Fringe financial services is the label sometimes applied to payday lending and its close cousins, like installment lending and auto-title lending—services that provide quick cash to credit-strapped borrowers. It’s a euphemism, sure, but one that seems to aptly convey the dubiousness of the activity and the location of the customer outside the mainstream of American life.
A report from the Federal Reserve Bank of New York concluded that, “We … test whether payday lending fits our definition of predatory. We find that in states with higher payday loan limits, less educated households and households with uncertain income are less likely to be denied credit, but are not more likely to miss a debt payment. Absent higher delinquency, the extra credit from payday lenders does not fit our definition of predatory.”[23] The caveat to this is that with a term of under 30 days there are no payments, and the lender is more than willing to roll the loan over at the end of the period upon payment of another fee. The report goes on to note that payday loans are extremely expensive, and borrowers who take a payday loan are at a disadvantage in comparison to the lender, a reversal of the normal consumer lending information asymmetry, where the lender must underwrite the loan to assess creditworthiness.
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.
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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.
That does sound reasonable, doesn’t it? A typical credit-card rate is around 15 percent, maybe 20 or higher if you have bad credit. But to the payday-loan industry, a proposed cap of 36 percent is not reasonable at all.
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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.
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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.
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.
There’s one more thing I want to add to today’s discussion. The payday-loan industry is, in a lot of ways, an easy target. But the more I think about it, the more it seems like a symptom of a much larger problem, which is this: remember, in order to get a payday loan, you need to have a job and a bank account. So what does it say about an economy in which millions of working people make so little money that they can’t pay their phone bills, that they can’t absorb one hit like a ticket for smoking in public?
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.
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Jonathan Zinman is a professor of economics at Dartmouth College. Zinman says that a number of studies have tried to answer the benchmark question of whether payday lending is essentially a benefit to society. Some studies say yes …
A staff report released by the Federal Reserve Bank of New York concluded that payday loans should not be categorized as “predatory” since they may improve household welfare.[44] “Defining and Detecting Predatory Lending” reports “if payday lenders raise household welfare by relaxing credit constraints, anti-predatory legislation may lower it.” The author of the report, Donald P. Morgan, defined predatory lending as “a welfare reducing provision of credit.” However, he also noted that the loans are very expensive, and that they are likely to be made to under-educated households or households of uncertain income.
RONALD MANN: I have a general idea that people that are really tight for money know a lot more where their next dollar is coming from and going than the people that are not particularly tight for money. So, I generally think that the kinds of people that borrow from payday lenders have a much better idea of how their finances are going to go for the next two or three months because it’s really a crucial item for them that they worry about every day. So that’s what I set out to test.
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.
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DUBNER: Well, here’s what seems to me, at least, the puzzle, which is that repeat rollovers — which represent a relatively small number of the borrowers and are a problem for those borrowers — but it sounds as though those repeat rollovers are the source of a lot of the lender’s profits. So, if you were to eliminate the biggest problem from the consumer’s side, wouldn’t that remove the profit motive from the lender’s side, maybe kill the industry?
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Other options are available to most payday loan customers.[78] These include pawnbrokers, credit union loans with lower interest and more stringent terms which take longer to gain approval,[79] employee access to earned but unpaid wages,[80][81][82][83][84][85] credit payment plans, paycheck cash advances from employers (“advance on salary”), auto pawn loans, bank overdraft protection, cash advances from credit cards, emergency community assistance plans, small consumer loans, installment loans and direct loans from family or friends. The Pew Charitable Trusts found in 2013 their study on the ways in which users pay off payday loans that borrowers often took a payday loan to avoid one of these alternatives, only to turn to one of them to pay off the payday loan.[86]
The loan agreement is governed by the California Deferred Deposit Transaction Law. Lender is licensed by the California Department of Business Oversight pursuant to the California Deferred Deposit Transaction Law. Questions or complaints should be directed to the California Department of Business Oversight.
A version of this article appears in print on February 24, 2013, on Page A1 of the New York edition with the headline: Major Banks Aid In Payday Loans Banned By States. Order Reprints| Today’s Paper|Subscribe
WERTH: He was communicating with CCRF’s chairman, a lawyer named Hilary Miller. He’s the president of the Payday Loan Bar Association. And he’s testified before Congress on behalf of payday lenders. And as you can see in the e-mails between him and Fusaro, again the professor here, Miller was not only reading drafts of the paper but he was making all kinds of suggestions about the paper’s structure, its tone, its content. And eventually what you see is Miller writing whole paragraphs that go pretty much verbatim straight into the finished paper.
For the banks, it can be a lucrative partnership. At first blush, processing automatic withdrawals hardly seems like a source of profit. But many customers are already on shaky financial footing. The withdrawals often set off a cascade of fees from problems like overdrafts. Roughly 27 percent of payday loan borrowers say that the loans caused them to overdraw their accounts, according to a report released this month by the Pew Charitable Trusts. That fee income is coveted, given that financial regulations limiting fees on debit and credit cards have cost banks billions of dollars.