“If this legislative session is like last session, payday lenders will likely be pushing more of their dangerous bills in more states,” said CRL’s State Policy Director Diane Standaert in a statement. “States, just as they all did last year, must reject these efforts by the payday lenders to increase the types of the predatory products they’re peddling” by enacting and maintaining existing rate caps.
Now, however, the storefront-payday-lending industry is embattled. In 2006, after much outcry about the upcropping of payday lenders near military bases, Congress passed a law capping at 36 percent the annualized rate that lenders could charge members of the military. In response to pressure from consumer advocates, many states have begun trying to rein in the industry, through either regulation or outright bans. Lenders have excelled at finding loopholes in these regulations. Still, according to Pew, the number of states in which payday lenders operate has fallen from a peak of 44 in 2004 to 36 this year. Nationwide, according to the Center for Financial Services Innovation, “single-payment credit”—so named because the amount borrowed is due in one lump sum—barely grew from 2012 to 2014.
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.
The President was promoting some proposed new rules from the Consumer Financial Protection Bureau that would change how payday lenders operate, or perhaps put them out of business. Which, if payday lenders are as nasty as the President makes them sound, is a good thing, isn’t it? Isn’t it?
Be aware that some payday lenders have threatened garnishment in order to get borrowers to pay, even though they do not have a court order or judgment. If that should occur, you may want to seek legal assistance.
MANN: If your prior is that none of the people using this product would do it if they actually understood what was going on — well, that just doesn’t seem to be right because the data at least suggests that most people do have a fairly good understanding of what’s going to happen to them.
There is a long and often twisted history of industries co-opting scientists and other academic researchers to produce findings that make their industries look safer or more reliable or otherwise better than they really are. Whenever we talk about academic research on this show — which is pretty much every week — we do try to show the provenance of that research and establish how legitimate it is. The best first step in figuring that out is to ask what kind of incentives are at play. But even that is only one step.
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DUBNER: Wowzer. That does sound pretty damning — that the head of a research group funded by payday lenders is essentially ghostwriting parts of an academic paper that happens to reach pro-payday lending conclusions. Were you able to speak with Marc Fusaro, the author of the paper?
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This is not true. A creditor cannot put you in jail. Only Prosecutors or U.S. Attorneys can pursue you if they believe that you have committed a crime. However, virtually every Prosecutor knows that not paying a pay day loan is not a crime and will not even attempt to prosecute you. In fact, most payday lenders know that Prosecutors have no time for a pay day lender using the state’s offices to collect their debt and crazy interest rates and will not even contact them. They will threaten to contact them in an attempt to scare you into paying. I have even seen Payday lenders lie and state that they are “Investigator Jones” in order to scare a debtor into paying a debt. Don’t let them scare you. It is not a crime to not pay a pay day loan.
So in the state that didn’t pass it, payday lending went on as before. And this let Zinman compare data from the two states to see what happens, if anything, when payday-loan shops go away. He looked at data on bank overdrafts, and late bill payments and employment; he looked at survey data on whether people considered themselves better or worse off without access to payday loans.
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
You don’t have to worry about any embarrassing phone calls to your employer; LendUp does not call them. Take the five minutes to put in an application online or using a mobile device and you could have money in as few as within one business day. LendUp can’t guarantee receipt of your funds within a certain timeframe, though, because although we initiate a transfer of money to you, your bank controls when you’ll have access to it.
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.)
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.
Lenders are within their rights to file reports with the three major credit bureaus—Experian, Equifax and Transunion—if you fail to repay your loan. This negative remark will lower your credit score and may make it impossible for you to obtain short term loans or other forms of credit in the future. However, once you have repaid your debt to your lender in full, this will be reported to the credit agencies and the negative remark will be removed from your credit history.
Online payday loans can be the right solution to your short-term financial troubles because they are easily obtained and easily repaid, and the costs associated with them are highly comparable to other forms of credit as long as they are repaid on time. Bad credit or no credit are also welcomed to try to get matched with a lender.
For a Check ‘n Go online loan the minimum loan term is 10 days and the maximum loan term is 31 days. For a Check ‘n Go store location the minimum loan term is 5 days and the maximum loan term is 31 days.
Wage garnishment happens when your employer holds back a legally required portion of your wages for your debts. Bank garnishment occurs when your bank or credit union is served with a garnishment order. The bank or credit union then holds an amount for the payday lender or collector as allowed by your state law. Each state will have different procedures, as well as exemptions from garnishment, that apply to both the wage and bank garnishment process. For example, under federal law certain benefits or payments are generally exempt from garnishment.
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?
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.
“Payday lending brings up this meta issue,” says Prentiss Cox, a professor at the University of Minnesota’s law school and a member of the consumer advisory board at the bureau: “What should consumer protection be?” If most payday-lending customers ultimately need to fall back on financial support from family members, or on bankruptcy, then perhaps the industry should be eliminated, because it merely makes the inevitable more painful. Yet some consumers do use payday loans just as the industry markets them—as a short-term emergency source of cash, one that won’t be there if the payday-lending industry goes away. The argument that payday lending shouldn’t exist would be easy if there were widespread, affordable sources of small-dollar loans. But thus far, there are not.
Payday lending works like this: In exchange for a small loan—the average amount borrowed is about $350—a customer agrees to pay a single flat fee, typically in the vicinity of $15 per $100 borrowed. For a two-week loan, that can equate to an annualized rate of almost 400 percent. The entire amount—the fee plus the sum that was borrowed—is generally due all at once, at the end of the term. (Borrowers give the lender access to their bank account when they take out the loan.) But because many borrowers can’t pay it all back at once, they roll the loan into a new one, and end up in what the industry’s many critics call a debt trap, with gargantuan fees piling up. As Mehrsa Baradaran, an associate professor at the University of Georgia’s law school, puts it in her new book, How the Other Half Banks, “One of the great ironies in modern America is that the less money you have, the more you pay to use it.”
Later on, the payday lenders gave Mann the data that showed how long it actually took those exact customers to pay off their loans. About 60 percent of them paid off the loan within 14 days of the date they’d predicted.
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.
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.
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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In early 1967, on vacation in Jamaica, King; his wife, Coretta; and two aides rented a house with no telephone. There he wrote the first draft of a book, Where Do We Go From Here: Chaos or Community?, which described the opportunities for—and obstacles to—eradicating poverty at last. (Coretta wrote the foreword.) In this excerpt from the published book, King predicted that white resistance to racial equality would stiffen when the agenda moved on to far-costlier measures—improvements in jobs, schools, and housing.
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.
Payday loans are legal in 27 states, and 9 others allows some form of short term storefront lending with restrictions. The remaining 14 and the District of Columbia forbid the practice. The annual percentage rate (APR) is also limited in some jurisdictions to prevent usury. And in some states, there are laws limiting the number of loans a borrower can take at a single time.
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.
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