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What is a payday loan?
A recent law journal note summarized the justifications for regulating payday lending. The summary notes that while it is difficult to quantify the impact on specific consumers, there are external parties who are clearly affected by the decision of a borrower to get a payday loan. Most directly impacted are the holders of other low interest debt from the same borrower, which now is less likely to be paid off since the limited income is first used to pay the fee associated with the payday loan.
The external costs of this product can be expanded to include the businesses that are not patronized by the cash-strapped payday customer to the children and family who are left with fewer resources than before the loan. The external costs alone, forced on people given no choice in the matter, may be enough justification for stronger regulation even assuming that the borrower him or herself understood the full implications of the decision to seek a payday loan.
In May , the debt charity Credit Action made a complaint to the United Kingdom Office of Fair Trading OFT that payday lenders were placing advertising which violated advertising regulations on the social network website Facebook. The main complaint was that the APR was either not displayed at all or not displayed prominently enough, which is clearly required by UK advertising standards. In August , the Financial Conduct Authority FCA of the United Kingdom has announced that there have been an increase of unauthorized firms, also known as 'clone firms', using the name of other genuine companies to offer payday loan services.
Therefore, acting as a clone of the original company, such as the case of Payday Loans Now. The FDCPA prohibits debt collectors from using abusive, unfair, and deceptive practices to collect from debtors. In many cases, borrowers write a post-dated check check with a future date to the lender; if the borrowers don't have enough money in their account by the check's date, their check will bounce.
In Texas, payday lenders are prohibited from suing a borrower for theft if the check is post-dated. One payday lender in the state instead gets their customers to write checks dated for the day the loan is given. Customers borrow money because they don't have any, so the lender accepts the check knowing that it would bounce on the check's date. If the borrower fails to pay on the due date, the lender sues the borrower for writing a hot check. Payday lenders will attempt to collect on the consumer's obligation first by simply requesting payment.
If internal collection fails, some payday lenders may outsource the debt collection, or sell the debt to a third party. A small percentage of payday lenders have, in the past, threatened delinquent borrowers with criminal prosecution for check fraud. The payday lending industry argues that conventional interest rates for lower dollar amounts and shorter terms would not be profitable.
Research shows that on average, payday loan prices moved upward, and that such moves were "consistent with implicit collusion facilitated by price focal points". Consumer advocates and other experts [ who? In a perfect market of competing sellers and buyers seeking to trade in a rational manner, pricing fluctuates based on the capacity of the market. Payday lenders have no incentive to price their loans competitively since loans are not capable of being patented.
Thus, if a lender chooses to innovate and reduce cost to borrowers in order to secure a larger share of the market the competing lenders will instantly do the same, negating the effect. For this reason, among others, all lenders in the payday marketplace charge at or very near the maximum fees and rates allowed by local law.
These averages are less than those of other traditional lending institutions such as credit unions and banks. These comparison lenders were mainstream companies: A study by the FDIC Center for Financial Research  found that "operating costs are not that out of line with the size of advance fees" collected and that, after subtracting fixed operating costs and "unusually high rate of default losses," payday loans "may not necessarily yield extraordinary profits.
However, despite the tendency to characterize payday loan default rates as high, several researchers have noted that this is an artifact of the normal short term of the payday product, and that during the term of loans with longer periods there are frequently points where the borrower is in default and then becomes current again. Actual charge offs are no more frequent than with traditional forms of credit, as the majority of payday loans are rolled over into new loans repeatedly without any payment applied to the original principal.
The propensity for very low default rates seems to be an incentive for investors interested in payday lenders.
In the Advance America k SEC filing from December they note that their agreement with investors, "limits the average of actual charge-offs incurred during each fiscal month to a maximum of 4.
Proponents of minimal regulations for payday loan businesses argue that some individuals that require the use of payday loans have already exhausted other alternatives. Such consumers could potentially be forced to illegal sources if not for payday loans. Tom Lehman, an advocate of payday lending, said:. These arguments are countered in two ways. First, the history of borrowers turning to illegal or dangerous sources of credit seems to have little basis in fact according to Robert Mayer's "Loan Sharks, Interest-Rate Caps, and Deregulation".
In addition, there appears to be no evidence of unmet demand for small dollar credit in states which prohibit or strictly limit payday lending. A report produced by the Cato Institute found that the cost of the loans is overstated, and that payday lenders offer a product traditional lenders simply refuse to offer. However, the report is based on 40 survey responses collected at a payday storefront location. A staff report released by the Federal Reserve Bank of New York concluded that payday loans should not be categorized as "predatory" since they may improve household welfare.
Morgan , defined predatory lending as "a welfare reducing provision of credit. Brian Melzer of the Kellogg School of Management at Northwestern University found that payday loan users did suffer a reduction in their household financial situation, as the high costs of repeated rollover loans impacted their ability to pay recurring bills such as utilities and rent.
Maloney , an economics professor from Clemson University , found "no empirical evidence that payday lending leads to more bankruptcy filings, which casts doubt on the debt trap argument against payday lending. The report was reinforced by a Federal Reserve Board FRB study which found that while bankruptcies did double among users of payday loans, the increase was too small to be considered significant.
A study by University of Chicago Booth School of Business Professor Adair Morse  found that in natural disaster areas where payday loans were readily available consumers fared better than those in disaster zones where payday lending was not present.
Not only were fewer foreclosures recorded, but such categories as birth rate were not affected adversely by comparison. Moreover, Morse's study found that fewer people in areas served by payday lenders were treated for drug and alcohol addiction.
Prior to regulation of consumer credit was primarily conducted by the states and territories. On top of the debts owed, district attorneys charge additional fees. Threatening to pursue criminal charges against borrowers is illegal when a post-dated check is involved, but using checks dated for the day the loan is given allows lenders to claim theft. Most borrowers who failed to pay had lost their jobs or had their hours reduced at work.
From Wikipedia, the free encyclopedia. Retrieved October 23, Retrieved August 27, Consumer Financial Protection Bureau. Retrieved January 22, Tribal Immunity and Internet Payday Lending". Archived from the original on July 26, Retrieved November 7, An Effective Consumer Protection Measure".
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Retrieved June 15, Retrieved June 16, The New York Times. The Journal of Consumer Affairs. Retrieved 13 June Retrieved 14 June The Pew Charitable Trusts. Retrieved June 21, Households, Center for Responsible Lending. California Financial Service Providers Association.
Center for Responsible Lending. Payday loans by country. Retrieved from " https: Finance in the United States. All articles with dead external links Articles with dead external links from March CS1 errors: Views Read Edit View history.
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