And yet the fringe has gotten awfully large. The typical payday-lending customer, according to the Pew Charitable Trusts, is a white woman age 25 to 44. Payday lenders serve more than 19 million American households—nearly one in six—according to the Community Financial Services Association of America, the industry’s trade group. And even that’s only a fraction of those who could become customers any day now. The group’s CEO, Dennis Shaul, told Congress in February that as many as 76 percent of Americans live paycheck to paycheck, without the resources to cover unexpected expenses. Or, as an online lender called Elevate Credit, which offers small loans that often have triple-digit annualized interest rates, put it in a recent financial filing, “Decades-long macroeconomic trends and the recent financial crisis have resulted in a growing ‘New Middle Class’ with little to no savings, urgent credit needs and limited options.”
“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.”
DUBNER: Let’s say you have a one-on-one audience with President Obama. We know that the President understands economics pretty well or, I would argue that at least. What’s your pitch to the President for how this industry should be treated and not eliminated?
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.
During a speech on Thursday, President Trump revealed a striking ignorance of one of the pillars of his country’s educational system. In the course of promoting his infrastructure plan, he, a bit perplexingly, dismissed the country’s community colleges, suggesting he doesn’t know what purpose they serve. “We do not know what a ‘community college’ means,” he told the crowd in an Ohio training facility for construction apprentices, moments after expressing nostalgia for the vocational schools that flourished when he was growing up—schools that offered hands-on training in fields such as welding and cosmetology.
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.
In the more recent innovation of online payday loans, consumers complete the loan application online (or in some instances via fax, especially where documentation is required). The funds are then transferred by direct deposit to the borrower’s account, and the loan repayment and/or the finance charge is electronically withdrawn on the borrower’s next payday.
Spotloan has been a lifeline to me on numerous occasions, & I would highly recommend their service to anyone faced with unexpected expenses. Additionally, all of my dealings with their customer service representatives, both via phone & email, have been exceptional.
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.
Prior to 2009 regulation of consumer credit was primarily conducted by the states and territories. Some states such as New South Wales and Queensland legislated effective annual interest rate caps of 48%. In 2008 the Australian states and territories referred powers of consumer credit to the Commonwealth. In 2009 the National Consumer Credit Protection Act 2009 (Cth) was introduced, which initially treated payday lenders no differently from all other lenders. In 2013 Parliament tightened regulation on the payday lending further introducing the Consumer Credit and Corporations Legislation Amendment (Enhancements) Act 2012 (Cth) which imposed an effective APR cap of 48% for all consumer credit contracts (inclusive of all fees and charges). Payday lenders who provided a loan falling within the definition of a small amount credit contract (SACC), defined as a contract provided by a non authorised-deposit taking institution for less than $2,000 for a term between 16 days and 1 year, are permitted to charge a 20% establishment fee in addition to monthly (or part thereof) fee of 4% (effective 48% p.a.). Payday lenders who provide a loan falling within the definition of a medium amount credit contract (MACC), defined as a credit contract provided by a non-deposit taking institution for between $2,000–$5,000 may charge a $400 establishment fee in addition to the statutory interest rate cap of 48%. Payday lenders are still required to comply with Responsible lending obligations applying to all creditors. Unlike other jurisdictions Australian payday lenders providing SACC or MACC products are not required to display their fees as an effective annual interest rate percentage.
Traub emphasizes that stronger state-level regulations will remain in place, as a repeal of the federal rule would not automatically preempt existing state and local regulations. Then again, many advocates are worried that the industry will now double down on their ongoing battle to weaken state-level protections.
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.”
Line of Credit: Available at Allied Cash Advance locations in Virginia only. Approval depends upon meeting legal, regulatory and underwriting requirements. Allied Cash Advance may, at their discretion, verify application information by using national databases that may provide information from one or more national credit bureaus, and Allied Cash Advance or third party lenders may take that into consideration in the approval process. Credit limits range from $250 to $1500. After your line of credit is set up, you have the option to draw any amount greater than $100, in increments of $5 up to the credit limit, as long as: you make your scheduled payments; and your outstanding balance does not exceed your approved credit limit. Minimum payments are calculated based on the outstanding balance owed, plus applicable fees and interest. As long as you continue to make on-time and complete payments, you will remain in good standing and be able to continue using your line of credit account.
A more nefarious theory is that banks currently make a lot of money on a payday-lending alternative that already exists—namely, overdraft protection. One study done by the Consumer Financial Protection Bureau found that most debit-card overdraft fees are incurred on transactions of $24 or less, and yield a median fee of $34. Why would banks want to undercut such a rich source of profits?
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.
Contact your state’s regulator or attorney general office for more information. You may also contact a legal aid attorney or private attorney for assistance. You can submit a complaint about payday loans with the CFPB online or by calling (855) 411-2372.
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.
So far, Facebook is standing by its VP, who said this about his intentions on Twitter: “I don’t agree with the post today and I didn’t agree with it even when I wrote it. The purpose of this post, like many others I have written internally, was to bring to the surface issues I felt deserved more discussion with the broader company.”
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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.
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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.
Although the federal Truth in Lending Act does require payday lenders to disclose their finance charges, many borrowers overlook the costs. Most loans are for 30 days or less and help borrowers to meet short-term liabilities. Loan amounts on these loans are usually from $100 to $1,500. Oftentimes these loans can be rolled over for additional finance charges and many borrowers are often repeat customers. A number of court cases have been filed against these lenders as lending laws following the 2008 financial crisis have been enacted to create a more transparent and fair lending market for consumers.
A minority of mainstream banks and TxtLoan companies lending short-term credit over mobile phone text messaging offer virtual credit advances for customers whose paychecks or other funds are deposited electronically into their accounts. The terms are similar to those of a payday loan; a customer receives a predetermined cash credit available for immediate withdrawal. The amount is deducted, along with a fee, usually about 10 percent of the amount borrowed, when the next direct deposit is posted to the customer’s account. After the programs attracted regulatory attention, Wells Fargo called its fee “voluntary” and offered to waive it for any reason. It later scaled back the program in several states. Wells Fargo currently offers its version of a payday loan, called “Direct Deposit Advance,” which charges 120% APR. Similarly, the BBC reported in 2010 that controversial TxtLoan charges 10% for 7-days advance which is available for approved customers instantly over a text message.
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Lenders hold the checks until the borrower’s next payday when loans and the finance charge must be paid in one lump sum. To pay a loan, borrowers can redeem the check by paying the loan with cash, allow the check to be deposited at the bank, or just pay the finance charge to roll the loan over for another pay period. Some payday lenders also offer longer-term payday instalment loans and request authorization to electronically withdraw multiple payments from the borrower’s bank account, typically due on each pay date. Payday loans range in size from $100 to $1,000, depending on state legal maximums. The average loan term is about two weeks. Loans typically cost 400% annual interest (APR) or more. The finance charge ranges from $15 to $30 to borrow $100. For two-week loans, these finance charges result in interest rates from 390 to 780% APR. Shorter term loans have even higher APRs. Rates are higher in states that do not cap the maximum cost.
Behind this divergence lies a straightforward story: The twin forces of globalization and technological change are enriching a handful of big urban areas, while resources are drained from the heartland, leaving it often devoid of opportunity and prosperity. But this neat division, rural versus urban, erases another part of the story of America’s changing economy: the pressure that those twin forces are exerting within cities, pulling some people up to the very top while pushing others to an unforgiving bottom. In some prosperous cities, such as Chicago, where the number of wealthy census tracts has grown fourfold since 1970, people at the bottom are struggling as much as they always have, if not more—illustrating that it’s not just the white rural poor who are being left behind in today’s economy. The disconnect is why Andrew Diamond, the author of Chicago on the Make, has called Chicago “a combination of Manhattan smashed against Detroit.”
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Payday loans are made by payday loan stores, or at stores that sell other financial services, such as check cashing, title loans, rent-to-own and pawn, depending on state licensing requirements. Loans are made via websites and mobile devices. CFPB found 15,766 payday loan stores operating in 2015.
In another study, by Gregory Elliehausen, Division of Research of the Federal Reserve System and Financial Services Research Program at the George Washington University School of Business, 41% earn between $25,000 and $50,000, and 39% report incomes of $40,000 or more. 18% have an income below $25,000.
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Some payday loan companies gather your personal information and then shop around for a lender. That means your information could go out to third parties as part of the lending process. Other companies will even sell contact information, leaving you dealing with sales calls and spam emails. LendUp protects customer information and will never sell it.
DeYOUNG: They choose not to overdraft the checking account and take out the payday loan because they’ve done the calculus. That overdrafting on four or five checks at their bank is going to cost them more money than taking out the payday loan.
Freakonomics Radio is produced by WNYC Studios and Dubner Productions. Today’s episode was produced by Christopher Werth. The rest of our staff includes Arwa Gunja, Jay Cowit, Merritt Jacob, Greg Rosalsky, Kasia Mychajlowycz, Alison Hockenberry and Caroline English. Thanks also to Bill Healy for his help with this episode from Chicago. If you want more Freakonomics Radio, you can also find us on Twitter and Facebook and don’t forget to subscribe to this podcast on iTunes or wherever else you get your free, weekly podcasts.
In August 2015, the Financial Conduct Authority (FCA) of the United Kingdom has announced that there have been an increase of unauthorized firms, also known as ‘clone firms’, using the name of other genuine companies to offer payday loan services. Therefore, acting as a clone of the original company, such as the case of Payday Loans Now. The FCA strongly advised to verify financial firms by using the Financial Services Register, prior to participating in any sort of monetary engagement.
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.
Payday loans are often advertised as a way of funding an unexpected ‘one-off expense’, like a car MOT. But the reality is four in ten people take them to pay for essentials like food and petrol – putting food on the table and getting to work.
Consumer advocates and other experts[who?] argue, however, that payday loans appear to exist in a classic market failure. In a perfect market of competing sellers and buyers seeking to trade in a rational manner, pricing fluctuates based on the capacity of the market. Payday lenders have no incentive to price their loans competitively since loans are not capable of being patented. Thus, if a lender chooses to innovate and reduce cost to borrowers in order to secure a larger share of the market the competing lenders will instantly do the same, negating the effect. For this reason, among others, all lenders in the payday marketplace charge at or very near the maximum fees and rates allowed by local law.
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Over the last couple of years “payday” loans have become increasingly popular throughout the United States, including in the State of Texas. For a variety of reasons, the rates at which borrowers default on these loans is extremely high. If you have defaulted on a payday loan, or are concerned that you will default on one in the near future, you may be concerned that you will go to jail for not paying the loan. This is not true. You will not go to jail if you do not pay a “payday” loan.
FULMER: If you associate the cost of paying our rent to our local landlords, paying our light bill and electrical fees, paying our other fees to local merchants who provide services to us, we operate on a relatively thin margin.
I have never felt so informed, relaxed, nor confident within any attorney before, ever! And all that changed once we met with Erin. Since I’ve had such bad luck with previous attorneys, I was under the impression that our appointment would …MoreI have never felt so informed, relaxed, nor… Read More
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We’ve been asking a pretty simple question today: are payday loans as evil as their critics say or overall, are they pretty useful? But even such a simple question can be hard to answer, especially when so many of the parties involved have incentive to twist the argument, and even the data, in their favor. At least the academic research we’ve been hearing about is totally unbiased, right?
The staff and Erin were great. I would recommend Erin to anyone. Compared to our other lawfirm she saved us 10’s of thousands of dollars on our bankruptcy Erin is the best we don’t think we could have done it without her.
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This reinforces the findings of the U.S. Federal Deposit Insurance Corporation (FDIC) study from 2011 which found black and Hispanic families, recent immigrants, and single parents were more likely to use payday loans. In addition, their reasons for using these products were not as suggested by the payday industry for one time expenses, but to meet normal recurring obligations.
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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