After studying millions of payday loans, the Consumer Financial Protection Bureau found that 67 percent went to borrowers with seven or more transactions a year, and the majority of borrowers paid more in fees than the amount of their initial loan. This is why Diane Standaert, the director of state policy at the Center for Responsible Lending, which argues for a 36 percent interest-rate cap, says, “The typical borrower experience involves long-term indebtedness—that’s core to the business model.”
Our latest Freakonomics Radio episode is called “Are Payday Loans Really as Evil as People Say?” (You can subscribe to the podcast at iTunes or elsewhere, get the RSS feed, or listen via the media player above.)
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The President was promoting some proposed new rules from the Consumer Financial Protection Bureau that would change how payday lenders operate, or perhaps put them out of business. Which, if payday lenders are as nasty as the President makes them sound, is a good thing, isn’t it? Isn’t it?
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?
OBAMA: You take out a $500 loan at the rates that they’re charging at these payday loans — some cases 450 percent interest — you wind up paying more than $1,000 in interest and fees on the $500 that you borrowed … You don’t need to be a math genius to know that it’s a pretty bad deal if you’re borrowing $500 and you have to pay back $1,000 in interest.
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.
The suspension of the rule signals a new direction for the CFPB, which is now headed by Mick Mulvaney, a longtime Trump crony and eminent Wall Street warrior who has a record of fiercely protecting financiers, not consumers. Mulvaney immediately followed the rule’s suppression by launching an internal review of the agency, which watchdog groups see as another step toward reversal of the agency’s founding mission. Paralleling Trump’s anti-Obama vendetta, Mulvaney is poised to dismantle the agency’s regulatory framework, which prior to his tenure aimed at promoting modest but meaningful limits on the financial industry’s exploitative power. And his first move is fittingly to roll back a major instrument of fraud and usury that’s aimed at the poorest consumers.
The exponential growth of payday lending over the past few decades can be traced back to federal financial deregulation in the 1970s and 1980s. The very reason Trump installed Mulvaney…is because he is a de-regulator…. At the very least, this latest move is yet another wink and nod to financial predators that it’s open season on poor people, working families, and communities of color.
Just be sure you have sufficient funds in your account on those days, otherwise you could face overdraft fees and other penalties from your bank. If you won’t be able to make a payment, please call us in advance at 888.801.9075.
DUBNER: Well, here’s what seems to me, at least, the puzzle, which is that repeat rollovers — which represent a relatively small number of the borrowers and are a problem for those borrowers — but it sounds as though those repeat rollovers are the source of a lot of the lender’s profits. So, if you were to eliminate the biggest problem from the consumer’s side, wouldn’t that remove the profit motive from the lender’s side, maybe kill the industry?
Payday lenders charge borrowers extremely high levels of interest which can range up to 500% in annual percentage yield (APR). Most states have usury laws that limit interest charges to less than approximately 35% however payday lenders fall under exemptions that allow for their high interest. Since these loans qualify for many state lending loopholes, borrowers should beware. Regulations on these loans are governed by the individual states with some states even outlawing payday loans of any kind.
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.
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.
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:
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.
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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.
SEBASTIAN McKAMEY: It’s open. It’s outside. So I was just standing outside, waiting on the bus stop. And I lit me a cigarette and the officers pulled up on me and was like, “Hey, you know you can’t smoke here?” I was like, “No, I didn’t know. I don’t see no signs.” So they wrote me a ticket.
So in the state that didn’t pass it, payday lending went on as before. And this let Zinman compare data from the two states to see what happens, if anything, when payday-loan shops go away. He looked at data on bank overdrafts, and late bill payments and employment; he looked at survey data on whether people considered themselves better or worse off without access to payday loans.
The payday industry, and some political allies, argue the CFPB is trying to deny credit to people who really need it. Now, it probably does not surprise you that the payday industry doesn’t want this kind of government regulation. Nor should it surprise you that a government agency called the Consumer Financial Protection Bureau is trying to regulate an industry like the payday industry.
AAA Payday Cash is a service dedicated to customer satisfaction. They strive to provide a service that aids those in financial need. The payday loan option, as well as the cash advance option, is a great tool to use when emergency cash funds are needed. If customers are not comfortable providing personal information through the secure website, a representative may be contacted by email or phone. The AAA Payday Cash toll free number is (866) 606-LOAN and the email address is email@example.com. Trained and professional representatives will walk you through the application process and answer any questions applying customers may have.
In Store Loans: Approval depends on meeting legal, regulatory and underwriting requirements. Cash advances are typically for two-to-four week terms. Some borrowers, however, use cash advances for several months. Cash advances should not be used as a long-term financial solution, and extended use may be expensive. Borrowers with credit difficulties should seek credit counseling. All product and service options subject to change without notice. Cash advances subject to applicable lender’s terms and conditions. Licensed by the California Department of Business Oversight pursuant to the California Deferred Deposit Transaction Law. California loans other than deferred deposit loans are issued pursuant to the California Finance Lenders Law. Principal address 7755 Montgomery Road, Suite 400, Cincinnati, OH 45236.
MANN: If your prior is that none of the people using this product would do it if they actually understood what was going on — well, that just doesn’t seem to be right because the data at least suggests that most people do have a fairly good understanding of what’s going to happen to them.
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.
As a LendUp borrower, you get a personalized dashboard with your loan details laid out clearly. You can log in at any time to see your loan balance or track recent payments. That puts control of your loan in your hands. If you see anything that raises a question, a quick email to customer support can get you an answer. At LendUp, loans are all about your convenience.
Many people ask about 1 Hour Payday Loans. In theory this can happen but from a practical standpoint it never happens. When applying for a payday loan the lender must take some time to explain all the terms and conditions to you as well as get your final approval.
DEYOUNG: Had I written that paper, and had I known 100 percent of the facts about where the data came from and who paid for it — yes, I would have disclosed that. I don’t think it matters one way or the other in terms of what the research found and what the paper says.
Individuals interested in obtaining a payday loan may complete the application at www.aaapaydaycash.com. Cash advances may also be obtained by visiting the website. A cash advance can be deposited into an account in as little as one business day after the application has been completed and approved.
Erin Shank and her employees are very professional. They explained the process to me thoroughly. One of the things that I appreciated most is that they were not judgemental. I would recommend her to anyone who is considering bankruptcy, especially Veterans. She is an expert in provisions that… Read More
It begins like this: “Except for the ten to twelve million people who use them every year, just about everybody hates payday loans. Their detractors include many law professors, consumer advocates, members of the clergy, journalists, policymakers, and even the President! But is all the enmity justified?”
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.
U.S. Senator Elizabeth Warren (left) talks with Consumer Financial Protection Bureau Director Richard Cordray after he testified about Wall Street reform at a 2014 Senate Banking Committee hearing. (Jonathan Ernst / Reuters)
Because lenders do not typically run a credit check during the application process, the process of requesting a payday loan does not have an effect on your credit score. Instead, they inquire about your current employment status and source of income. Lenders also mandate that you submit a post-dated check to cover the amount of the loan once funds from your employer are disbursed into your account on payday.
A cash advance provider who follows the CFSA best practices, as Allied Cash Advance does, will give all customers the right to rescind, or return, a payday loan within a clearly stated, limited time frame.
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.
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 is a better way to borrow extra cash. It’s not a payday loan. It’s an installment loan, which means you pay down the principal with each on-time payment. Borrow $300 to $800 and pay us back a little at a time.