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DeYOUNG: OK, in a short sentence that’s highly scientific I would begin by saying, “Let’s not throw the baby out with the bathwater.” The question comes down to how do we identify the bath water and how do we identify the baby here. One way is to collect a lot of information, as the CFPB suggests, about the creditworthiness of the borrower. But that raises the production cost of payday loans and will probably put the industry out of business. But I think we can all agree that once someone pays fees in an aggregate amount equal to the amount that was originally borrowed, that’s pretty clear that there’s a problem there.
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Which suggests there is a small but substantial group of people who are so financially desperate and/or financially illiterate that they can probably get into big trouble with a financial instrument like a payday loan.
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“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.”
“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.
2. Loan funding requires verification of application information. Depending on ability to verify this information, loan funding may be extended up to two days. All loans subject to approval pursuant to standard underwriting criteria. In-store cash pickup is subject to approval pursuant to standard underwriting criteria. In-store cash pickup not available in all states.
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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.
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.
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If you have taken out a payday loan and realize prior to the due date that you will be unable to remit a timely payment in full, contact the lender immediately to request a payment plan or make other arrangements. Although this will add more interest and fees (which can make the loan even harder to pay off), it prevents the loan from going into default and damaging your credit score for the time being.
California requires that all California customers have their most recent pay stub on file with Check ‘n Go when receiving an installment loan. For online customers, please fax or e-mail Check ‘n Go your latest pay stub when applying to ensure timely processing of your loan.
“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.
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.
DUBNER:OK, so this is interesting that a watchdog group that will not reveal its funding is going after an industry for trying to influence academics that it’s funding. So should we assume that CFA, the watchdog, has some kind of horse in the payday race? Or do we just not know?
With annual interest rates around 400 percent, payday loans are called exploitative by critics. But the industry says those rates are necessary. And nearly 90% of borrowers are satisfied customers. (photo: stallio)
“For the many people that struggle to repay their payday loans every year this is a giant leap forward. From January next year, if you borrow £100 for 30 days and pay back on time, you will not pay more than £24 in fees and charges and someone taking the same loan for fourteen days will pay no more than £11.20. That’s a significant saving.
Brian Melzer of the Kellogg School of Management at Northwestern University found that payday loan users did suffer a reduction in their household financial situation, as the high costs of repeated rollover loans impacted their ability to pay recurring bills such as utilities and rent. This assumes a payday user will rollover their loan rather than repay it, which has been shown both by the FDIC and the Consumer Finance Protection bureau in large sample studies of payday consumers 
Jump up ^ “Testimony of Dr. Kimberly R. Manturuk, Center for Community Capital, University of North Carolina at Chapel Hill, Before the Subcommittee on Financial Institutions and Credit for Consumers, United States House of Representatives, Hearing on ‘An Examination of the Availability of Credit for Consumers,'” Page 5, September 22, 2011
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.
On the critic side right now are the Center for Responsible Lending, who advocates a 36 percent cap on payday lending, which we know puts the industry out of business. The CFPB’s proposed policy is to require payday lenders to collect more information at the point of contact and that’s one of the expenses that if avoided allows payday lenders to actually be profitable, deliver the product. Now that’s, that’s not the only plank in the CFPB’s platform. They advocate limiting rollovers and cooling-off periods and the research does point out that in states where rollovers are limited, payday lenders have gotten around them by paying the loan off by refinancing. Just starting a separate loan with a separate loan number, evading the regulation. Of course that’s a regulation that was poorly written, if the payday lenders can evade it that easily.
Since the very beginning of our interactions with Mrs. Shank’s practice, the entire staff has made an otherwise intimidating and uncomfortable experience, go as smoothly as possible for us. From our initial consultation with Dallas …MoreSince the very beginning of our interactions with Mrs…. Read More
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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.
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.
Bob DeYoung makes one particularly counterintuitive argument about the use of payday loans. Rather than “trapping borrowers in a cycle of debt,” as President Obama and other critics put it, DeYoung argues that payday loans may help people avoid a cycle of debt — like the late fees your phone company charges for an unpaid bill; like the overdraft fees or bounced-check fees your bank might charge you.
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).
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.
DeYoung also argues that most payday borrowers know exactly what they’re getting into when they sign up; that they’re not unwitting and desperate people who are being preyed upon. He points to a key piece of research by Ronald Mann; that’s another co-author on the New York Fed blog post.
They are far superior to their online counterparts. This is an expensive loan; of course, but the customer service is excellent and the reps are extremely professional, yet pleasant and personable. Review the website and you’ll agree there aren’t hidden fees. The reps are “very up front” and knowledgeable. Totally satisfied with my experience so far. Just saying…..
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