A payday loan is a type of short-term borrowing where a lender will extend high interest credit based on a borrower’s income and credit profile. A payday loan’s principal is typically a portion of a borrower’s next paycheck. These loans charge high interest rates for short-term immediate credit. These loans are also called cash advance loans or check advance loans.
No lender may make a payday loan to a consumer if the total of all payday loan payments coming due within the first calendar month of the loan, when combined with the payment amount of all of the consumer's other outstanding payday loans coming due within the same month, exceeds the lesser of: (1) $1,000; or (2) in the case of one or more payday loans, 25 percent of the consumer's gross monthly income; or (3) in the case of one or more installment payday loans, 22.5 percent of the consumer's gross monthly income; or (4) in the case of a payday loan and an installment payday loan, 22.5 percent of the consumer's gross monthly income.
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Critics of the CFPB rule, such as House Financial Services Committee Chairman Jeb Hensarling (R-Tex.), argue that federal regulation of these loans infringes on state sovereignty. But the current system of state-level regulation, without any federal floor, imposes its burdens on states that seek to protect their residents from payday loans. Lenders often operate across state lines, lending from states where payday loans are permitted to borrowers in states where such loans are illegal. This makes it incredibly difficult for these “restrictive” states to protect their residents from being saddled with unaffordable debts.
Payday loans have a bad reputation, and in fact many people refer to these loans as “predatory lending.” Twelve states have even banned payday loans altogether. Caution should be taken when considering obtaining these types of loans, which often “rollover” or are extended when they can’t be repaid in time and result in additional extension fees and an overall larger repayment amount. Because of the risk, payday loans should only be used in emergency situations when you know you can pay the loan back in full on time. If you do not borrow, you could end up in more debt.
The CFPB has issued several enforcement actions against payday lenders for reasons such as violating the prohibition on lending to military members and aggressive collection tactics. The CFPB also operates a website to answer questions about payday lending. In addition, some states have aggressively pursued lenders they felt violate their state laws.
The payday lending industry argues that conventional interest rates for lower dollar amounts and shorter terms would not be profitable. For example, a $100 one-week loan, at a 20% APR (compounded weekly) would generate only 38 cents of interest, which would fail to match loan processing costs. Research shows that, on average, payday loan prices moved upward, and that such moves were "consistent with implicit collusion facilitated by price focal points".
By examining payday loan prices in each state from the four largest lenders, Pew found that over five months a $300 payday loan would cost an Ohio borrower $680 in interest and fees, which equals an average annual percentage rate of 591 percent (which is close to the 594 percent figure cited by Cordray.) No other state had a higher rate, according to the Pew analysis. The interest and fees amount in Ohio was slightly exceeded by Texas, but Texas has more protections for consumers, including a 180-day loan limit that Ohio doesn’t have.
In a perfect world, you could rely on a credit card to cover emergency expenses. But, as you might have already guessed, most Americans don’t have that kind of available credit on hand to use either. In fact, according to a Harvard University study, nearly 40 percent of households making less than $40,000 a year have no credit cards at all.2 And one in ten Americans have no credit score whatsoever!3
We have been at the forefront of the payday loan industry for several years, and we know exactly what borrowers like you require. Once you have submitted your information and if we connected you with a lender from the network, you can expect approval in as fast as 5 minutes, and once you digitally sign the agreement the cash is yours in as fast as the next business day!
This problem is not new. Restrictive states have battled exploitative lending across state lines for over a century. In the early twentieth century, some small-dollar lenders employed what they called “the Portland device,” named after Portland, Maine, to shift the legal locus of the companies’ loans from the borrower’s restrictive home state to a more permissive jurisdiction such as Maine, where high-rate lending was legal. Restrictive states, such as New York, responded with laws that raised new hurdles for lenders when they attempted to collect these debts.
The Center for Responsible Lending found that almost half of payday loan borrowers will default on their loan within the first two years. 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. 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.