DeYOUNG: We need to do more research and try to find out the best ways to regulate rather than the rules that are being pursued now that would eventually shut down the industry. I do not want to come as a 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 who are made better by them do not lose access to this product.
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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 certainly 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 is little evidence that a proliferation of payday lenders produces this consumer-friendly competitive effect. What’s the difference: There are more than double-paid loans in those states (Idaho, South Dakota, Texas, and Wisconsin). by residents of some other states, according to Pew. In the state where the interest rate is capped, the rate that payday lenders charge gravitates right to the cap. “In the race to the lowest rates, it’s a race to the highest rates,” says Tom Feltner, director of financial services at the Consumer Federation of America.
DUBNER: Wowzer. That does sound pretty damning – that the head of a research group funded by payday lenders is essentially ghostwriting parts of an academic paper that happens to reach pro-payday lending conclusions. Were you able to speak with Marc Fusaro, the author of the paper?
“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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Which suggests there is a small but substantial group of people who are so financially desperate and
FULMER: It would take the $ 15 and it would make that fee $ 1.38 per $ 100 borrowed. That’s less than 7.5 cents per day. The New York Times can not sell a newspaper for 7.5 cents a day. And somehow we are expected to be unsecured, relative, $ 100 loans for a two-week period for 7.5 cents per day. It just does not make economical sense.
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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.”
Now, however, the storefront-payday-lending industry is embattled. In 2006, after the outcropping of payday lenders near military bases, Congress passed a law capping at 36 percent the annualized rate that lenders could charge members of the military. In response to pressure from consumer advocates, many states have begun trying to reinforce the industry, through either regulation or outright banners. Lenders have excelled at finding loopholes in these regulations. However, according to Pew, the number of states in which payday lenders operated has fallen from a peak of 44 in 2004 to 36 this year. Nationwide, according to the Center for Financial Services Innovation, “single-payment credit” -so named because the amount of borrowed is due in one lump sum-barely has grown from 2012 to 2014.
That does sound sound, does not it? A typical credit card rate is around 15 percent, maybe 20 or higher if you have bad credit. But to the payday-loan industry, a proposal of 36 percent is not reasonable at all.
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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.
The payday industry, and some political allies, argue that the CFPB is trying to deny credit to people who really
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.
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Consumer advocates argue that lenders take advantage of situations like this, knowing full well that a significant number of borrowers will be unable to repay payday loans when they come due. Because the borrowers roll over their old loan, or pay back the first loan and immediately take out another, the advocates argue, they get trapped in a cycle of debt, repaying much more than they borrowed. Those who own and manage payday-loan shops stand by the products they sell, maintaining that they are lenders of the last resort for borrowers like Tambu, who have no other options.
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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.
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.
As it happens, Tambu and I met while we were working at the Check Center, check-in casher and payday lender in a low-income neighborhood in downtown Oakland. As a part of a research project designed to better understand why an increasing number of Americans use payday lenders and check cashers, I spent two weeks in October working as a teller and collections agent, calling delinquent borrowers at Check Center. Before that, I spent four months as a teller at a casher in the South Bronx, and one month staffing the Predatory Loan Help Hotline at the Virginia Poverty Law Center.
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.
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.
Diane Standaert is the director of state policy at the Center for Responsible Lending, which has offices in North Carolina, California, and Washington, D.C. The CRL calls itself a “nonprofit, non-partisan organization” with a focus on “fighting predatory lending practices.” You’ve probably figured out that the CRL is anti-payday loan. Standaert argues that payday loans are often not used how the industry markets them, as a quick solution to a short-term emergency.
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.”
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Perhaps a solution of sorts-something that is better, but not perfect-could come from more modest reforms to the payday-lending industry, rather than trying to transform it. There are some evidence that smart regulation can improve the business for both lenders and consumers. In 2010, Colorado revised its payday-lending industry by reducing the permissible fees, extending the minimum term of a loan to six months, and requiring that a loan be repayable over time, instead of coming due all at once. Pew reports that half of the payday stores in Colorado are closed, but now everyday payday borrowers are paying 42% less in fees and defaulting less frequently, with no reduction in access to credit. “There’s been a debate for 20 years about whether to allow payday lending or not,” says Pew’s Alex Horowitz. “Colorado shows it can be much, better.”
DUBNER: Well, here’s what seems to me, at least, the puzzle, which is that repeat rollovers – which represents a relatively small number of the borrowers
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