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.
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.
Payday loans are often used by people who are in a financial bind and looking for temporary relief until their next paycheck, like many government workers who were furloughed due to the government shutdown this week. In most instances, this option is exercised if no other immediate resources, such as credit cards or funds from a savings account, are available.
“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.
A payday loan is a short-term loan for an unexpected expense and is typically due on your next payday. Applying is fast and secure. In a few simple steps, payday loans can stretch your budget till your next payday by offering access to the cash you need now.
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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.
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At the turn of the 20th century, prominent physicians who were trying to understand where mental illness comes from seized on a new theory: autointoxication. Intestinal microbes, these doctors suggested, are actually dangerous to their human hosts. They have a way of inducing “fatigue, melancholia, and the neuroses,” as a historical article in the journal Gut Pathogens recounts.
A 2012 report produced by the Cato Institute found that the cost of the loans is overstated, and that payday lenders offer a product traditional lenders simply refuse to offer. However, the report is based on 40 survey responses collected at a payday storefront location. The report’s author, Victor Stango, was on the board of the Consumer Credit Research Foundation (CCRF) until 2015, an organization funded by payday lenders, and received $18,000 in payments from CCRF in 2013.
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STANDAERT: These payday loans cost borrowers hundreds of dollars for what is marketed as a small loan. And the Center for Responsible Lending has estimated that payday loan fees drain over $3.4 billion a year from low-income consumers stuck in the payday-loan debt trap.
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.
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.
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.)
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To help government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify a customer’s identity, Lenders may obtain, verify, and record information that identifies the customer.
Payday lenders do not compare their interest rates to those of mainstream lenders. Instead, they compare their fees to the overdraft, late payment, penalty fees and other fees that will be incurred if the customer is unable to secure any credit whatsoever.
ERVIN BANKS: I don’t see nothing wrong with them. I had some back bills I had to pay off. So it didn’t take me too long to pay it back — about three months, something like that. They’re beautiful people.
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.
Stephen Loveridge’s documentary, Matangi/Maya/M.I.A., appears to start filling in that script, preluding the Grammys performance with footage of the rapper and producer’s breezy home life in Los Angeles. Then we see her arrive on stage in those blazing maternal polka dots, with the Clash-borrowed groove of her smash “Paper Planes” twitching to life, and—
And yet it is surprisingly difficult to condemn the business wholesale. Emergency credit can be a lifeline, after all. And while stories about the payday-lending industry’s individual victims are horrible, the research on its effect at a more macro level is limited and highly ambiguous. One study shows that payday lending makes local communities more resilient; another says it increases personal bankruptcies; and so on.
You know the drill by now: A runaway trolley is careening down a track. There are five workers ahead, sure to be killed if the trolley reaches them. You can throw a lever to switch the trolley to a neighboring track, but there’s a worker on that one as well who would likewise be doomed. Do you hit the switch and kill one person, or do nothing and kill five?
The problem we’ve been looking at today is pretty straightforward: there are a lot of low-income people in the U.S. who’ve come to rely on a financial instrument, the payday loan, that is, according to its detractors, exploitative, and according to its supporters, useful. President Obama is pushing for regulatory reform; payday advocates say the reform may kill off the industry, leaving borrowers in the lurch.
That’s the most famous version of the trolley problem, a philosophical thought experiment popularized in the 1970s. There are other variants; the next most famous asks if you’d push a fat man off a bridge to stop the trolley rather than killing even one of the supposedly slim workers. In addition to its primary role as a philosophical exercise, the trolley problem has been used a tool in psychology—and more recently, it has become the standard for asking moral questions about self-driving cars.
Does a researcher who’s out to make a splash with some sexy finding necessarily operate with more bias than a researcher who’s operating out of pure intellectual curiosity? I don’t think that’s necessarily so. Like life itself, academic research is a case-by-case scenario.
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.
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.
Furthermore, according to DeYoung’s own research, because the payday-loan industry is extremely competitive, the market tends to drive fees down. And while payday lenders get trashed by government regulators and activists, payday customers, he says, seem to tell a different story.