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But if the only explanation for high rates were that lenders can, so they do, you would expect to see an industry awash in profits. It is not, especially today. Ernst & Young released a study, commissioned by the Financial Service Centers of America, to find that the ‘average profit margin before tax and interest was less than 10 percent. (For the sake of comparison, over the past five quarters, the consumer-financial-services industry has averaged a pre-profit profit rate of more than 30 percent, according to CSIMarket, a provider of financial information.) A perusal of those financial statements that are public confirms a simple fact: As payday lending exploded, the economics of the business worsened-and are today no better than middling. The Community Financial Services Association argues that at 36 percent rate cap, the one in place for members of the military, is a death knell because payday lenders can not make money at that rate, and this seems to be correct. In states that their rates are at 36% per year or lower, the payday lenders vanish. In New York, which caps payday loans at 25 percent a year, there are no stores at all.
“I’m a working woman again,” she told me, in the common room of the old apartment where she now lives, in California’s Inland Empire. Gordon has worked a number of odd jobs throughout his life-as a house cleaner, a home health assistant, a telemarketer, a librarian, a fundraiser-but at many times in his life, he did not have a steady job that paid in Social Security. She did not receive a pension. And she definitely was not making enough money for retirement.
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After studying the millions of payday loans, the Consumer Financial Protection Bureau found that 67 percent went to borrowers with seven or more transactions per 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, says 36 percent interest-rate cap, says, “The typical borrower experience involves long-term indebtedness-that’s core to the business model.”
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 very ambiguous. One study shows that payday lending makes local communities more resilient; another says it increases personal bankruptcies; and so on.
DEYOUNG: Studies that have looked at this have found that once you control for the demographics and income levels in these areas and these communities, the racial characteristics no longer drive the location decisions. As you can expect, business people do not care what color their customers are, as long as their money’s green.
There’s one more thing I want to add to today’s discussion. The payday-loan industry is, in a lot of ways, a simple target. But the more I think about it, the more it looks like a symptom of a bigger problem, which is this: remember, to get a payday loan, you need to have a job and a bank account. So what does it say about an economy in which millions of working people make so little money that they can not pay their bills, that they can not absorb one hit like a ticket for smoking in public?
Consumer Notice: Payday loans are intended for short-term financial needs only, and should
Back when he was a private businessman, Trump learned how to use law as a weapon. The lesson he took from that is that if your pockets are deep enough – and your conscience dull enough – it does not matter that you are wrong. The other party will be broken before you will lose.
The Consumer Financial Protection Bureau does not have the power to ban payday lending outright, or to set a nationwide interest-rate cap, but it can act to prevent deemed “unfair, abusive, or deceptive” practices. In March 2015, it announced that it was considered a set of rules for most small-dollar loans (up to $ 500) that consumers are required to repay within 45 days. The goal is to put an end to payday-lending debt traps.
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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 costs over $ 3.4 billion per year from low-income consumers stuck in the payday-loan debt trap.
Fulmer says that payday-loan interest rates are not almost as predatory as they seem, for two reasons. First: When you hear “400 percent on an annualized basis,” you might think that people are borrowing the money for a year. But these loans are designed to be held for just a few weeks, unless, of course, they get rolled over a bunch of times. And, reason number two: because payday loans are so small – the average loan is about $ 375 – the fees need to be relatively high to make it worthwhile for the lender. For every $ 100 borrowed, Fulmer says, the lender gets about $ 15 in fees. So, capping the rate at an annualized 36 percent just would not work.
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?
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The Twisted Economics of Payday lending can not be separated from its natural predatory. The industry has always insisted that its products are intended for short-term emergency use and that it does not encourage repeat borrowing-the debt trap. “It’s like the tobacco industry saying that smoking does not cause cancer,” says Sheila Bair, former president of the Federal Deposit Insurance Corporation. Study after study has found that repeating borrowing accounts for a large share of the industry’s revenues. Flannery and Samolyk found that “high per-customer loan volume” helps payday lenders cover their overhead and offset defaults. At a financial-service event in 2007, Daniel Feehan, then CEO of the payday lender Cash America, said, according to multiple reports (here and here), “The theory in the business is that you have got that customer , work to turn it into a repetitive customer, long-term customer, because that’s where the profitability is. ”
The problem we’ve been looking at today is pretty straightforward: there are a lot of low-income people in the U.S. who has come to rely on a financial instrument, the payday loan, which 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.
Some other academic research we’ve mentioned today does not recognize the role of CCRF in providing industry data – like Jonathan Zinman’s paper which showed that people suffered from the disappearance of payday-loan shops in Oregon. Here’s what Zinman writes in an author’s note: “Thanks to the Consumer Credit Research Foundation (CCRF) for providing home survey data. CCRF is a non-profit organization, funded by payday lenders, with the mission of funding objective research. CCRF did not exercise any editorial control over this paper. ”
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The CFPB does not have the authority to limit interest rates. Congress does. So what the CFPB is asking for is that payday lenders either thoroughly evaluate the borrower’s financial profile or limit the number of rollovers for a loan, and offer easy refund terms. Payday lenders say even these regulations may just be put out of business – and they may be right. The CFPB estimates that the new regulations can reduce the total volume of short-term loans, including payday loans but other types as well, by roughly 60 percent.
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 happen, you may want to seek legal assistance.
To date, the debates about payday loans have been focused solely on the supply side of the issue-the payday lending-and not on the demand side-the borrowers. Lately, however, the body of research in the latter has been growing. A recent report by the Center for Financial Services Innovation highlights several categories of small-dollar credit borrowers. Tambu is not representative of the entire payday market, but according to the center’s research, borrowers seeking loans because of an unexpected expense represent thirty-two per cent of the over-all market. Policy recommendations, however, are focused on the regulation of the industry, rather than on the conditions that lead people to seek out small, expensive loans in the first place.
DEYOUNG: Yes, I like to think of myself as an objective observer of social activity, as an economist. But there is one section of the blog where we highlight mixed evidence. That helps you to reduce the risk of money at home level. And we also point to, I believe, an equal number of studies in that section that find the exact opposite. And then of course there is another section in the blog where we point directly to rollovers and rollovers is where the rubber hits the road on this. If we can somehow predict which folks will not be able to handle this product and will roll it over incessantly, then we can impress on payday lenders not to make the loans to those people. This product, in fact, is especially badly suited to predict this because the payday lender gets a small number of pieces of information when she makes the loan, as opposed to the information that a regulated financial institution would collect. The cost of collecting that information, of underwriting the loan in the traditional way that a bank would be, would be too high for the payday to offer the product. If we load up additional costs on the production of these loans, the loans will not be profitable any longer.
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Now, we should say, that when you are an academic study of a particular industry, often the only way to get the data is from the industry itself. It’s a common practice. But, as Zinman noted in his paper, as the researcher you draw the line at letting the industry or industry advocates influence the findings. But as our producer Christopher Werth learned that it has not always been the case with payday-lending research and the Consumer Credit Research Foundation, or the CCRF.
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There are plenty of takeaways from Daniels’s 60 Minutes interview. There’s the fact that Daniels said someone threatened her safety in front of her daughter in a parking lot in Las Vegas in 2011, telling her to “Leave Trump alone-forget the story.” There’s Cooper’s second focus on campaign-finance law, and how Trump and his lawyer Michael Cohen may have broken it with the $ 130,000 payment Daniels says Cohen gave him. There’s Daniels’s firm repudiation of anyone who suggests that she’s a victim in this situation.
RONALD MANN: I have a general idea that people who are really tight for money know 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 people who borrow from payday lenders have a 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.
Indeed, even those who work in the industry recognize that these loans are imperfect solutions to the growing demand for small loans. John Weinstein, a third-generation check casher and the president of Check Center, told me that he recognizes the problems (mentioned in a series of recent Pew reports) associated with repeat borrowing. Weinstein believes that “changes in the industry are inevitable.”
Under government fire, this appears, based on the business model, to be true-not only would the regulations eliminate the very loans from which the industry makes its money, but they would also introduce significant new underwriting expenses on every loan.
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