House Preparing To Legalize Payday Loans With 391% APRs
A House subcommittee wants to legalize payday loans with interest rates of up to 391%. Lobbyists from the payday industry bought Congress' support by showering influential members, including Chairman Luiz Gutierrez, with campaign cash. The Congressman is now playing good cop, bad cop with the payday industry, which is pretending to oppose his generous gift of a bill.
"While they may not be JP Morgan Chase or Bank of America, they're very powerful. Their influence should not be underestimated," Gutierrez, the top Democrat on the Financial Services subcommittee in charge of consumer credit issues, said in an interview this week.
Indeed, the payday lending industry is strenuously resisting Gutierrez's measure, which it says would devastate its business. The measure would cap the annual interest rate for a payday loan at 391 percent, ban so-called "rollovers" - where a borrower who can't afford to pay off the loan essentially renews it and pays large fees - and prevent lenders from suing borrowers or docking their wages to collect the debt.
A newer player representing Internet payday lenders - a growing segment of the market - also ramped up its lobbying and political giving efforts. The Online Lenders Alliance, formed in 2005, nearly quintupled, to $480,000, its lobbying expenditures from 2007 and 2008. It contributed $108,400 to candidates in advance of the 2008 elections compared to about $2,000 in the 2006 contests. Gutierrez was among the top House recipients, getting $4,600, while the top Senate recipient was Sen. Tim Johnson, D-S.D., a Banking Committee member who got $6,900.
After watching members of the military fall prey to exorbitant payday loans, Congress in 2006 capped the interest rates for military payday loans at 36%. Fifteen states have similar caps or outright bans.
Congressman Gutierrez is competing with Congressman Joe Baca to see who can author the biggest giveaway. Baca's legislation would allow rollovers, higher fees for online banks, and would pre-empt state laws banning payday loans.
Someone—maybe Carolyn Maloney, who did an excellent job with the Credit Card Bill of Rights—needs to step up and punch the payday lending lobbyists in the face.
Post a comment
Comments:
Just because you won't doen't mean that others won't either.
There are plenty of people that don't have the luxury of turning elsewhere to find immediate sources for cash.
For them, they'll the stuck in a vicious cycle until someone does something about it.
I'm not adverse to tarring and feathering owners of such criminal establishments.
I am curious what the default rate on payday loans is, and how that relates to the interest rate.
Particularly for loans where fraud is likely to be rampant, due to the adverse selection involved in people who actively seek out a lender who will not check their credit.
I guess the question is why should Congress be regulating this? Yes, it's a stupid thing to take out a payday loan, but it's also stupid to watch a Carrot Top movie, or to get tremendously drunk, or to cheat on your spouse, and those are all legal.
Honestly, the terms are crappy, but that's what happens when you walk in essentially wearing a sign that says "I have defaulted on large amounts of debt in the past."
@Trai_Dep: Oh, hold on.
Banning roll-overs and preventing loan sharks/lenders from leveraging the State to enforce their malarky actually would block many of the long-term, destructive elements of the payday lenders.
If the sharks are too lax, they lose their money with little recourse: a built-in check stopping their practices from overrunning their (alleged) utility.
I guess the anti-payday loan crowd must expect those who will no longer be able to get short-terms loans to go without feeding their kids (or themselves), paying their bills, fixing their cars or taking care of any other unexpected needs. But hey, we're keeping them from voluntarily entering contracts that will cost them a bunch of money, so it's all OK.
I don't like payday lenders and oppose any laws that protect them. However, to Gutierrez's credit, he also sponsored the Consumer Fairness Act of 2007, a bill that would cut back the power of Mandatory Arbitration Clauses:
Unfortunately, it looks like that bill has been stuck in committee since 2007.
@humphrmi: Don't give him too much credit. Alot of bills get written knowing full well that they will forever be stuck in committee and eventually die. "
"It is a tale, told by an idiot, full of sound and fury,
Signifying nothing."
@Esquire99: Who's keeping people from getting short-term loans? You just have to loan them money at a reasonable rate of interest.
@Esquire99: The problem comes with the deliberate misconceptions, hidden fees, etc. that these companies sell to the people who go there. You'd probably be better off getting a loan from the Mafia. At least there you know the score.
@mythago: If you think it's profitable to loan them money at what you believe is a "reasonable rate" here's your chance to fill that niche and get rich while helping others. Win/win.
I don't like Payday loan places either, but not everyone can just wave their hand and have cash when they need it.
My husband and I have to use them now and then to get by, even though he makes over 20 bucks an hour, and our apartment has all utilities paid for. We are sick of snobs looking down their noses at us for doing what we need to to eat, fix our car, and (heaven forbid!) pay for my asthma medicines! For your information, we DO have a budget; a very strict one, which we stick to religiously.
We are not buying stupid crap we don't need, nor are we buying booze and lobster with every paycheck.
We have no credit cards, no cable,(we don't watch TV) no debts except medical (which we are slowly paying off), and no children to waste resources on.
We are not asking anyone to protect us from our own mistakes, but to smear everyone who uses these places as ignorant and foolish with money needs to get their head out of their pants and wake up.
@Yossarian:
I have a feeling that mythago would quickly find out that lending money at "Reasonable" rates to borrowers who aren't exactly "Credit worthy" is unprofitable, and would promptly close up shop along with the other payday lenders who were regulated out of existence.
@rdm: Seriously, don't even tempt fate.
I was laid off on Friday - completely out of the blue - so never ever underestimate how much life can take a u-turn on you.
@Vastarien202:
Very well put, particularly since you have experience using these services. The government doesn't need to step in and protect people from themselves, particularly when they are just protecting them from making necessary, though arguably irresponsible, financial decisions.
@rdm: I haven't used one either and can't see myself using one. However I care about friends and family who might. I care about the world I leave for my kid too.
@rdm: Well, I'm kind of with you on this one. I don't use credit cards either, on principle. I've got student loans and plenty of other things I pay on time to keep my credit ok. I know what you'll all say, but Friday, don't you need a 40k line of credit in case of emergency?? No, I have a savings account.
I don't necessarily agree or disagree with the sentiment, but those of us in states limiting these loans have decided that we want them.
What I really don't like is some guy a different state trying to enforce his will on us. We made a decision, right or wrong and we'll sink or swim without his input, thanks.
@huadpe: Maybe it's just me but the world would be a better place if watching Carrot Top was illegal.
And lending money at usurous rates hurts the long-term existence of our economy, and our country.
Sorry, but "people want the service" isn't a valid reason to slowly flush our economy down the crapper.
@Justin Harper: That's how I feel whenever I see a parent on the news whine about their child playing violent video games or watching violent and/or sex-filled movies.
Sad thing is I often see these people (And people like them) buying their kids these games and taking them to these films without a second thought.
"Oh, little Johnny wants 'Hooker Beatdown', 'Bloody Mess VII: Guts Galore' and 'Debbie Does D.C'? Sounds perfectly reasonable to me. I mean, if these things were bad for him, they'd warn me!"
@rugman11:
Nothing wrong with charging 15% interest on a two-week loan, but that's not the only thing they do. They also charge fees for everything under the sun: Fees for paying back the loan before the two weeks is up, fees for simply paying the loan, fees for the loan itself, etc.
Some of the operations are perfectly reasonable, and charge a reasonable rate. Some of them, however, are scum, and they need regulation.
Just like banks. Not all banks are evil, but the banks which ARE evil cause so many problems for those that are not that the entire industry has to be regulated: One bad apple...
@RvLeshrac: How do you figure that the economy is hurt more by these loans than by the lack of money they provide?
What's your alternative for some of these borrowers? Lose a job because the car can't get repaired? Go hungry until payday? Get the kid kicked out of daycare because they're late with the payment?
Of course, not every borrower is necessarily making the most financially prudent move but people make poor choices daily in all facets of their lives. How much can you nanny everyone?
@Esquire99: Untrue! Self-Help Credit Union in North Carolina makes massive quantities of loans to "subprime" customers -- and that includes mortgages, small business loans, etc. They're quite profitable and have the lowest mortgage default rate in the state (or did, last I checked). What do they do that's different? Require borrowers to do some education so they understand what they're agreeing to.
Reasonable rates to "subprime" customers can be extremely profitable ... if you're interested in actually having the loan repaid, not in making bank on fees and defaults.
@Esquire99: Bull Hockey. There were plenty of places that did short term loans before payday lenders crawled out from under their rock.
Small finance companies, regular banks and credit unions used to do small short term loans for certain circumstances.
@rugman11: 30% on a short term loan is extremely reasonable if the lendee is not particularly credit-worthy. On $500 with a two week term, that 30% is $5.77. I'd be more than willing to pay that.
@Eyebrows McGee (on Twitter: LPetelle): "What do they do that's different? Require borrowers to do some education so they understand what they're agreeing to." So they essentially take the cream of the subprime crop.
What that CU is doing is a very good thing for those who get the education and perhaps get their credit situation back on track. I'm not sure we can draw the conclusion that such borrowers are necessarily representative of payday loan borrowers as a whole.
My problem with payday loans is that they turn stupid or desperate people into indentured slaves. The escalating nature and huge interest rates on these loans when someone can't resolve it within the initial time frame is putting people in a horrible situation.
While it might not impact me personally since I have no intent of ever using a legal loan shark it impacts those that do. That means another person in the community is having their wages leeched off of so they can't feed their kids, pay their bills etc. There are already too many people in the city I live in who can't make basic ends meet. We don't need to be making that worse so some jerk can run a get rich quick scheme.
@bohemian: Why don't those institutions still do those loans? Certainly not because the payday loans are undercutting them.
@MooseOfReason: I know, right? They should just re-state the APR based on whatever the term is, that way it's easier to compare one loan with another. As a bonus, it makes the loan much more palatable. I can see the advertising now!
Low, low rates! Only 13.55% Then, in tiny, tiny print: compounded daily.
The interest rate is presented as an APR so it is not misleading, for the same reason companies' financial statements are presented similarly. But maybe you'd like those to each have different rules applied to them as well?



















I don't care what rate they charge because I will never use one.