Payday Borrowing’s Debt Spiral to Be Curtailed
Source: New York Times
The payday loan industry, which is vilified for charging exorbitant interest rates on short-term loans that many Americans depend on, could soon be gutted by a set of rules that federal regulators plan to unveil on Thursday.
People who borrow money against their paychecks are generally supposed to pay it back within two weeks, with substantial fees piled on: A customer who borrows $500 would typically owe around $575, at an annual percentage rate of 391 percent. But most borrowers routinely roll the loan over into a new one, becoming less likely to ever emerge from the debt.
Mainstream banks are generally barred from this kind of lending. More than a dozen states have set their own rate caps and other rules that essentially prohibit payday loans, but the market is flourishing in at least 30 states. Some 16,000 lenders run online and storefront operations that thrive on the hefty profits.
Under the guidelines from the Consumer Financial Protection Bureau the watchdog agency set up in the wake of 2010 banking legislation lenders will be required in many cases to verify their customers income and to confirm that they can afford to repay the money they borrow. The number of times that people could roll over their loans into newer and pricier ones would be curtailed.
Read more: http://www.nytimes.com/2016/06/02/business/dealbook/payday-borrowings-debt-spiral-to-be-curtailed.html?_r=0
Omaha Steve
(99,494 posts)FIRE DWS!
Donate to Democratic Underground for Tim Canova FL-23 here: https://secure.actblue.com/contribute/page/du4timcanova
Payday lenders get a new ally.
http://www.huffingtonpost.com/entry/debbie-wasserman-schultz-paylenders-cfpb_us_56d4ce38e4b03260bf77e8fc
Zach Carter
Senior Political Economy Reporter, The Huffington Post
03/01/2016 11:04 am ET | Updated May 17, 2016
WASHINGTON Payday lenders have been gunning for the Consumer Financial Protection Bureau since the day President Barack Obama tapped Elizabeth Warren to set up the new agency. Theyve had plenty of help from congressional Republicans longtime recipients of campaign contributions from the payday loan industry. As the CFPB has moved closer to adopting new rules to shield families from predatory lending, the GOP has assailed the agency from every conceivable angle going after its budget, attempting to tie its hands with new layers of red tape, fomenting conspiracy theories about rogue regulators illegally shutting down businesses and launching direct attacks on payday loan rules themselves.
To date, the GOP blitz has resulted in a few close shaves for the young agency, but no actual defeats. But the industry has cultivated a powerful new ally in recent weeks: Democratic National Committee Chair Rep. Debbie Wasserman Schultz (D-Fla.).
Wasserman Schultz is co-sponsoring a new bill that would gut the CFPBs forthcoming payday loan regulations. Shes also attempting to gin up Democratic support for the legislation on Capitol Hill, according to a memo obtained by The Huffington Post.
LISTEN to HuffPosts analysis of the bill in the latest episode of the So That Happened politics podcast below. The discussion begins at the 53:35 mark:
FULL story and video at link.
Babel_17
(5,400 posts)She might become our next Joe Lieberman.
truthisfreedom
(23,139 posts)We certainly don't need predatory lending to our most vulnerable.
Android3.14
(5,402 posts)This is another reason why so many distrust the DNC, and consequently, also distrust HRC.
Enthusiast
(50,983 posts)ananda
(28,834 posts)DWS has got to go!
Stryst
(714 posts)Also? Bitchin' sig line.
Fuddnik
(8,846 posts)Most predatory and payday payday loan companies are owned, through subsidiaries of big banks.
They got the mob put out of the loan sharking racket, and came in with even worse rates.
TexasTowelie
(111,935 posts)Those payday loan companies come after you several years after you have paid your debt to try and collect again.
I'm still pestered with phone calls claiming that I debts from a company that I paid out the loan in 2008. If you take out any payday loans keep your paperwork forever.
Another company claims that I took out an online payday loan in 2012 when I left my job in 2010, moved away from the address listed, and also closed the bank account where I had the funds deposited.
Finally, keep in mind that most employees that work at payday loan companies aren't the brightest and don't expect to be working at the company for a long period of time so they can be shoddy with their record keeping and prone to make mistakes since they know that they are not likely to be around long enough to suffer any repercussions for their clerical errors.
trudyco
(1,258 posts)ReRe
(10,597 posts)Why can't regular banks cash people's paychecks? For free? Why can't employers cash their checks for free if the employee doesn't have a bank account? I hope these "businesses" go out of business because someone comes up with a way to provide banking services for the less privileged in our society.
It's legalized usury. Loan Sharking.
I need to google this. I have too many questions.
Warren Stupidity
(48,181 posts)to provide a free check services and other bank functions as an alternative to predatory payday scams. Of course that would be part of the Renew Deal that Clinton et al are running against.
ReRe
(10,597 posts)I've heard about the Post Office proposal and think it should be passed. And Hillary is against it? Has anyone on this blue dot questioned her about that position? What the heck has she got against it? What's her solution to the sad situation?
I did finally find a vague date for the beginning of the present-day payday loan "business." Coincidentally it begun in the early nineties. Remember the early nineties? GHWB and WJC were Presidents in the early 90s. Isn't that special?
Sunlei
(22,651 posts)ignored that.
Was a few years ago and of course our "anti-American citizen Congress" wants the US post office to fail.
LanternWaste
(37,748 posts)I've seen neither endorsement for nor against a postal banking system by Clinton. You'll of course, point us towards an unambiguous statement by her campaign flatly rejecting the idea, yes?
Surya Gayatri
(15,445 posts)sendero
(28,552 posts).. sound modest at best would be an understatement.
And WHY is Schultz still in her position?
indivisibleman
(482 posts)I wrote my representatives about our state's support for these vultures. They did reply but basically said they have tried but hit a brick wall. The thing is that their attempts were mild regulations and had nothing to do with making such businesses illegal.
I know someone who uses these loans from time to time. His parents racked up so much debt on credit cards that he refuses to ever use credit cards. Instead he uses pay day loans! Go figure.
TexasTowelie
(111,935 posts)normally have either have poor credit or no credit at all. By presenting proof that they have a job with regular income along with a checking account to write a check to the payday loan company they can easily access funds within 30 minutes to an hour. If they try and apply for a loan at a bank or credit union it might require days to obtain the loan instead or they would be denied outright.
If you need immediate access to funds such as for a car repair or some other unexpected expense then taking a payday loan does provide an alternative versus taking something to a pawn shop for a loan. The danger starts when payday loans are used to pay for routine expenses in a cycle or even worse--taking a loan out to pay for vacations or Christmas gifts.
indivisibleman
(482 posts)I have enough cash to buy this tv. Buy tv.
Oh oh, not enough money to pay rent, get payday loan to pay rent.
They have enough credit for a cc. They just don't want one. But of course the payday loan is much more expensive.
TexasTowelie
(111,935 posts)it certainly is a matter of their own foolishness to not obtain a credit card. The only thing that I can think of are that they limit the amount of indebtedness with a payday loan since the amount available on loan for a payday loan is usually much less than what can be obtained for most credit cards. With payday loans the amount of interest is usually capped while with a credit card there is no limit on how much interest can accrue.
indivisibleman
(482 posts)So they see it as a better deal but don't do the math.
jtuck004
(15,882 posts)...
No person should be living so close to the financial brink that he or she has to borrow against future wages just to pay the bills.
This is not the kind of debt people take on to improve their earning potential, like a business or student loan. This is the kind of debt people take on because their tanks have hit empty, and there's nowhere else to turn.
And more people are finding themselves in that situation more often these days. Here are three things that have happened in conjunction in America over the past decade: Debt loads have increased. Real earnings have stagnated. And payday lending has exploded -- while storefronts have declined from a high of 22,000 in 2007 to about 18,000 today, online lending has tripled in volume, to almost equal the $5 billion that flows through brick and mortar establishments.
https://www.washingtonpost.com/news/wonk/wp/2014/03/26/payday-loans-arent-the-problem-the-problem-is-poverty/
Note the need - not so much for "emergencies", but to get enough food for the next couple weeks, to pay a gas bill or the mortgage. This was written in 2014, and conditions are worse today for more people, and these loans are thus more necessary for more.
We should get rid of the profit, but it would hurt millions of people to remove this safety valve. On the other hand, unregulated loan sharks love it, 'cause they know no one will legislate the need away.
The problem is not payday lending, it is poverty. The answer is not to visit deprivation and hardship on those who it will hurt the most, instead of standing up to those who won't invest in American workers, our neighbors.
Kelvin Mace
(17,469 posts)Saying that "payday lenders aren't the problem" is simply not true. They are the problems, as are banks, utilities, credit bureaus, insurance companies, car dealers and anyone else that charges the poor more for services than they do more affluent consumers.
trudyco
(1,258 posts)Sunlei
(22,651 posts)Kelvin Mace
(17,469 posts)for individuals.
Sunlei
(22,651 posts)First several payments are pure interest.
TexasTowelie
(111,935 posts)and credit would not be available. Why take the risk of making a loan or offering credit when people default on loans (some might have good reasons such as the loss of jobs or medical expenses while others never have any intention of repaying the loans).
Sunlei
(22,651 posts)Kelvin Mace
(17,469 posts)which insures the poor stay poor is fine?
Fine, 24%, but ALL junk fees count toward the cap.
TexasTowelie
(111,935 posts)which is why it is a good thing to stay away from payday lenders altogether. I also don't believe that 24% (and possibly 240%) would be high enough for those businesses to make a sufficient profit to cover their costs. Most of the people taking loans at payday loan companies have bad credit and some have even declared bankruptcies. In addition, customers may have multiple payday loans outstanding with different companies so they may be competing with the other companies to be the first in line to collect on their loan.
If payday loan companies were getting the cream of the crop as clients and the loans ran for longer periods of time (say 6 months, 1 year or 2 years) then there would be less administrative costs involved so that they could charge lower interest rates. If there was an automatic debit made when the worker had a direct deposit made then it might also be possible to make loans at a lower rate. Instead these businesses are making signature loans with no secured collateral to the riskiest prospects out there. The workers also may not be employed at their current employer or lived at their residence for a long period of time. Usually the only documentation that is required is one or two pay stubs and a bill with a street address. They are intended to be solutions to be used only in desperate situations or while the customer can obtain financing from more conventional means such as borrowing from a 401k account, bank or credit union.
These companies do not have the volume of business to charge lower rates like a bank or credit union can and their overhead chasing down delinquent and defaulted loans is much greater than those of banks or credit cards. They don't even have anything to foreclose against or repossess if it is a signature payday loan. While the interest rates are predatory it should also be noted that more serious financial harm could occur if you aren't able to obtain medical help, utilities may be shut off or a loved one (who contributes to the household) needs to be bailed out of jail.
TexasTowelie
(111,935 posts)as long as people default on their loans. If businesses (banks or other lenders) did that then they couldn't pay their workers or other fixed expenses, credit would vanish entirely and the business would fold because it is no longer profitable. I agree that the interest rates are too high, but they are serving a clientele that has poor credit history who does not pay their bills reliably.
The payday lending industry takes into account that there are going to be people that are late paying their loans, collection activity (i.e., harassing phone calls), processing the checks they hold as collateral, outright defaults, and arbitration agreements. In the instances where the check amounts are large it could also include civil court cases for fraud and theft by deception which will involve attorneys. Finally, the parties that provide the capital to start the businesses also expect a return on their investment commensurate with the risk they are taking for making those loans.
Sunlei
(22,651 posts)every debit card transaction across the USA.
Plus banks have fees on everything even 'poor peoples' checking accounts. $180.00 a year (15 a month) just to have a basic low balance, checking account these days at banks like Chase.
Banks like Chase even have their tellers screw people who try to cash a small check drawn on their bank by an account holder.
I think the tellers get to keep the $8.00 (bonus??) they try to charge my elderly neighbor when I give her a $25.00 check. Got most of the tellers 'trained' they know me, but occasionally I have to call the teller and demand they wave the 'fee'.
They always drop the fee but it is a huge pain in the ass caused by Chase bank. Because they take advantage of low income people.
Let banks go out of business if they can't afford to "pay their employees" or stop with the CEO millions paychecks.
TexasTowelie
(111,935 posts)As far as withdrawals were concerned, my bank (Bank of America) didn't charge anything to me when I withdrew cash from one of their ATMs or when I visited a teller. I had an ATM in my office building where I could withdraw up to $700 per day. If I needed to withdraw more (which was a rare event) all I had to do was walk about 60 yards across the parking garage to see a teller since they were in a tower nearby. They did not charge anything for using my debit card for my transactions at stores and the only time that I ever paid a transaction fee was when I used an ATM that was not in their network.
You could also pay your neighbor with cash instead so that it isn't so much trouble for you to demand that they waive the $8 fee? I'm certain that your neighbor would appreciate not having to make a special trip to the bank to cash your $25 check, nor would she need to be concerned about losing the check, having the check bounce or having to explain those checks if she had her taxes audited.
I am glad that you are concerned about your poor neighbor being ripped off with an $8 fee on a $25 check, but if that is the case why are you continuing to cause both her and yourself so much frustration when there are other ways to alleviate that aggravation? If you know that you need to pay her for a debt or even to give her a gift for such a small amount then taking out a little extra cash (2% of $25 is 50 cents) is certainly easier and probably safer since your neighbor has to travel home with the cash anyway whether they are walking (which makes the neighbor prone to muggers) or using a vehicle (which is costing your neighbor the price of gasoline)?
I guess that it is easier to blame the bank instead. Good luck finding another bank that can provide you better service.
Sunlei
(22,651 posts)You realize all banks charge a fee to people to cash checks. And it seems like their tellers get that fee as bonus. Enjoy your ATM limit, it's the same for most banks. There are only 5 or is it 6? major banks in the USA, they're all similar with fees.
We used Bank of America for many years for a small business. Make a deposit every month of checks through the drive through, teller scans checks through & you get your receipt, like many other small businesses do.
One day a week later, check the balance and the deposit is not in my account balance. Call the bank and turns out the bank got robbed of 'canceled' run through check deposits. BOA took the deposit out of my account & didn't even call me. It took two months of dealing with Bank of Americas 'security witch' in California to get that money back.
I had to list every clients name/address, phone contact information and check amount to verify a deposit the BOA had scanned in & already had that information. Once the money was back, I moved all accounts to Chase. They have the same fee structure anyway for everything.
Too much info about my dislike for banks, sorry.
My point is people without much income are dunned by Americas banks for the most fees. Millions of Americans are forced to carry cash because even a $180 a year basic checking account fee is a hardship for many people. I don't want to be forced to carry cash either, it's not safe for anyone.
It is easiest to blame the banks, they are at fault
p/s and yes edited to add, my neighbor, yes I use cash now even though she has a bank account for her ss check deposit.
trudyco
(1,258 posts)Baitball Blogger
(46,682 posts)brewens
(13,538 posts)would make a huge difference. I know a guy that worked for one of those joints for awhile and he had no banking or finance background at all. He didn't need one. I think he made about ten bucks an hour. If they were forced to hire people with some actual expertise and pay them good wages, that would shit in their messkit big time!
I see three of those places near where I work. I can watch one of them and they are not really very busy. There is one young woman in there working most of the time. At the rates they charge, it must only take a few suckers per day to keep that place open. I imagine they have one regional manager around here somewhere overseeing all of their shops that makes some money.
Sunlei
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trudyco
(1,258 posts)If we increase the minimum wage, allow free check cashing at post offices (or very small fee), and cap usury rates to no more than some reasonable amount above the Prime Lending Rate then most of this will go away. Not all, but most.
Also, we need to fix health care so the costs of a health mishap doesn't bankrupt people.
Maybe every state should have a state bank and only it can provide these types of loans. Maybe people can go in and, if it's obvious there is a need but no funds for the loaner to pay back, the state can provide supplemental jobs or come in and negotiate lower debt for the loaner.
MichMan
(11,868 posts)I have seen complaints for years about the payday lenders and usuary.
Been wondering this for awhile.
Why doesn't a progressive organization like the SEIU or other union open a chain of them in every major area?. They could hand out organizing literature to the customers and if they only charged like 5% interest, all the predatory lenders would be driven out of business.
Shandris
(3,447 posts)...successfully sets one up will need to avoid small planes for the rest of their natural lives, as well as cars, moving parts, rusted metal...the movie 'Final Destination' comes to mind.
bonemachine
(757 posts)My wake up call this morning was a robo-dialed call from a payday lender letting me know that I had been prequalified for the maximum loan amount of $1500.
What the fuck?
How is this OK?
TexasTowelie
(111,935 posts)but usually they say that I've applied for a payday loan. They are getting desperate if they are calling for me since I'm part of the long-term unemployed and in the process of applying for SSDI. When I lost my job I paid all of my loans off from my severance check since I didn't want to have any outstanding debts remaining and I know that I didn't apply for any loans afterwards.