On the other hand, this leaves about 40 percent of borrowers who weren’t good at predicting when they’d pay the loan off. And Mann found a correlation between bad predictions and past payday loan use.
Research for the Illinois Department of Financial and Professional Regulation found that a majority of Illinois payday loan borrowers earn $30,000 or less per year. Texas’ Office of the Consumer Credit Commissioner collected data on 2012 payday loan usage, and found that refinances accounted for $2.01 billion in loan volume, compared with $1.08 billion in initial loan volume. The report did not include information about annual indebtedness. A letter to the editor from an industry expert argued that other studies have found that consumers fare better when payday loans are available to them. Pew’s reports have focused on how payday lending can be improved, but have not assessed whether consumers fare better with or without access to high-interest loans. Pew’s demographic analysis was based on a random-digit-dialing (RDD) survey of 33,576 people, including 1,855 payday loan borrowers.
So, given this fact, how should one think about the industry? Is it treacherous enough that it should be eliminated? Or, is it a useful, if relatively expensive, financial product that the majority of customers benefit from?
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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.
January 16 was supposed to be the day of reckoning for a notorious predatory-lending industry, when a rule from the Obama administration’s consumer-watchdog agency would finally start to curb a business that’s fleecing the poor. But the day the new regulation was set to kick in, the Trump White House’s newly appointed head of the agency decided to suspend the rule indefinitely, and soon announced a “review” of all agency operations, signaling a shift in mission from protecting Main Street to coddling Wall Street.
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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.
But as we kept researching this episode, our producer Christopher Werth learned something interesting about one study cited in that blog post — the study by Columbia law professor Ronald Mann, another co-author on the post, the study where a survey of payday borrowers found that most of them were pretty good at predicting how long it would take to pay off the loan. Here’s Ronald Mann again:
Fulmer’s firm, Advance America, runs about 2,400 payday loan shops, across 29 states. All in, there are roughly 20,000 payday shops in the U.S., with total loan volume estimated at around $40 billion a year. If you were to go back to the early 1990s, there were fewer than 500 payday-loan stores. But the industry grew as many states relaxed their usury laws — many states, but not all. Payday lending is forbidden in 14 states, including much of the northeast and in Washington, D.C. Another nine states allow payday loans but only with more borrower-friendly terms. And that leaves 27 states where payday lenders can charge in the neighborhood of 400 percent interest — states ranging from California to Texas to Wisconsin to Alabama, which is what drew President Obama there.
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.
DeYOUNG: We need to do more research and try to figure out the best ways to regulate rather than regulations that are being pursued now that would eventually shut down the industry. I don’t want to come off as being an advocate of payday lenders. That’s not my position. My position is I want to make sure the users of payday loans who are using them responsibly and for who are made better off by them don’t lose access to this product.
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:
Although some have noted that these loans appear to carry substantial risk to the lender, it has been shown that these loans carry no more long term risk for the lender than other forms of credit. These studies seem to be confirmed by the United States Securities and Exchange Commission filings of at least one lender, who notes a charge-off rate of 3.2%.
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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.
The majority of white Americans consider themselves sincerely committed to justice for the Negro. They believe that American society is essentially hospitable to fair play and to steady growth toward a middle-class Utopia embodying racial harmony. But unfortunately this is a fantasy of self-deception and comfortable vanity. Overwhelmingly America is still struggling with irresolution and contradictions. It has been sincere and even ardent in welcoming some change. But too quickly apathy and disinterest rise to the surface when the next logical steps are to be taken. Laws are passed in a crisis mood after a Birmingham or a Selma, but no substantial fervor survives the formal signing of legislation. The recording of the law in itself is treated as the reality of the reform.
The Credit.com editorial team is staffed by a team of editors and reporters, each with many years of financial reporting experience. We’ve worked for places like the New York Times, American Banker, Frontline, TheStreet.com, Business Insider, ABC News, NBC News, CNBC and many others. We also employ a few freelancers and more than 50 contributors (these are typically subject matter experts from the worlds of finance, academia, politics, business and elsewhere).
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.
You may find it difficult to face your credit while you’re having financial difficulties. However, it’s important as ever to stay aware of your credit during times like this so you can deal with any potential problems — including errors, collection accounts or signs of fraud — that can show up on your credit report. It’s also important to keep an eye on your credit score, which can indicate a problem with your credit.
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.”
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*CashNetUSA or third-party lender uses various credit reports, data sources and applicant information as part of its underwriting. Not all loan applications or extension requests are approved or receive the maximum amount permitted under state law. Not all instant decisions result in a loan approval.
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.
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.
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.