“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.”
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. “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.
Many of the lenders in our network stick with in-house debt collection practices rather than selling your debt to an outside collection agency, and they will never sue you or threaten criminal charges against you. Your lender may attempt to collect your debt via email, postal mail, telephone, or text message, and they may offer you a settlement so that you can repay your debt over time. All of our lenders are required to adhere to the Fair Debt Collection Practices Act which protects you from harassment. You can contact your lender for more information about its specific policies.
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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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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.
DEYOUNG: Yes, I like to think of myself as an objective observer of social activity, as an economist. But there’s one section of the blog where we highlight mixed evidence. That in some cases having access to payday loans looks like on balance, it helps reduce financial distress at the household level. And we also point to, I believe, an equal number of studies in that section that find the exact opposite. And then of course there’s another section in the blog where we point directly to rollovers and rollovers is where the rubber hits the road on this. If we can somehow predict which folks will not be able to handle this product and would roll it over incessantly, then we could impress upon payday lenders not to make the loans to those people. This product, in fact, is particularly badly suited to predict this because the payday lender only gets a small number of pieces of information when she makes the loan, as opposed to the information that a regulated financial institution would collect. The expense of collecting that information, of underwriting the loan in the traditional way that a bank would, would be too high for the payday lender to offer the product. If we load up additional costs on the production function of these loans, the loans won’t be profitable any longer.
A Review of the Department of Defense’s Report on Predatory Lending Practices Directed at Members of the Armed Forces and Their Dependents, hearing in the U.S. Senate Committee on Banking, Housing. & Urban Affairs, (September, 2006).
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FULMER: It would take the $15 and it would make that fee $1.38 per $100 borrowed. That’s less than 7.5 cents per day. The New York Times can’t sell a newspaper for 7.5 cents a day. And somehow we’re expected to be offering unsecured, relatively, $100 loans for a two-week period for 7.5 cents a day. It just doesn’t make economical sense.
AAA Payday Cash requires no collateral to secure a loan. The requirements are easily met by most people. As with any loan, there is a fee associated with borrowing the money. AAA Payday Cash charges $25 per every $100 borrowed. The APR ranges from 304.17% to 1303.57%. This may seem like a very high rate, but in the end, it is cheaper to secure a short-term loan at a higher rate than a longer term loan at a lower rate. This company guarantees that the funds will be available within two business days of approval. This is a great way to obtain cash when in a financial situation requiring the need for fast funds.
“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 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.
Buried in a late-night court filing in Robert Mueller’s expansive probe of Russian interference in the 2016 presidential election was an explosive claim: An adviser to President Donald Trump’s campaign and transition teams had knowingly been in contact with a former Russian intelligence officer as late as September 2016, prosecutors said. The revelation is the strongest connection to date between Trump’s campaign and Russia’s intelligence services, which U.S. officials say were behind the cyberattacks on Democrats during the election.
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All a consumer needs to get a payday loan is an open bank account in relatively good standing, a steady source of income, and identification. Lenders do not conduct a full credit check or ask questions to determine if a borrower can afford to repay the loan. Since loans are made based on the lender’s ability to collect, not the borrower’s ability to repay while meeting other financial obligations, payday loans create a debt trap.
So, the payday business model is not like a pawn shop, where you surrender your valuable possessions to raise cash. To get a payday loan, you need to have a job and a bank account. According to Pew survey data, some 12 million Americans — roughly 1 in 20 adults — take out a payday loan in a given year. They tend to be relatively young and earn less than $40,000; they tend to not have a four-year college degree; and while the most common borrower is a white female, the rate of borrowing is highest among minorities.
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.
DEYOUNG: If we take an objective look at the folks who use payday lending, what we find is that most users of the product are very satisfied with the product. Survey results show that almost 90 percent of users of the product say that they’re either somewhat satisfied or very satisfied with the product afterwards.
As an alternative to traditional payday loans, LendUp also has several different types of loans A traditional payday loan means you must repay the full value of the loan with your next paycheck. That could leave you in a financial tight spot. LendUp offers up to 30 days for repayment. The added flexibility makes it much easier for you to repay these alternative loans without failing to meet other financial obligations.
The Financial Conduct Authority (FCA) estimates that there are more than 50,000 credit firms that come under its widened remit, of which 200 are payday lenders. Payday loans in the United Kingdom are a rapidly growing industry, with four times as many people using such loans in 2009 compared to 2006 – in 2009 1.2 million people took out 4.1 million loans, with total lending amounting to £1.2 billion. In 2012, it is estimated that the market was worth £2.2 billion and that the average loan size was around £270. Two-thirds of borrowers have annual incomes below £25,000. There are no restrictions on the interest rates payday loan companies can charge, although they are required by law to state the effective annual percentage rate (APR). In the early 2010s there was much criticism in Parliament of payday lenders.
You are not culpable under criminal laws relating to returned payment items if you default on this transaction. Consequently, we may not use or threaten to use criminal process (e.g., criminal returned item laws) to collect a defaulted transaction.
Worse yet, she says, borrowers have almost no choice but to roll over their loans again and again, which jacks up the fees. In fact, rollovers, Standaert says, are an essential part of the industry’s business model.
DEYOUNG: This is why price caps are a bad idea. Because if the solution was implemented as I suggest and, in fact, payday lenders lost some of their most profitable customers — because now we’re not getting that fee the 6th and 7th time from them — then the price would have to go up. And we’d let the market determine whether or not at that high price we still have folks wanting to use the product.
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.
As you find when you dig into just about any modern economic scenario, most people have at least one horse in every race, which makes it hard to separate advocacy and reality. So let’s go where Freakonomics Radio often goes when we want to find someone who does not have a horse in the race: to academia. Let’s ask some academic researchers if the payday-loan industry is really as nasty as it seems.
Payday lenders will attempt to collect on the consumer’s obligation first by simply requesting payment. If internal collection fails, some payday lenders may outsource the debt collection, or sell the debt to a third party.
These arguments are countered in two ways. First, the history of borrowers turning to illegal or dangerous sources of credit seems to have little basis in fact according to Robert Mayer’s 2012 “Loan Sharks, Interest-Rate Caps, and Deregulation”. Outside of specific contexts, interest rates caps had the effect of allowing small loans in most areas without an increase of “loan sharking”. Next, since 80% of payday borrowers will roll their loan over at least one time  because their income prevents them from paying the principal within the repayment period, they often report turning to friends or family members to help repay the loan  according to a 2012 report from the Center for Financial Services Innovation. In addition, there appears to be no evidence of unmet demand for small dollar credit in states which prohibit or strictly limit payday lending.
The bigger problem for payday lenders is the overhead. Alex Horowitz, a research manager at the Pew Charitable Trusts, says that on average, two-thirds of the fees payday lenders collect are spent just keeping the lights on. The average storefront serves only 500 customers a year, and employee turnover is ridiculously high. For instance, QC Holdings, a publicly traded nationwide lender, reported that it had to replace approximately 65 percent of its branch-level employees in 2014. “The profits are not extraordinary,” Horowitz says. “What is extraordinary is the inefficiency.”
The report was reinforced by a Federal Reserve Board (FRB) 2014 study which found that while bankruptcies did double among users of payday loans, the increase was too small to be considered significant. The same FRB researchers found that payday usage had no positive or negative impact on household welfare as measured by credit score changes over time.
“The control of man’s diet is readily accomplished, but mastery over his intestinal bacterial flora is not,” wrote a doctor named Bond Stow in the Medical Record Journal of Medicine and Surgery in 1914. “The innumerable examples of autointoxication that one sees in his daily walks in life is proof thereof … malaise, total lack of ambition so that every effort in life is a burden, mental depression often bordering upon melancholia.”
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).
On Thursday, Buzzfeed published a controversial internal Facebook memo titled “The Ugly.” It features Facebook Vice President Andrew Bosworth’s 2016 reflections on the company’s aggressive efforts to connect people—and their fraught implications.
To prevent usury (unreasonable and excessive rates of interest), some jurisdictions limit the annual percentage rate (APR) that any lender, including payday lenders, can charge. Some jurisdictions outlaw payday lending entirely, and some have very few restrictions on payday lenders. In the United States, the rates of these loans used to be restricted in most states by the Uniform Small Loan Laws (USLL), with 36–40% APR generally the norm.
Furthermore, according to DeYoung’s own research, because the payday-loan industry is extremely competitive, the market tends to drive fees down. And while payday lenders get trashed by government regulators and activists, payday customers, he says, seem to tell a different story.
The idea that interest rates should have limits goes back to the beginning of civilization. Even before money was invented, the early Babylonians set a ceiling on how much grain could be paid in interest, according to Christopher Peterson, a law professor at the University of Utah and a senior adviser at the Consumer Financial Protection Bureau: They recognized the pernicious effects of trapping a family with debt that could not be paid back. In the United States, early, illegal payday-like loans trapped many borrowers, and harassment by lenders awoke the ire of progressives. States began to pass versions of the Uniform Small Loan Law, drafted in 1916 under the supervision of Arthur Ham, the first director of the Russell Sage Foundation’s Department of Remedial Loans. Ham recognized a key truth about small, short-term loans: They are expensive for lenders to make. His model law tried to encourage legal short-term lending by capping rates at a high enough level—states determined their own ceilings, typically ranging from 36 to 42 percent a year—to enable lenders to turn a profit. This was highly controversial, but many Americans still could not secure loans at that rate; their risk of default was deemed too great. Some of them eventually turned to the mob, which grew strong during Prohibition.
CHICAGO—Americans hear a lot these days about the country’s urban-rural divide. Rural counties are poorer; urban ones richer. Rural areas are losing jobs; urban ones are gaining them. People with a college education are leaving rural areas. They’re moving to urban places.
A payday loan is a non-priority debt. That means it should only be paid from money you’ve got spare once you’ve paid priorities like rent, mortgage, household bills, food and living costs. If paying back the payday loan means you’ll be short of money to pay priorities you should stop the money being taken.
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.
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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.
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In many cases, borrowers write a post-dated check (check with a future date) to the lender; if the borrowers don’t have enough money in their account by the check’s date, their check will bounce. In Texas, payday lenders are prohibited from suing a borrower for theft if the check is post-dated. One payday lender in the state instead gets their customers to write checks dated for the day the loan is given. Customers borrow money because they don’t have any, so the lender accepts the check knowing that it would bounce on the check’s date. If the borrower fails to pay on the due date, the lender sues the borrower for writing a hot 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.
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DEYOUNG: Oh, I do think that our history of usury laws is a direct result of our Judeo-Christian background. And even Islamic banking, which follows in the same tradition. But clearly interest on money lent or borrowed has a, has been looked at non-objectively, let’s put it that way. So the shocking APR numbers if we apply them to renting a hotel room or renting an automobile or lending your father’s gold watch or your mother’s silverware to the pawnbroker for a month, the APRs come out similar. So the shock from these numbers is, we recognize the shock here because we are used to calculating interest rates on loans but not interest rates on anything else. And it’s human nature to want to hear bad news and it’s, you know, the media understands this and so they report bad news more often than good news. We don’t hear this. It’s like the houses that don’t burn down and the stores that don’t get robbed.
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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:
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.
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