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.
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DeYOUNG: Right now, there are very little information about rollovers, the reasons for rollovers, and the effects of rollovers. And without academic research, the rule is going to be based on who shouts the loudest. And that’s a 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 has 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 does not flip the borrower into another loan, does not encourage the borrower to find another payday lender. At that point the lender’s main is then switched into a different product, a long term loan where he or she pays it a bit bit every month.
Customer Notice: Payday Loans are typically for two-to-four-week terms (up to six months in IL). Some borrowers, however, use Payday Loans for several months, which can be expensive. Payday Loans (also referred to as Payday Progress, Cash Progress, Deferred Deposit Transactions
Freakonomics Radio is produced by WNYC Studios and Dubner Productions. Today’s episode was produced by Christopher Werth. The rest of our staff include Arwa Gunja, Jay Cowit, Merritt Jacob, Greg Rosalsky, Kasia Mychajlowycz, Alison Hockenberry and Caroline English. Thanks also to Bill Healy for his help with this episode from Chicago. If you want more Freakonomics Radio, you can also find us on Twitter and Facebook and do not forget to subscribe to this podcast on iTunes or anywhere else you get your free, weekly podcasts.
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.
Race Matters: The Concentration of Payday Lenders in North Carolina, by Uriah King, Wei Li, Delvin Davis and Keith Ernst, The Center for Responsible Lending (March, 2005).
need it. Now, it’s not surprising you that the payday industry does not 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.
It may not even surprise you to learn that the Center for Responsible Lending – the non-profit that’s fighting predatory lending – that it was founded by a self-help Credit Union, which would likely stand to benefit from the elimination of payday loans. And that among the Center’s many funders are banks and other mainstream financial institutions.
Tambu and I sometimes stayed in the sun on the steps outside the building during our lunch and coffee breaks. When I told her about my research, she volunteered to tell me her own story of how she ended up both giving out loans and taking them out herself.
The last time Tambu and I talked, she told me about a job she had recently started, working at a veterinary hospital. “This is a career-a real job,” she told me. Tambu hopes that she will finally be able to set aside twenty-five dollars from each paycheck, and maybe start taking classes at a local college to work towards degree in counseling.
DEYOUNG: Well, I do not know what the president would buy. You know, we have a problem in society right now, it’s getting worse and worse, we go to loggerheads and we’re very bad at finding solutions that satisfy both sides, and I think this is a solution that does satisfy both sides, gold could at least satisfy both sides. It keeps the industry running for folks who value the product. On the other hand it identifies folks using it incorrectly and allows them to get out without you knowing being more trapped.
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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.”
Worse yet, she says, borrowers have almost no choice but to roll over their loans again and again, which jacks up the fees. In fact, rollovers, Standaert says, are an important part of the industry’s business model.
Does a researcher who’s out to make a splash with some sexy finding necessarily work with more bias than a researcher who’s working out of pure intellectual curiosity? I do not think that’s necessarily so. Like life itself, academic research is a case-by-case scenario.
First, Mann wanted to gauge borrowers’ expectations – how long they thought it would take them to pay back a payday loan. So he created a survey that was given out to borrowers in a few dozen payday loan shops across five states.
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WERTH: He was communicating with CCRF’s chairman, a lawyer named Hilary Miller. He is the president of the Payday Loan Bar Association. And he’s testified before Congress on behalf of payday lenders. And as you can see in the e-mails between him and Fusaro, again the professor here, Miller was not only reading drafts of the paper but he was making all kinds of suggestions about the paper’s structure, its tone, its content. And finally what you see is Miller writing whole paragraphs that go pretty much verbatim straight into the finished paper.
If you take out a payday loan that is equal to your next check, you will not have to pay any bills or make it to the next paycheck. That leaves you in a cycle where you are lining up your next loan as you pay off the first. Payday loan alternatives can help you avoid that debt cycle and still get the capital you need.
LendUp does not have rollovers (taking a new loan to pay off the old one, which means you do not really pay off your loan, leaving you always paying on debts). If you can not pay your loan on time, we will work with you to find a solution – without the dangerous debt traps rollovers can lead to.
Some payday loan companies gather your personal information and then shop around for a lender. That means your information can go out to third parties as part of the lending process. Other companies will even sell contact information, leaving you dealing with sales calls and spam emails. LendUp protects customer information and will never sell it.
DUBNER: Well, Christopher, that defense sounds, at least to me, like pretty weak sauce. I mean, the university writing center does not have as much vested interest in the outcome of my writing as an industry group does for an academic paper about that industry, right?
, gesturing at the area surrounding Check Center, where the drug dealers hang out in front of the store and bullet holes riddled the storefront, “you should see where I live. It makes this place look like Beverly Hills. ”
Lisa J. Servon is a professor and former dean at the Milano School of International Affairs, Management, and Urban Policy at the New School. She studies and conducts research in the areas of urban poverty and economic development. Her books include “Bootstrap Capital: Microenterprises and the American Poor” and “Bridging the Digital Divide: Technology, Community, and Public Policy.”
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If you find some of the modern economic scenario, most people have at least one horse in every race, which makes it difficult to separate advocacy and reality. So let’s go where Freakonomics Radio often goes when we want to find someone who does not have a horse in the race: to academia. Let’s ask some academic researchers if the payday-loan industry is really as nasty as it looks.
Demand for small-dollar loans may be rising partly because of the growing availability of payday loans. But a more significant factor seems to be that an increasing number of people are unable to make ends meet. Real wages have declined significantly since 1972, and more than a quarter of people in the U.S. have no emergency savings whatever. The demand for payday loans remains because the wages of these Americans are not sufficient to pay for basic needs, much less put something aside. Meanwhile, mainstream financial services have all but left low-and-moderate-income groups. And the incentives that enable higher-income earners to save and invest are nonexistent for those with lower incomes.
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The law in the United States is very clear – debtors can not be charged for failing to pay a debt. Our U.S. Constitution prohibits imprisonment for debt. Our bankruptcy laws are federal laws that allow debtors to file for bankruptcy protection when they are unable to repay their debts. In addition, debt collection is a civil law matter, not a criminal matter. A creditor may pursue a collection of debt through the civil courts in the United States; However, debtors can not be prosecuted in criminal court for not paying a debt.
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