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?
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.
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Wisconsin, and Wyoming.
Whatever you want to call it – wage deflation, structural unemployment, the absence of good-paying jobs – is not that a bigger problem? And, if so, what’s to be done about that? Next time on Freakonomics Radio, we will continue this conversation by looking at a strange, controversial proposal to make sure everyone’s got enough money to get by.
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.
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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.
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The content on this page provides general consumer information. It is not legal advice or regulatory guidance. The CFPB updates this information periodically. This information may include links or references to third-party resources or content. We do not support the third-party or guarantee the accuracy of this third-party information. There may be other resources that also serve your needs.
Tambu is still paying back the loan she got to fix her car last summer, visiting each of her five lenders on Wednesdays, her payday, and paying them twenty-two dollars each. When I asked Tambu whether, given her experience, she thought payday loans should be illegal in California, as they are in New York, she told me, “no, I think they should still exist. You know it’s undoable to take out five loans and be able to pay them back. But sometimes you have no choice. The reason I’m working so hard to pay these backs is that I want to be in good standing, in case I ever need another one. ”
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.
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.
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Furthermore, according to DeYoung’s own research, because the payday-loan industry is extremely competitive, the market tends to drive fees down. And while payday lenders get trashed by government regulators and activists, payday customers, he says, seem to tell a different story.
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Azlinah Tambu, a twenty-two-year-old single mother who lives in Oakland, California, recently found herself in a tough spot. Her car had broken down, and she needed to drop her off at work and to get to work. Tambu, an upbeat woman with glossy black hair and dazzling eyes, did not have the money for the repairs. She had no savings and credit card; she had no family or friends who could help her. So she took out five payday loans from five different payday lenders ranging from fifty to five dollars to three hundred dollars each. The fee to get the loan was fifteen dollars for each hundred dollars borrowed.
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.
On the critic side right now are the Center for Responsible Lending, who promotes 36 percent cap on payday lending, which we know puts the industry out of business. The CFPB’s proposed policy is to pay payday lenders to collect more information at the point of contact that if avoided allows payday lenders to really be profitable, deliver the product. Now that’s, that’s not the only plank in the CFPB’s platform. They advocate limiting rollovers and cooling-off periods and the research does not indicate that in states where rollovers are limited, payday lenders have got around them by paying the loan off by refinancing. Just start a separate loan with a separate loan number, evading the regulation. Of course that’s a regulation that was poorly written, if the payday lenders
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.
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.
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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?
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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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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.
Over the past few days, many have tried to disable John Bolton’s worldview, to get a sense of how he might shape the foreign policy of the Trump administration as he takes up the post of national-security adviser. His detractors have paid particular attention to his bellicose statements about North Korea, arguably the country’s most pressing security challenge, and his forceful critics of the Iran deal, which has been on the verge of unraveling for months. They’ve drawn the conclusion that Bolton has an unslakeable appetite for armed intervention that will lead the country to ruin. But although Bolton is often described as a rigid ideologist, he sees himself as a ruthless pragmatist who is more willing to use diplomatic means to advance U.S. interests. And if Bolton the pragmatist wines out, he will be well-placed to steer the Trump White House in a more coherent and constructive direction.
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