THE BLOG

09
May

Again: Why Banks, Credit Unions & So-Called Consumer Advocates Hate the Payday Loan Industry

There are SO many excellent points made in this article on The Hayride that it makes little sense to do anything more than quote a few statements and provide a direct link:

And as RedState has noted, those people have been joined by Google. The internet giant, as it turned out, made a $1.5 billion investment into LendingClub, the peer-to-peer loan site, back in 2013 and has been on board with the assault on payday lending ever since. Payday lenders are not allowed to advertise with any of Google’s products or platforms, which is both (1) somewhat understandable given that they’re now competitors with Google to an extent, and (2) also the kind of creepy monopolistic practice which argues strongly for someone coming along and treating Google as a trust needing to be broken up like Standard Oil and Ma Bell. But we digress.

The long and short of this is during the Obama administration, some of the key funders of the Democrat Party – most notably a man named Herb Sandler, who together with his wife Marion essentially broke Wachovia Bank by dumping $15 billion in bad subprime paper on them before the housing crisis hit and who skated away from that mess with enough money to bankroll something called the Center for Responsible Lending – declared war on the payday loan industry around 2014.

And Forbes noted another nonsensical provision tucked into the 1,690 pages of the CFPB rule…

  • Exemptions made for alternatives to payday lenders, including credit unions and community banks: If a lender derives less than 10% of its revenue from payday loans, it is exempt from some of the most onerous rules. This particular restriction is odd. Why is the hated payday lending product acceptable, so long as the institution making the loan only generates 9.99% of its revenue from such activities? Are high rates and frequent rollovers acceptable when coming from a bank? Or is there a presumption that payday lenders are evil while bankers are not?

This whole attack on an industry providing a service people obviously find valuable is beyond obnoxious. On its face it’s literally insane – who are the Center for Responsible Lending and the Louisiana Budget Project to tell people who they can and can’t borrow from? And if they do win the day, does that somehow mean people won’t find a way to do short-term borrowing? Of course not, which is why this is so pernicious – once that hole in the market is made, not accounting for the Cosa Nostra or local dope dealer entering into the less-salutary side of the business Google will be there to fill it, if the government in the person of the Post Office or some other failing agency is not. You’d either have a private or public monopoly on short-term lending instead of a competitive marketplace like you have now.

Given how well the government performed via Fannie and Freddie in bringing on the housing collapse, we know how well it would work taking over the payday loan industry. As for Google, given their Big Brother-style presence in your life as is do you really want one of their tentacles to emerge as a monopoly in short-term lending? Think about that – who’s creepier than Google or the government when it comes to your private information, particularly your financial information in the event you should have the kind of money problems necessitating a payday loan? You OK with that?

Questions? Help? Getting started lending money to the masses? Jer@PaydayLoanUniversity.com

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29
Apr

California Car Title Loan Portfolio Available

Calif. Title Loan Portfolio for Sale:

Two quick things

1) California Car Title Loan Portfolio for sale. Who wants it?

Car title loan lending business located in Southern California with an approximate $3.9 million loan portfolio.

Average car title loan is $5800. Typical loan terms are 2 years; fully amortized.

Typical LTV 50% to 60%. All loans are in the Southern Calif area.

Average annual interest rate 104%.

TrihouseConsulting@gmail.com with your contact info. Put “Title Loans” in the “Subject.”

2) The inquiries for the payday loan kiosk are through the roof! We are reaching out to every one as fast fast as humanely possible!

If you somehow missed the Payday Loan Kiosk opportunity – maybe you were at CFSA – here’s the link with a full explanation: http://paydayloanindustryblog.com/payday-loan-kiosk-machine-revenue-share-opportunity/

Now go out and BE BAD!

Jer – Trihouse

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16
Apr

Payday Loan Kiosk Machine Revenue Share Opportunity

I’m in need of a store front owner to allow a state-of-the-art payday loan KIOSK machine to be placed in their location.

This is a revenue share proposal.

No out of pocket expense to the store owner.

This new technology, enables a consumer to apply for a PDL and receive cash within 60 seconds.

Kiosk operates 24/7.

The KIOSK manufacturer has been in the PDL space 11 years.

They have 90 KIOSK loan machines.

US expansion is the goal.

The KIOSK manufacturer provides ALL capital to fund the PDL’s.

The KIOSK manufacturer ships, delivers, and sets up the PDL machines with Internet; no expense to you.

The KIOSK manufacturer has developed software to analyze each consumer loan applicant’s individual credit history, and enable the borrower applicant to select a loan principal amount, and fund the loan immediately via the KIOSK in cash, debit card, or bank deposit.

The KIOSK scans and dispenses checks as well.

The borrower simply approaches the KIOSK, chooses the amount they desire to borrow, enters an SMS code to verify their phone number, places their ID on the built-in scanner, a built in camera takes their photo, borrower “signs” agreement with their fingerprint and they receive CASH IMMEDIATELY!

KIOSK manufacturer maintains a 24/7 call center. They handle all inquiries, issues, questions, collections…

A single KIOSK can service up to 500 borrowers/day.

Kiosk dispenses loan proceeds in cash and accepts repayments by cash, check, debit card…

Consumer loans can be repaid via the KIOSK, via the KIOSK manufacturer’s website or phone.

No consumer bank statements required.

No borrower CRA reports required.

Consumer data HIGHLY secured.

Consumer does NOT need to fill out ANY documents. Consumer does NOT submit bank statements OR pay stubs.

Ultimate goal is KIOSKS in convenient locations throughout USA. In malls, metro/gas stations, supermarkets, casinos,

Kiosks and software is completed and ready for immediate deployment.

60 seconds from application to cash in hand to consumer.

These KIOSKS & this technology is WORKING TODAY!

Interested in exploring?

Email your name, State, and phone number to TrihouseConsulting@gmail.com
Put in the “Subject:” KIOSK MACHINE

Jer – Trihouse
http://www.PaydayLoanUniversity.com
702-208-6736

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11
Apr

California Payday Loan Law: Deferred Presentment-CDDTL California Deferred Deposit Transaction Law

CALIFORNIA PAYDAY LOAN LAWS – LEGISLATION FINANCIAL CODE – FIN

DIVISION 10. CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW [23000 – 23106]

  ( Division 10 added by Stats. 2002, Ch. 777, Sec. 10. )

CHAPTER 2. Deferred Deposit Transactions [23035 – 23038]

( Chapter 2 added by Stats. 2002, Ch. 777, Sec. 10. )

23035.

California Payday Loans  

(a) A California Payday Loans licensee may defer the deposit of a customer’s personal check for up to 31 days, pursuant to the provisions of this section. The face amount of the check shall not exceed three hundred dollars ($300). Each deferred deposit transaction shall be made pursuant to a written agreement as described in subdivision (e) that has been signed by the customer and by the licensee or an authorized representative of the licensee.

(b) A customer who enters into a California Payday Loans deferred deposit transaction and offers a personal check to a licensee pursuant to an agreement shall not be subject to any criminal penalty for the failure to comply with the terms of that agreement.

(c) Before entering into a deferred deposit transaction, licensees shall distribute to customers a notice that shall include, but not be limited to, the following:

(1) Information about charges for California Payday Loans deferred deposit transactions.

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(2) That if the customer’s check is returned unpaid, the customer may be charged an additional fee of up to fifteen dollars ($15).

(3) That the customer cannot be prosecuted in a criminal action in conjunction with a deferred deposit transaction for a returned check or be threatened with prosecution.

(4) The department’s toll-free telephone number for receiving calls regarding customer complaints and concerns.

(5) That the California Payday Loans licensee may not accept any collateral in conjunction with a deferred deposit transaction.

(6) That the check is being negotiated as part of a deferred deposit transaction made pursuant to Section 23035 of the Financial Code and is not subject to the provisions of Section 1719 of the Civil Code. No customer may be required to pay treble damages if this check does not clear.

(d) The following notices shall be clearly and conspicuously posted in the unobstructed view of the public by all licensees in each location of a business providing California Payday Loans deferred deposit transactions in letters not less than one-half inch in height:

(1) The California Payday Loans licensee cannot use the criminal process against a consumer to collect any deferred deposit transaction.

(2) The schedule of all charges and fees to be charged on those deferred deposit transactions with an example of all charges and fees that would be charged on at least a one-hundred-dollar ($100) and a two-hundred-dollar ($200) deferred deposit transaction, payable in 14 days and 30 days, respectively, giving the corresponding annual percentage rate. The information may be provided in a chart as follows:

Amount
Provided
Fee Amount of Check 14-day APR 30-day APR
$100 XX XXX XXX XXX
$200 XX XXX XXX XXX

(e) An agreement to enter into a deferred deposit transaction shall be in writing and shall be provided by the licensee to the customer. The written agreement shall authorize the licensee to defer deposit of the personal check, shall be signed by the customer, and shall include all of the following:

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(1) A full disclosure of the total amount of any fees charged for the California Payday Loans deferred deposit transaction, expressed both in United States currency and as an APR as required under the Federal Truth In Lending Act and its regulations.

(2) A clear description of the customer’s payment obligations as required under the Federal Truth In Lending Act and its regulations.

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(3) The name, address, and telephone number of the California Payday Loans licensee.

(4) The customer’s name and address.

(5) The date to which deposit of check has been deferred (due date).

(6) The payment plan, or extension, if applicable as allowed under subdivision (c) of Section 23036.

(7) An itemization of the amount financed as required under the Federal Truth In Lending Act and its regulations.

(8) Disclosure of any returned check charges.

(9) That the customer cannot be prosecuted or threatened with prosecution to collect.

(10) That the California Payday Loans licensee cannot accept collateral in connection with the transaction.

(11) That the California Payday Loans licensee cannot make a deferred deposit transaction contingent on the purchase of another product or service.

(12) Signature space for the customer and signature of the licensee or authorized representative of the licensee and date of the transaction.

(13) Any other information that the commissioner shall deem necessary by regulation.

(f) The notice required by subdivision (c) shall be written and available in the same language principally used in any oral discussions or negotiations leading to execution of the deferred deposit agreement and shall be in at least 10-point type.

(g) The written agreement required by subdivision (e) shall be written in the same language principally used in any oral discussions or negotiations leading to execution of the deferred deposit agreement; shall not be vague, unclear, or misleading and shall be in at least 10-point type.

(h) Under no circumstances shall a California Payday Loans deferred deposit transaction agreement include any of the following:

(1) A hold harmless clause.

(2) A confession of judgment clause or power of attorney.

(3) Any assignment of or order for payment of wages or other compensation for services.

(4) Any acceleration provision.

(5) Any unconscionable provision.

(i) If the California Payday Loans licensee sells or otherwise transfers the debt at a later date, the licensee shall clearly disclose in a written agreement that any debt or checks held or transferred pursuant to a deferred deposit transaction made pursuant to Section 23035 are not subject to the provisions of Section 1719 of the Civil Code and that no customer may be required to pay treble damages if the check or checks are dishonored.

(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

23036.

(a) A fee for a California Payday Loans deferred deposit transaction shall not exceed 15 percent of the face amount of the check.

(b) A California Payday Loans licensee may allow an extension of time, or a payment plan, for repayment of an existing deferred deposit transaction but may not charge any additional fee or charge of any kind in conjunction with the extension or payment plan. A licensee that complies with the provisions of this subdivision shall not be deemed to be in violation of subdivision (g) of Section 23037.

(c) A California Payday Loans licensee shall not enter into an agreement for a deferred deposit transaction with a customer during the period of time that an earlier written agreement for a deferred deposit transaction for the same customer is in effect.

(d) A California Payday Loans licensee who enters into a deferred deposit transaction agreement, or any assignee of that licensee, shall not be entitled to recover damages for that transaction in any action brought pursuant to, or governed by, Section 1719 of the Civil Code.

(e) A fee not to exceed fifteen dollars ($15) may be charged for the return of a dishonored check by a depositary institution in a deferred deposit transaction. A single fee charged pursuant to this subdivision is the exclusive charge for a dishonored check. No fee may be added for late payment.

(f) No amount in excess of the amounts authorized by this section shall be directly or indirectly charged by a licensee pursuant to a deferred deposit transaction.

(g) A licensee shall be subject to the provisions of Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code.

(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

23037.

In no case shall a California Payday Loans licensee do any of the following:

(a) Accept or use the same check for a subsequent transaction, or permit a customer to pay off all or a portion of one deferred deposit transaction with the proceeds of another.

(b) Accept any collateral for a deferred deposit transaction.

(c) Make any deferred deposit transaction contingent on the purchase of insurance or any other goods or services.

(d) Enter into a deferred deposit transaction with a person lacking the capacity to contract.

(e) Alter the date or any other information on a check.

(f) Engage in any unfair, unlawful, or deceptive conduct, or make any statement that is likely to mislead in connection with the business of deferred deposit transactions.

(g) Accept more than one check for a single deferred deposit transaction.

(h) Take any check, instrument, or form in which blanks are left to be filled in after execution.

(i) Offer, arrange, act as an agent for, or assist a deferred deposit originator in any way in the making of a deferred deposit transaction unless the deferred deposit originator complies with all applicable federal and state laws and regulations, including the provisions of this division.

(1) The prohibition specified in this subdivision does not apply to the arranger, agent, or assistant to a state or federally chartered bank, thrift, savings association, or industrial loan company where the state or federally chartered bank, thrift, savings association, or industrial loan company satisfies all of the following:

(A)  It initially advances the loan proceeds to the customer.

(B) It does not sell, assign, or transfer a preponderant economic interest in the deferred deposit transaction to the arranger, agent, or assistant, or an affiliate or subsidiary of the state or federally chartered bank, thrift, savings association, or industrial loan company, unless selling, assigning, or transferring a preponderant economic interest is expressly permitted by the primary regulator of the state or federally chartered bank, thrift, savings association, or industrial loan company.

(C) It develops the deferred deposit transaction product or products on its own.

(2) If a licensee offers, arranges, acts as an agent for, or assists a state or federally chartered bank, thrift, savings association, or industrial loan company in any way in the making of a deferred deposit transaction and the state or federally chartered bank, thrift, savings association, or industrial loan company meets the standards set forth in paragraph (1), the licensee shall comply with all other provisions in this division to the extent they are not preempted by other state and federal laws.

(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)

23038.

(a) Any person who violates any provision of Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law 112-239), or any provision of Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as published on July 22, 2015, on page 43560 in Number 140 of Volume 80 of the Federal Register, violates this division.

(b) A person that does not market deferred deposit transactions to, or does not enter into those transactions with, covered borrowers, as that term is defined under Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described in subdivision (a), shall not be in violation of Section 394 of the Military and Veterans Code.

Again, to open your own payday loan business, CLICK HERE to get started.

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(Amended by Stats. 2017, Ch. 514, Sec. 4. (SB 266) Effective January 1, 2018.)

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10
Apr

Florida Payday Loan Law Update SB 920

CS/CS/CS/SB 920 — Florida Deferred Presentment Transactions [Payday Loan Laws]

by Rules Committee; Appropriations Committee; Commerce and Tourism Committee; and Senators Bradley and Braynon

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

The bill authorizes deferred presentment installment transactions under Florida law. A deferred presentment installment transaction must be fully amortizing and repayable in consecutive installments, which must be as equal as mathematically practicable. The term of a deferred presentment installment transaction may not be less than 60 days or more than 90 days and the time between installment payments must be at least 13 days but not greater than 1 calendar month.

How to Start a Loan BusinessThe maximum face amount of a check taken for a deferred presentment installment transaction may not exceed $1,000, exclusive of fees. The maximum fees that may be charged on a deferred presentment installment transaction are 8 percent of the outstanding transaction balance on a biweekly basis. Fees for a deferred presentment installment transaction are calculated using simple interest. Prepayment penalties are prohibited. The bill retains current law in prohibiting a provider from entering into a deferred presentment transaction with any person who has an outstanding deferred presentment transaction or whose previous transaction has been terminated for less than 24 hours. If a drawer timely informs the provider in writing or in person that they cannot redeem or pay in full in cash the amount due and owing, the provider must provide a grace period for payment of a scheduled installment.

If approved by the Governor, these provisions take effect July 1, 2019.

Vote: Senate 31-5; House 106-9

The Florida Governor signed this Bill 03-21-2018

SB 920

Florida SB 920 Payday Loan Law-04-10-2018

 

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