DEYOUNG: Oh, I do think that our history of usury laws is a direct result of our Judeo-Christian background. And even Islamic banking, which follows in the same tradition. But clearly interest on money lent or borrowed has a, has been looked at non-objectively, let’s put it that way. So the shocking APR numbers if we apply them to renting a hotel room or renting an automobile or lending your father’s gold watch or your mother’s silverware to the pawnbroker for a month, the APRs come out similar. So the shock from these numbers is, we recognize the shock here because we are used to calculating interest rates on loans but not interest rates on anything else. And it’s human nature to want to hear bad news and it’s, you know, the media understands this and so they report bad news more often than good news. We don’t hear this. It’s like the houses that don’t burn down and the stores that don’t get robbed.
In most cases, YES! Online payday loans are easy to get as long as you are at least 18 years old, have a bank account, have a reliable source of regular income and are a U.S. citizen or permanent U.S. resident!
A small percentage of payday lenders have, in the past, threatened delinquent borrowers with criminal prosecution for check fraud. This practice is illegal in many jurisdictions and has been denounced by the Community Financial Services Association of America, the industry’s trade association.
As for federal regulation, the Dodd–Frank Wall Street Reform and Consumer Protection Act gave the Consumer Financial Protection Bureau (CFPB) specific authority to regulate all payday lenders, regardless of size. Also, the Military Lending Act imposes a 36% rate cap on tax refund loans and certain payday and auto title loans made to active duty armed forces members and their covered dependents, and prohibits certain terms in such loans.
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.
A payday loan is a type of short-term borrowing where a lender will extend high interest credit based on a borrower’s income and credit profile. A payday loan’s principal is typically a portion of a borrower’s next paycheck. These loans charge high interest rates for short-term immediate credit. These loans are also called cash advance loans or check advance loans.
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?
CFPB found that 80 percent of payday borrowers tracked over ten months rolled over or reborrowed loans within 30 days. Borrowers default on one in five payday loans. Online borrowers fare worse. CFPB found that more than half of all online payday instalment loan sequences default.
The adviser, Rick Gates, was a deputy to Trump’s campaign chairman Paul Manafort and stayed on as a liaison between Trump’s transition team and the Republican National Committee after the election, well after Manafort was forced to step down over his alleged ties to dirty Ukrainian money. Manafort and Gates’s arrival to the campaign team coincided with the most pivotal Russia-related episode of the election: the release of emails that had been stolen from the Democratic National Committee by hackers working for the GRU, Russia’s premier military-intelligence unit. The GRU remained at the center of the Russians’ interference campaign, using the Guccifer 2.0 persona, DCLeaks.com, and WikiLeaks to publish the hacked material in droves before the election. Gates and Manafort, meanwhile, remained in touch with the former GRU officer who the special counsel’s office believes was still connected to Russian intelligence services during the election—raising new questions about what the campaign officials knew about Russia’s hack-and-dump scheme.
DeYOUNG: OK, in a short sentence that’s highly scientific I would begin by saying, “Let’s not throw the baby out with the bathwater.” The question comes down to how do we identify the bath water and how do we identify the baby here. One way is to collect a lot of information, as the CFPB suggests, about the creditworthiness of the borrower. But that raises the production cost of payday loans and will probably put the industry out of business. But I think we can all agree that once someone pays fees in an aggregate amount equal to the amount that was originally borrowed, that’s pretty clear that there’s a problem there.
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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.
WERTH: So far, so good. But I think we should mention two things here: one, Fusaro had a co-author on the paper. Her name is Patricia Cirillo; she’s the president of a company called Cypress Research, which, by the way, is the same survey firm that produced data for the paper you mentioned earlier, about how payday borrowers are pretty good at predicting when they’ll be able to pay back their loans. And the other point, two, there was a long chain of e-mails between Marc Fusaro, the academic researcher here, and CCRF. And what they show is they certainly look like editorial interference.
Since the very beginning of our interactions with Mrs. Shank’s practice, the entire staff has made an otherwise intimidating and uncomfortable experience, go as smoothly as possible for us. From our initial consultation with Dallas …MoreSince the very beginning of our interactions with Mrs…. Read More
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:
After you have made your decision, you will need to provide your electronic signature which will enter you into a contract with your lender. Then that lender can deposit the offered funds into your bank account in as soon as the following business day.
DEYOUNG: That’s a very standard disclaimer. The Federal Reserve System is rather unique among regulators across the world. They see the value in having their researchers exercise scientific and academic freedom because they know that inquiry is a good thing.
Which suggests there is a small but substantial group of people who are so financially desperate and/or financially illiterate that they can probably get into big trouble with a financial instrument like a payday loan.
If your bank (the “paying bank”) returns a debit entry to your bank account, then you must pay an additional returned item fee of $15. We charge you only one returned item fee per deferred deposit transaction no matter how many times the paying bank returns an item.
Lastly, much of what we do is informed by our own experiences as well as the experiences of our readers. We want to tell your stories if you’re interested in sharing them. Please email us at story ideas [at] credit [dot] com with ideas or visit us on Facebook or Twitter.
There are a variety of loan types available to you with Snappy Payday Loans. The following are some of the more common types of loan products offered: Payday Loans, Installment Loans, Lines of Credit, Revolving Credit Plans. Once you select the state you reside in, you will be notified of the type of loan products available. As always, please review your loan documents carefully before you sign to ensure you understand the type of loan and terms being offered. Loans types and terms will vary by state law.
Below is a transcript of the episode, modified for your reading pleasure. For more information on the people and ideas in the episode, see the links at the bottom of this post. And you’ll find credits for the music in the episode noted within the transcript.
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