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.
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?
A Review of the Department of Defense’s Report on Predatory Lending Practices Directed at Members of the Armed Forces and Their Dependents, hearing in the U.S. Senate Committee on Banking, Housing. & Urban Affairs, (September, 2006).
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.
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.
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.
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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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?
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.
Donald Trump allegedly told the porn actress Stormy Daniels in a hotel room in Lake Tahoe in 2006. “After that proposal, you will be able to go on [The Celebrity Apprentice] as Daniels told Anderson Cooper on 60 Minutes on Sunday night, she went to the bathroom, and when she came out, Trump had relocated herself to the end of the bed. It was clear, she said, what she assumed would happen next.
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‘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.
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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.
DEYOUNG: Oh, I think that our history of usury laws is a direct result of our Judeo-Christian background. And even Islamic banking, which follows in the same tradition. But clearly interest on lent or borrowed money has, has been looked at non-objectively, let’s put it that way. So the shocking APR numbers if we apply them to rent a hotel or rent a car or lend your father’s gold watch or your mother’s silverware to the pawnbroker for a month, the APRs come out similar. So the shock from these numbers is, we recognize the shock here because we are used to calculate interest rates on loans but not interest rates on anything else. And it’s human nature to want to hear bad news and it’s, you know, the media understands this and so they report bad news more often than good news. We do not hear this. It’s like the houses that do not burn down and the stores that do not get robbed.
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.
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.
Maybe that’s about as good as it gets on the fringe. Outrage is easy, and outrage is warranted-but maybe payday lenders should not be its main target. The problem is not just that people who desperately need a $ 350 loan can not get it at a affordable rate, but that a growing number of people need that loan in the first place.
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).
DeYOUNG: Well, in a short sentence that’s very scientific I would start by saying, “Let’s not throw the baby out with the bathwater.” The question comes down to how we identify the water here and how do we identify the baby here. One way is to collect a lot of information, as the CFPB suggests, about the creditworthiness of the borrower. But that brings up production cost of payday loans and will probably put the industry out of business. But I think we can all agree that once someone pays a fee in an aggregate amount equal to the amount that was originally borrowed, that’s pretty clear that there’s a problem there.
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Later on, the payday lenders gave Mann the data that showed how long it really took those exact customers to pay off their loans. About 60 percent of them paid off the loan within 14 days of the date they were predicted.
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?
Many Americans still could not secure loans at that rate; their risk of default was deemed too great. Some of them eventually turned to the mob, which grew strong during the Prohibition.
It’s important that you realize cash loans are designed to fulfill your short-term financial needs and should never be used as a regular or long-term lending source. With that in mind, you should only apply to borrow what you can comfortably repay by your next paycheck. Make sure that you are in your regular bills such as rent, food, and utilities when making your calculation. Cashloan.net is interested in helping you meet your financial emergency, but we are not interested in perpetuating your debt.
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.
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.
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.
CHRISTOPHER WERTH: Right. Well, it’s a non-profit watchdog, relatively new organization. Its mission is to expose corporate and political misconduct, primarily by using open-record applications, such as the Freedom of Information Act or FOIA applications, to produce evidence.
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.
Which suggests there is a small but substantial group of people who are so financially desperate and
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.
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WERTH: The best example concerns a economist named Marc Fusaro at Arkansas Tech University. So, in 2011, he released a paper called “Do Payday Loans Trap Consumers in a Cycle of Debt?” And his answer was, basically, no, they do not.
DUBNER: Obviously the history of lending is long and often, at least in my reading, tied to religion. There is a prohibition against it in Deuteronomy and elsewhere in the Old Testament. It’s in the New Testament. In Shakespeare, the Merchant of Venice was not the hero. So, do you think that the general view of this kind of lending is colored by an emotional or moral argument too much at the expense of an economic and practical argument?
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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. ”
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Last year, bike sharing took off in China, with thousands of bike-share companies quickly flooding city streets with millions of brightly colored rental bicycles. However, the rapid growth was largely outpaced immediate demand and overwhelmed Chinese cities, where infrastructure and regulations were not prepared to handle sudden flood of millions of shared bicycles. Riders would park bikes anywhere, or just abandon them, resulting in bicycles piling up and blocking already-crowded streets and pathways. As cities impounded derelict bikes by the thousands, they moved quickly to cap growth and regulate the industry. Big batteries of impounded, abandoned, and broken bicycles have become a familiar sight in many big cities. As many of the companies have been in the bigger and too early have begun to fold, their huge surplus of bicycles can be found collecting dust in large vacant lots. Bike sharing remains very popular in China, and will probably continue to grow, only at a more sustainable rate. Meanwhile, we are left with these images of speculation gone wild-the piles of debris left behind after the bubble bursts.
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?
You do your best to ask as many questions as you can of the research and of the researchers themselves. You ask where the data comes from, whether it means really what they say it means, and you ask them to explain why they might be wrong, or compromised. You make the best judgment you can, and then you move forward and try to figure out how the research really matters. Because the whole idea of the research, is likely to help solve some big problem.
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WINCY COLLINS: I advise everyone, “Do not even mess with those people. They are rip-offs “I would not go back again. I do not even like to walk across the street past it. That’s just how pissed I was, and so hurt.
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DUBNER: Now, Bob, the blog post is a pop version of a meta-study, which rolls up other research on different pieces of the issue. I’m sorry that the studies that you cite in the post are not just the biased rantings of some ultra-right-wing pro-market-at-all-cost lunatics. And I realize that at least one of the primary studies was authored by yourself, so I guess I’m asking you to prove that you are not an ultra-right-wing pro-market-at-all-cost lunatic.
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.
The Military Lending Act Five Years Later: The High-Cost Small Dollar Loan Market, and the Campaign against Predatory Lending, by Jean Ann Fox, Consumer Federation of America (May, 2012).
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Ultimately, Tambu worked out payment plans with her lenders that allowed her to pay them back in installments. In order to make the payments, she took a second job job in the middle of the night at a two-door bar from Check Center. She told me that she paid off “a big chunk” of her loans but then had to quit her job; The hours were too tough on her, and she did not see her enough daughter. Still, she told me, “I might go back. I really need the money. ”
Let’s talk about how a day pay loan works. An individual who needs immediate cash due to a personal emergency can obtain a “payday loan” from any of the many payday loans companies across Texas. The borrower agrees to pay an exorbitant interest rate – often over 500 percent-for the loan. The borrower then gives the payday lender a post-dated check which is dated the same day as his
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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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