Along with reforming payday lending, Cordray is trying to jawbone banks and credit unions into offering small-dollar, payday-like loans. Theoretically, they could use their preexisting branches, mitigating the overhead costs that affect payday stores and hence enabling profitable lending at a much lower rate. This is the holy grail for consumer advocates. “What everyone really wants to see is for it to come into the mainstream of financial services if it’s going to exist at all,” Cox says.
Last year, bike sharing took off in China, with dozens of bike-share companies quickly flooding city streets with millions of brightly colored rental bicycles. However, the rapid growth vastly outpaced immediate demand and overwhelmed Chinese cities, where infrastructure and regulations were not prepared to handle a sudden flood of millions of shared bicycles. Riders would park bikes anywhere, or just abandon them, resulting in bicycles piling up and blocking already-crowded streets and pathways. As cities impounded derelict bikes by the thousands, they moved quickly to cap growth and regulate the industry. Vast piles of impounded, abandoned, and broken bicycles have become a familiar sight in many big cities. As some of the companies who jumped in too big and too early have begun to fold, their huge surplus of bicycles can be found collecting dust in vast vacant lots. Bike sharing remains very popular in China, and will likely continue to grow, just probably at a more sustainable rate. Meanwhile, we are left with these images of speculation gone wild—the piles of debris left behind after the bubble bursts.
There is a long and often twisted history of industries co-opting scientists and other academic researchers to produce findings that make their industries look safer or more reliable or otherwise better than they really are. Whenever we talk about academic research on this show — which is pretty much every week — we do try to show the provenance of that research and establish how legitimate it is. The best first step in figuring that out is to ask what kind of incentives are at play. But even that is only one step.
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by direct deposit to the borrower’s account, and the loan repayment and/or the finance charge is electronically withdrawn on the borrower’s next payday.
Income tax refund anticipation loans are not technically payday loans (because they are repayable upon receipt of the borrower’s income tax refund, not at his next payday), but they have similar credit and cost characteristics. A car title loan is secured by the borrower’s car, but are available only to borrowers who hold clear title (i.e., no other loans) to a vehicle. The maximum amount of the loan is some fraction of the resale value of the car. A similar credit facility seen in the UK is a logbook loan secured against a car’s logbook, which the lender retains. These loans may be available on slightly better terms than an unsecured payday loan, since they are less risky to the lender. If the borrower defaults, then the lender can attempt to recover costs by repossessing and reselling the car.
Be aware that some payday lenders have threatened garnishment in order to get borrowers to pay, even though they do not have a court order or judgment. If that should occur, you may want to seek legal assistance.
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.
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%.
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.
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.
One problem with the payday-lending industry—for regulators, for lenders, for the public interest—is that it defies simple economic intuition. For instance, in most industries, more competition means lower prices for consumers. That maxim surely helped guide the deregulation of the fringe lending business in the 1990s—and some advocates still believe that further deregulation is the key to making payday loans affordable. Yet there’s little evidence that a proliferation of payday lenders produces this consumer-friendly competitive effect. Quite the contrary: While states with no interest-rate limits do have more competition—there are more stores—borrowers in those states (Idaho, South Dakota, Texas, and Wisconsin) pay the highest prices in the country, more than double those paid by residents of some other states, according to Pew. In states where the interest rate is capped, the rate that payday lenders charge gravitates right toward the cap. “Instead of a race to the lowest rates, it’s a race to the highest rates,” says Tom Feltner, the director of financial services at the Consumer Federation of America.
Payday loans have been in the news a lot recently, but not all short-term loans carry the same risks. LendUp Loans are an alternative to traditional payday loans from a licensed lender. A typical payday loan is exactly that: You borrow money against your next paycheck. However, borrowing against your paycheck often imposes several restrictions on this type of lending:
1. All loans subject to approval pursuant to standard underwriting criteria. Rates and terms will vary depending upon the state where you reside. Not all consumers will qualify for a loan or for the maximum loan amount. Terms and conditions apply. Loans should be used for short-term financial needs only, and not as a long-term solution. Customers with credit difficulties should seek credit counseling. ACE Cash Express, Inc. is licensed by the Department of Business Oversight pursuant to Financial Code Section 23005(a) of the California Deferred Deposit Transaction Law. Loans in Minnesota made by ACE Minnesota Corp. Loans in Ohio arranged by FSH Credit Services LLC d/b/a ACE Cash Express, CS.900100.000, and made by, and subject to the approval of, an unaffiliated third party lender. Loans in Texas arranged by ACE Credit Access LLC and made by, and subject to the approval of, an unaffiliated third party lender. ACE Cash Express, Inc. is licensed by the Virginia State Corporation Commission, PL-115.
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:
RONALD MANN: I have a general idea that people that are really tight for money know a lot more where their next dollar is coming from and going than the people that are not particularly tight for money. So, I generally think that the kinds of people that borrow from payday lenders have a much better idea of how their finances are going to go for the next two or three months because it’s really a crucial item for them that they worry about every day. So that’s what I set out to test.
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.
If you are concerned about a payday loan in default, bankruptcy may be the best solution. Not only will filing for bankruptcy cause all collection efforts by creditors to cease immediately, but it can eliminate most of your debt and provide you with a fresh start.
California requires that all California customers have their most recent pay stub on file with Check ‘n Go when receiving an installment loan. For online customers, please fax or e-mail Check ‘n Go your latest pay stub when applying to ensure timely processing of your loan.
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.
MANN: The data actually suggest that there’s a relatively small group of borrowers, in the range of 10 to 15 percent, who had been extremely heavy users, whose predictions are really bad. And I think that group of people seems to fundamentally not understand their financial situation.
FULMER: We have to wait for the final proposal rules to come out. But where they appear to be going is down a path that would simply eliminate a product instead of reforming the industry or better regulating the industry.
Lenders are within their rights to file reports with the three major credit bureaus—Experian, Equifax and Transunion—if you fail to repay your loan. This negative remark will lower your credit score and may make it impossible for you to obtain short term loans or other forms of credit in the future. However, once you have repaid your debt to your lender in full, this will be reported to the credit agencies and the negative remark will be removed from your credit history.
The rule would also target longer-term loans with a 36 percent yearly interest rate or higher, restricting lenders from directly extracting money from the consumer’s account, without the borrower’s explicit consent, if they failed to repay twice in a row. Any direct withdrawal from a consumer’s account would also require standard prior notification. The commonsense rule was projected to reduce the industry’s yearly revenue by two-thirds.
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.
SameDayPayday.com is not a lender, does not broker loans or make credit decisions. This website collects information which you provide and then forwards it to one or more lenders in our network. Lenders are solely responsible to you for all aspects of the application or loan transaction, including compliance with all applicable laws and regulations.
In May 2008, the debt charity Credit Action made a complaint to the United Kingdom Office of Fair Trading (OFT) that payday lenders were placing advertising which violated advertising regulations on the social network website Facebook. The main complaint was that the APR was either not displayed at all or not displayed prominently enough, which is clearly required by UK advertising standards.
Many of the lenders in our network stick with in-house debt collection practices rather than selling your debt to an outside collection agency, and they will never sue you or threaten criminal charges against you. Your lender may attempt to collect your debt via email, postal mail, telephone, or text message, and they may offer you a settlement so that you can repay your debt over time. All of our lenders are required to adhere to the Fair Debt Collection Practices Act which protects you from harassment. You can contact your lender for more information about its specific policies.
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.
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.
Maybe that’s about as good as it gets on the fringe. Outrage is easy, and outrage is warranted—but maybe payday lenders shouldn’t be its main target. The problem isn’t just that people who desperately need a $350 loan can’t get it at an affordable rate, but that a growing number of people need that loan in the first place.
In California for example a payday lender can charge a 14-day APR of 459% for a $100 loan. Finance charges on these loans are also a significant factor for borrowers as the fees can range up to approximately $18 per $100 of loan.
The rules should be formally proposed this spring, but the pushback—from the industry and from more-surprising sources—has already been fierce. Dennis Shaul, who, before he became the head of the industry’s trade association, was a senior adviser to then-Congressman Barney Frank of Massachusetts, accused the rule-makers of a harmful paternalism, rooted in a belief that payday-lending customers “are not able to make their own choices about credit.” All 10 of Florida’s congressional Democrats wrote in a letter to Richard Cordray, the bureau’s director, that the proposals do an “immeasurable disservice to our constituents, many of whom rely on the availability of short-term and small-dollar loans.” Representative Debbie Wasserman Schultz, the chair of the Democratic National Committee, recently co-sponsored a bill that would delay the regulations for at least two years.
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