In 2006, Congress passed a law capping the annualized rate at 36 percent that lenders could charge members of the military. Even with these regulations and efforts to even outright ban the industry, lenders are still finding loopholes. The number of states in which payday lenders operate has fallen, from its peak in 2014 of 44 states to 36 in 2016.[42]
If a Louisiana consumer is unable to repay a deferred presentment transaction when due, the consumer may enter into one extended payment plan for a deferred presentment transaction loan if the consumer notifies the licensee as required by paragraph (B)(1) of Section 3578.4 of the Louisiana Deferred Presentment and Small Loan Act before the payment is due of the consumer’s inability to make payment.

Payday loans are marketed towards low-income households, because they can not provide collateral in order to obtain low interest loans, so they obtain high interest rate loans. The study found payday lenders to target the young and the poor, especially those populations and low-income communities near military bases. The Consumer Financial Protection Bureau states that renters, and not homeowners, are more likely to use these loans. It also states that people who are married, disabled, separated or divorced are likely consumers.[56] Payday loan rates are high relative to those of traditional banks and do not encourage savings or asset accumulation. This property will be exhausted in low-income groups. Many people do not know that the borrowers' higher interest rates are likely to send them into a "debt spiral" where the borrower must constantly renew.

To prevent usury (unreasonable and excessive rates of interest), some jurisdictions limit the annual percentage rate (APR) that any lender, including payday lenders, can charge. Some jurisdictions outlaw payday lending entirely, and some have very few restrictions on payday lenders. In the United States, the rates of these loans were formerly restricted in most states by the Uniform Small Loan Laws (USLL),[5][6] with 36%-40% APR generally the norm.
The cash advance – payday loan offer has some benefits over other forms of payment. First, the lender never asks what the money is for, and even better, a cash advance does not impact your credit score. Then, the lender doesn’t require you “secure” the loan with “collateral” like a house or a car. Qualifying is typically relatively easy, requiring only proof that you earn a certain amount, are 18 years old and have a checking account. You’ll be able to speak to the lender the day you apply to clear up any questions you have. If you don’t have the money to pay the loan off in the stipulated time period, the lender can be flexible on the loan terms.
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.[25]

One of the most appealing aspects of payday loans is that they do not perform credit checks. The loans are meant to be short-term, so the loan terms often dictate that you repay with your next paycheck. You can ask for an extension, but additional fees will be added. This will increase the amount that you owe the lender and if you are still unable to pay your loan off upon your next due date then the cycle goes on.


According to a study by The Pew Charitable Trusts, "Most payday loan borrowers [in the United States] are white, female, and are 25 to 44 years old. However, after controlling for other characteristics, there are five groups that have higher odds of having used a payday loan: those without a four-year college degree; home renters; African Americans; those earning below $40,000 annually; and those who are separated or divorced." Most borrowers use payday loans to cover ordinary living expenses over the course of months, not unexpected emergencies over the course of weeks. The average borrower is indebted about five months of the year.[14]
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New Mexico: This lender is licensed and regulated by the New Mexico Regulation and Licensing Department, Financial Institutions Division, P.O. Box 25101, 2550 Cerrillos Road, Santa Fe, New Mexico 87504. To report any unresolved problems or complaints, contact the division by telephone at (505) 476-4885 or visit the website http://www.rld.state.nm.us/financialinstitutions/.
The Center for Responsible Lending found that almost half of payday loan borrowers will default on their loan within the first two years.[58] Taking out payday loans increases the difficulty of paying the mortgage, rent, and utility bills. The possibility of increased economic difficulties leads to homelessness and delays in medical and dental care and the ability to purchase drugs. For military men, using payday loans lowers overall performance and shortens service periods. To limit the issuance of military payday loans, the 2007 Military Lending Act established an interest rate ceiling of 36% on military payday loans.[59] A 2013 article by Dobbie and Skiba found that more than 19% of initial loans in their study ended in default. Based on this, Dobbie and Skiba claim that the payday loan market is high risk.[60]
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