Tambu already knew that she would not be able to pay the loan back on time using her paychecks: she needed every dollar to pay her rent and utilities, and to buy food. Although many states allow lenders to “roll over” and refinance loans, California does not. Tambu paid back the first loans and then took out more from the same five lenders, with a second round of fees-effectively extending the length of the first ones. When the lenders tried to withdraw the money she had from her checking account, she did not have enough funds and was hit with overdraft fees that quickly mounted to three hundred dollars. Tambu paid off the overdraft charges and closed its account.
DIANE STANDAERT: From the data we’ve seen, payday loans are disproportionately concentrated in African-American and Latino communities, and that African-American and Latino borrowers are disproportionately represented among the borrowing population.
payday lenders work is over their collection process. The truth is you can not be made to repay more than you can afford. We can tell you how much that is and crucially we can help you prove that to the payday lender.
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.
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USA Today tallied the heavy-handed Trump litigation strategy back in June 2016. Over three decades, Trump fought 3,500 lawsuits-and faced 200 mechanic’s-mostly arising issues from disputes over unpaid bills. His strategy was to contest everything, and never quit: “The Trump teams financially overpower and outlast much smaller opponents, draining their resources. Some just give up the fight, or settle for less; some have ended up in bankruptcy or out of business altogether. ”
MANN: And if you went to the counter and asked for a loan, they would hand you this sheet of paper and say, “If you’ll fill out this survey for us, we’ll give you $ 15 to $ 25, “I forget what one was. And then I get the surveys sent to me and I can look at them.
you, your bank controls when you have access to it.
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. ”
DeYOUNG: Borrowing money is like renting money. You have to use it for a few weeks. You could rent a car for two weeks, right? You get to use that car. Well, if you calculate the annual percentage rate on that car rental – that means that you divide the amount you pay on that car by the value of that automobile – you get similarly high rates. So this is not about interest. This is about short-term use of a product that’s been lent to you. This is just arithmetic.

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Fulmer’s firm, Advance America, runs about 2,400 payday loan shops, across 29 states. All in, there are roughly 20,000 payday shops in the U.S., with total loan estimated at around $ 40 billion per year. If you were back to the early 1990s, there were fewer than 500 payday-loan stores. But the industry grew as many states relaxed their usury laws – many states, but not all. Payday lending is prohibited in 14 states, including much of the north and in Washington, D.C. Another nine states allow payday loans but only with more borrower-friendly terms. And that leaves 27 states where payday lenders can charge in the neighborhood of 400 percent interest – states ranging from California to Texas to Wisconsin to Alabama, which is what drew President Obama there.
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.”
DEYOUNG: If we take an objective look at the folks who use payday lending, what we find is that most users of the product are very satisfied with the product. Survey results show that almost 90 percent of the users of the product say that they are either somewhat satisfied or very satisfied with the product afterwards.
FULMER: If you associate the cost of paying our rent to our local owners, paying our light bill and electrical fees, paying our other fees to local merchants who provide services to us, we operate on a relatively thin margin.
Bob DeYoung makes a very complicated argument about the use of payday loans. Instead of “trapping borrowers in a cycle of debt,” as President Obama and other critics put it, DeYoung argues that payday loans can help people avoid a cycle of debt – like the late payment of your company company charges for an unpaid bill; like the overdraft fees or bounced-check your bank fees may charge you.
The payday industry, and some political allies, argue that the CFPB is trying to deny credit to people who really
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DeYOUNG: They do not 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.
‘M happy for that kind of advice. I’ve taken papers to the university writing center before and they’ve helped me make my writing more clear. And there’s nothing scandalous about that, at all. I mean the results of the paper have never been called into question. Nobody had suggested I changed any other results or anything like that based on any comments from anybody. Frankly, I think this is much ado about nothing.
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.”
, 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. ”
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DeYoung, along with three co-authors, recently published an article about payday loans on Liberty Street Economics. That’s a blog run by the Federal Reserve Bank of New York. Another co-author, Donald Morgan, is Assistant Vice President at the New York Fed. The article is entitled “Reframing the Debate About Payday Lending.”
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.
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 named Cypress Research, which is 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 will 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 the CCRF. And what they show is they really look like editorial interference.
garnishment occurs when your employer has a legally required portion of your pay for your debts. Bank garnishment occurs when your bank or credit union is served with a garnishment order. The bank or credit union then holds an amount for the payday lend or collector as allowed by your state law. Each state will have different procedures, as well as exemption from garnishment, which applies to both the wage and banking garnishment process. For instance, under federal law certain benefits or payments are generally exempt from garnishment.
DUBNER: OK, so this is interesting that a watchdog group that will not reveal its funding is going after an industry to try to influence academics that’s funding. So should we assume that CFA, the watchdog, has some kind of horse in the payday race? Do we just not know?
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So we are left with at least two questions, I guess. Number one: How well is the one of the payday-loan research we’ve been telling you about today, pro or con? And number two: How do we have any academic research?
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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.
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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DeYoung also argues that most payday borrowers know exactly what they’re getting into when they sign up; that they’re not unwitting and desperate people who are being preyed on. He points to a key piece of research by Ronald Mann; That’s another co-author on the New York Fed blog post.
can evade it that easily.
MARC FUSARO: The Consumer Credit Research Foundation and I had an interest in the paper being as clear as possible. And if someone, including Hilary Miller, would take a paragraph that I had written and re-wrote it in a way that made what I was trying to say more clearly, I
FULMER: We have to wait for the final proposal rules to come out. But where they appear to go is down a path that would simply eliminate a product instead of reforming the industry or better regulating the industry.
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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 safe 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 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 that is only one step.

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