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.
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ZINMAN: The Pentagon in recent years has made it a big policy issue. They have posited that having very ready access to payday loans outside of bases has caused financial distress and distractions that have contributed to declines in military readiness and job performance.
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.)
As for credit unions, although a few have had success offering small, short-term loans, many struggle with regulators, with reputational risk, and with the cost of making such loans. “We are all cognizant that we should do it, but it is very challenging to figure out a business model that works,” says Tom Kane, the president of the Illinois Credit Union League. In any event, the credit-union industry is small—smaller altogether, Kane points out, than JPMorgan Chase, Bank of America, or Wells Fargo alone. “The scale isn’t there,” he says.
The law in the United States is very clear – debtors cannot be jailed for failing to pay a debt. Our U.S. Constitution prohibits imprisonment for debt. Our bankruptcy laws are federal laws that enable debtors to file for bankruptcy protection when they are unable to repay their debts. Furthermore, debt collection is a civil law matter, not a criminal matter.. A creditor may pursue collection of a debt through the civil courts in the United States; however, debtors cannot be prosecuted in criminal court for not paying a debt.
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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 …
So, if you were to apply in the morning and get approved, it is possible you would have the money in your bank account later that day. However, always assume that once you are approved you will receive the money in your account the next business day. Lenders do not transfer funds on weekends and holidays (or when banks are usually closed). One hour payday loans can happen but it is extremely rare.
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
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.
It may not even surprise you to learn that the Center for Responsible Lending — the non-profit that’s fighting predatory lending — that it was founded by a credit union, the Self-Help Credit Union, which would likely stand to benefit from the elimination of payday loans. And that among the Center’s many funders are banks and other mainstream financial institutions.
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.
The Consumer Financial Protection Bureau doesn’t have the power to ban payday lending outright, or to set a nationwide interest-rate cap, but it can act to prevent practices deemed “unfair, abusive, or deceptive.” In March 2015, it announced that it was considering a set of rules for most small-dollar loans (up to $500) that consumers are required to repay within 45 days. The goal is to put an end to payday-lending debt traps.
The explanation for this is not simple, and a variety of economic jargon floats around the issue. But it all begins with this: The typical payday-loan consumer is too desperate, too unsophisticated, or too exhausted from being treated with disrespect by traditional lenders to engage in price shopping. So demand is what economists call price inelastic. As Clarence Hodson, who published a book in 1919 about the business of small loans, put it, “Necessity cannot bargain to advantage with cupidity.” In its last annual financial report, Advance America, one of the country’s biggest payday lenders, wrote, “We believe that the principal competitive factors are customer service, location, convenience, speed, and confidentiality.” You’ll notice it didn’t mention price.
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.
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.
One of the gripes people have over how payday lenders work is over their collection process. The truth is you cannot be made to repay more than you can afford. We can tell you how much that is and crucially we can help you prove that to the payday lender.
Let’s talk about how a pay day loan works. An individual who needs immediate cash due to a personal emergency can obtain a “payday loan” from any of the numerous payday loan companies throughout Texas. The borrower agrees to pay an exorbitant interest rate – often over 500 percent—for the loan. The borrower then gives the payday lender a post-dated check which is dated the same day as his/her next pay day. Alternatively, the borrower gives the lender the ability to take an automatic withdrawal from the borrower’s bank account on the day of the borrower’s next pay check hits his/her bank. Frequently, a borrower does not have the funds to repay the loan when it becomes due so the loan is rolled-over with yet another large chunk in interest added to the debt. Not surprisingly, borrowers often default because they cannot pay the loan plus all of the exorbitant interest and fees.
CHRISTOPHER WERTH: Right. Well, it’s a non-profit watchdog, relatively new organization. Its mission is to expose corporate and political misconduct, primarily by using open-records requests, like the Freedom of Information Act, or FOIA requests, to produce evidence.
“… payday lending services extend small amounts of uncollateralized credit to high-risk borrowers, and provide loans to poor households when other financial institutions will not. Throughout the past decade, this “democratization of credit” has made small loans available to mass sectors of the population, and particularly the poor, that would not have had access to credit of any kind in the past.”
DUBNER: Now, Bob, the blog post is sort of a pop version of a meta-study, which rolls up other research on different pieces of the issue. Persuade me that the studies that you cite in the post aren’t merely the biased rantings of some ultra-right-wing pro-market-at-all-costs lunatics. And I realize that at least one of the primary studies was authored by yourself, so I guess I’m asking you to prove that you are not an ultra-right-wing pro-market-at-all-costs lunatic.
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.
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.
DIANE STANDAERT: From the data that we’ve seen, payday loans disproportionately are concentrated in African-American and Latino communities, and that African-American and Latino borrowers are disproportionately represented among the borrowing population.
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.
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.
A 2009 study by University of Chicago Booth School of Business Professor Adair Morse found that in natural disaster areas where payday loans were readily available consumers fared better than those in disaster zones where payday lending was not present. Not only were fewer foreclosures recorded, but such categories as birth rate were not affected adversely by comparison. Moreover, Morse’s study found that fewer people in areas served by payday lenders were treated for drug and alcohol addiction.
Check `n Go Online is not a direct lender in Texas and Ohio, where instead it acts in the capacity as a Credit Services Organization in conjunction with NCP Finance Limited Partnership as the direct lender for both in-store and online loans. Integrity Texas Funding also acts a direct lender in Texas for in-store loans only.
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