeasible. In a New York Times op-ed last fall, Frederick Wherry, a sociology professor at Yale, pointed out that doing this would require the Postal Service to have a whole new infrastructure, and its employees a whole new skill set. Another alternative would seem to be online companies, because they don’t have the storefront overhead. But they may have difficulty managing consumer fraud, and are themselves difficult to police, so they may at times evade state caps on interest rates. So far, the rates charged by many Internet lenders seem to be higher, not lower, than those charged by traditional lenders. (Elevate Credit, which says it has a sophisticated, technology-based way of underwriting loans, brags that its loans for the “new middle class” are half the cost of typical payday loans—but it is selective in its lending, and still charges about 200 percent annually.) Promising out-of-the-box ideas, in other words, are in short supply.
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.
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DUBNER: Hey Christopher. So, as I understand it, much of what you’ve learned about CCRF’s involvement in the payday research comes from a watchdog group called the Campaign for Accountability, or CFA? So, first off, tell us a little bit more about them, and what their incentives might be.
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.
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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.
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.
Payday loans are short-term cash loans based on the borrower’s personal check held for future deposit or on electronic access to the borrower’s bank account. Borrowers write a personal check for the amount borrowed plus the finance charge and receive cash. In some cases, borrowers sign over electronic access to their bank accounts to receive and repay payday loans.
Monthly Payday Installment Loans
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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.
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