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There is no reason payday lending in its mainstream, visible form took off in the 1990s, but an important factor was deregulation. States began to roll back usury caps, and changes in federal laws helped lenders structure their loans so as to avoid the caps. By 2008, writes Jonathan Zinman, a economist at Dartmouth, payday-loan stores nationwide outnumbered McDonald’s restaurants and Starbucks coffee shops combined.
That makes plenty of sense in theory. Payday lending in its most unfettered form seems to be ideal for neither consumers nor lenders. As Luigi Zingales, professor at the University of Chicago, told a group of finance professionals in a speech speech last year, “The effective outcome can not be achieved without mandatory regulation.” One controversy is whether the office, in its zeal to protect consumers, is going too far. Under the plan it is now considering, lenders would have to make sure that borrowers can repay their loans and cover other living expenses without extensive defaults or reborrowing. These actions would really seem to curtail the possibility of people falling into debt traps with payday lenders. But the industry argues that the rules would be put out of business. And while a self-serving howl of pain is precisely what you would expect from any industry
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?
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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.
, because they do not have the storefront overhead. But they may have difficulty managing the fraud, and they themselves are difficult to police, so they may at times evade state caps on interest rates. So far, the rates charged by many Internet lenders seem to be higher, not lower, than those charged by traditional lenders. (Elevate Credit, which says it has a sophisticated, technological-based way of underwriting loans, brags that its loans for the “new middle class” are half the cost of typical payday loans – but it is selective in its lending, and still charges about 200 percent annually.) Promising out-of-the-box ideas, in other words, are in short supply.
DEYOUNG: Studies that have looked at this have found that once you control for the demographics and income levels in these areas and these communities, the racial characteristics no longer drive the location decisions. As you can expect, business people do not care what color their customers are, as long as their money’s green.
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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Fulmer says that payday-loan interest rates are not almost as predatory as they seem, for two reasons. First: When you hear “400 percent on an annualized basis,” you might think that people are borrowing the money for a year. But these loans are designed to be held for just a few weeks, unless, of course, they get rolled over a bunch of times. And, reason number two: because payday loans are so small – the average loan is about $ 375 – the fees need to be relatively high to make it worthwhile for the lender. For every $ 100 borrowed, Fulmer says, the lender gets about $ 15 in fees. So, capping the rate at an annualized 36 percent just would not work.
But when I staffed the window at Check Center, I was instructed to urge customers to take out the smallest possible loans that would serve their needs. And before I worked the phones as an agent collections, I was required to read the Fair Debt Collections Practices Act, which limits what lenders can say and do in the process of trying to get borrowers to repay their debts.
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Wisconsin, and Wyoming.
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).
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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.
heavy users, whose predictions are really bad. And I think that group of people seems to fundamentally not understand their financial situation.
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.
MANN: If you did not know what to do, that’s what you’re going to do, that’s just what it’s going to do because the data at least suggests that most people do have a fairly good understanding of what’s going to happen to them.
As I opened the CT scan last week to read the next case, I was baffled. The history just read “gun wound.” I have been a radiologist in one of the busiest trauma centers in the United States for 13 years, and have diagnosed thousands of handgun injuries to the brain, lung, liver, spleen, bowel, and other vital organs. I thought that I knew all that I needed to know about gunballs, but the specific pattern of injury on my computer screen was one that I had seen only once before.
But if the only explanation for high rates were that lenders can, so they do, you would expect to see an industry awash in profits. It is not, especially today. Ernst & Young released a study, commissioned by the Financial Service Centers of America, to find that the ‘average profit margin before tax and interest was less than 10 percent. (For the sake of comparison, over the past five quarters, the consumer-financial-services industry has averaged a pre-profit profit rate of more than 30 percent, according to CSIMarket, a provider of financial information.) A perusal of those financial statements that are public confirms a simple fact: As payday lending exploded, the economics of the business worsened-and are today no better than middling. The Community Financial Services Association argues that at 36 percent rate cap, the one in place for members of the military, is a death knell because payday lenders can not make money at that rate, and this seems to be correct. In states that their rates are at 36% per year or lower, the payday lenders vanish. In New York, which caps payday loans at 25 percent a year, there are no stores at all.
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RONALD MANN: I have a general idea that people who are really tight for money know more where their next dollar is coming from and going than the people that are not particularly tight for money. So, I generally think that the people who borrow from payday lenders have a better idea of how their finances are going to go for the next two or three months because it’s really a crucial item for them that they worry about every day. So that’s what I set out to test.
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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.
Which suggests there is a small but substantial group of people who are so financially desperate and
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.
To be sure, some payday lenders engage in abusive practices. During the month I staffed the Predatory Loan Help Hotline operated by the Virginia Poverty Law Center, I heard a lot of stories from people who had been harassed and threatened with lawsuits by businesses that routinely flute existing regulation.
DEYOUNG: That’s a very standard disclaimer. The Federal Reserve System is a unique alternative to regulators across the world. They see the value in having their researchers exercise science and academic freedom because they know that inquiry is a good thing.
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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.
Payday loans have been in the news a lot recently, but not all short-term loans carry the same risks. LendUp Loans are an alternative to traditional payday loans from a licensed lender. A typical payday loan is exactly that: You borrow money against your next paycheck. However, borrowing against your paycheck often imposes several restrictions on this type of lending:
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