Tag: payday loan laws

22
Apr

Payday Loan Business-Center for Irresponsible Lending at it Again!

Yes, the CRL, Center for Responsible Lending, who we in the payday loan industry like to refer to as “The Center for Irresponsible Lending” has done it again. They “helped craft” new federal legislation with the aid of U.S. Sen. Kay Hagan, D-N.C.

The bill, called The Payday Lending Limitation Act of 2010, would modify the Truth in Lending Act. Senator Hagan will introduce it as a standalone today, and again next week as an amendment to the financial regulatory reform bill making its way through the Senate.

And just who is The Center for Responsible Lending?

Herb and Marion Sandler! According to ActivistCash.com:

“Herb and Marion Sandler are the billionaire founders of the Center for Responsible Lending. The Sandlers made a fortune in the subprime mortgage industry, thanks to the success of their bank, Golden West Financial.

Golden West and its subsidiary, World Savings Bank, were among the biggest sources of subprime mortgages, especially of adjustable-rate loans called option-ARMs. Herb Sandler is credited with the invention of the option-ARM, which his bank marketed as “Pick-a-Payment” mortgages. These loans were extraordinarily popular in the years preceding the subprime mortgage crisis, generating billions in profits for the Sandlers’ banking empire.

Recent exposés by “60 Minutes” and the New York Times have focused national attention on the Sandlers’ role in the subprime crisis. The Sandlers’ loans, described in the Times as “the Typhoid Mary of the mortgage industry,” are part of a second wave of toxic debt predicted to default over the next several years, hitting the economy with another $600 billion in losses.

The Sandlers made over $2.3 billion on the sale of their company to Wachovia in 2006, and they have used their fortune to fund organizations advancing their political aims. They have given millions of dollars to left-wing groups, including ACORN (radical activists implicated in election fraud investigations in over a dozen states), and the Center for Responsible Lending (a “consumer advocacy” front-group that lobbied for expanded subprime lending while promoting its funders’ business interests).”

Read more about the CRL Here:

And more here about the Proposed Bill:

Share
07
Mar

Washington Payday Loan Law

Washington State payday loan laws in a nutshell:

The Washington State payday loan law limits the size of a payday loan to 30 percent of a person’s monthly income, or $700, whichever is less. It also bars people from having multiple loans from different lenders, limits the number of loans a person can take out to eight per 12 months, and sets up a database to track the number of loans taken out by people.

Payday loan limit is capped at $700.00 or 30% of gross monthly income, whichever is less.

A statewide databases established so that payday lenders can track their borrower’s loans.

If a person is not in a position to repay on time, they can ask the lender for an installment plan, which the lender must provide free.

Payday loan lenders may not harass people who can’t pay

Payday loan consumers have access to 8 payday loans per year.

Share
10
Oct

Payday Loan Lenders – ATM Fees – Overdraft Fees = 400 Percent APR

The payday loan industry is becoming more sophisticated and reaching deeper into their pockets in order to thwart negative payday loan legislation.

A link over at Nick’s PDL Industry Blog brought this to our attention.

Payday lenders are gearing up for an alternative strategy. The industry believes it has found new support in arguing that payday loans, with annual interest rates that can reach 400 percent, are a cheaper alternative to overdraft charges. The industry is citing a recent USA Today analysis based on data from Moebs Services, an economic research firm. According to the analysis, consumers pay an overdraft fee of $26.68 every time they overdraw their account. So if consumers overdraw by $100, they’d pay an annual percentage rate (APR) of 696%, if the credit is paid back in two weeks – compared with an APR of 450% on a $100 payday loan with an average fee of $17.25, according to USA Today.

“The focus on overdraft protection on the Hill has helped legislators to understand that payday lending can be looked at as a cheaper alternative to overdraft charges,” said Steven Schlein, a spokesman for the Community Financial Services Association, the trade group for payday lenders.

Share
30
Sep

Payday Loan Law – South Carolina Payday Loan State Data Base

South Carolina has turned down an appeal protesting its previous decision to award a contract to Veritec Solutions for the establishment of an online database system for tracking payday loans applied for by residents of South Carolina.

The South Carolina chief procurement officer for the Information Technology Management Office, Mike Spicer, denied the protest by the Prism Group and the Tom Sawyer Group. The companies have 10 days to file an appeal.

The two South Carolina companies protested the award to Veritec claiming the award was arbitrary, erroneous, and in violation of state law, along with allegations the award made was not the best for the state of South Carolina.

Veritec already maintains several other payday loan state data bases. They proposed a fee based system that may collect up to $15 million over five years. The Prism Group and Tom Sawyer Company proposed a system that could collect $8 million over the same period.

The payday loan data base system is required under new South Carolina payday lending rules passed earlier this year.

Share
06
Jun

New Payday Loan Industry Survey Results Available.

New Payday Loan Industry Survey Results available.
(Access to the actual survey is available at the bottom)

You want to know who your customer is? Still trying to figure out who uses payday loans, why they use them and what they really want?

A most interesting payday loan survey is now available! It was sponsored by the Government of Alberta, Canada. It reveals some great insight into the wants and needs of the following respondents to the survey:

• individual consumers and consumer organizations;
• payday loan businesses;
• credit counselling agencies;
• “other stakeholders.”

(Our Thoughts: Don’t let the fact that this survey was conducted in Alberta, Canada cause you to dismiss it as having little relevance to your situation. We have access to multiple studies in various locales and the conclusions are very much the same. Micro-lending consumers are similar throughout the world. And micro-lending products, like the payday loan, car title loans, and pawn services will continue to be in great demand as long as consumers breathe. Government cannot legislate our product out of existence nor will the so-called “consumer protectionists” ever reach into their own product to help an anonymous consumer in need!)

Leger Market Research Company, the firm hired to perform the survey, listed the folowing conclusions. These HIGHLIGHTS are insightful as there are some surprising conclusions to be drawn from their results.

SURVEY RESULTS

User Satisfaction with Payday Loan Lenders
The majority of payday loan users are satisfied with their most recent payday loan experience,
including 49% who are very satisfied. Users are highly satisfied with the rates and terms being
explained to them (82%) but their satisfaction with the cost of the payday loan is substantially lower
(54%).

(Our Thoughts: Why can’t the so-called consumer protectionists who continually attack the payday loan industry GET THIS THROUGH THEIR THICK SKULLS!)

Motivations for Using Payday Loans
Users cite a range of situations of great need, or emergency situations in general, as their reasons for needing payday loans. The most frequently mentioned reason for needing a payday loan is to pay bills or prevent overdue bills (40%).

When asked for top of mind reasons for choosing a payday loan instead of another form of lending, users say it is a last resort (41%). Convenience factors represent other motivators for obtaining payday loans; for example, that it is easy to apply (12%), faster to get the loan (10%) and the location is convenient (6%). However, when asked to rate the importance of a number of specific aspects of payday loans, users rate speed, ability to borrow a small amount, hours of operation, convenient location, and ease of applying for the loan substantially more important (87-92% important ratings) than being the only place they are confident to apply (61%) or not being approved at other places (44%).

(A number of other studies of our industry have consistently pointed out the same thing; IT”S ABOUT CONVENIENCE!)

STIGMA
There is a degree of
stigma associated with payday loans, with 25% of users agreeing they would be concerned about
being seen at a payday loan store.

INTERNET PAYDAY LOANS
A low percentage of users obtain their loans through the Internet (3%). Almost all users obtain their loans from a payday loan store, usually somewhat or very close to their home. Most users (82%) have Internet access, at about the same incidence as the general population (84%).

(OUR THOUGHTS: Only 3% of payday loan users have used the Internet to get a payday loan and yet 25% of users admit to being concerned about being seen in a payday loan store. This is further evidence that those of us offering payday loans should implement the Internet for our product offerings and, we suspect, strive harder to deliver peace of mind to those payday loan consumers contemplating the use of the Internet to get a loan.)

FOCUS GROUPS
Users believe that payday loans serve a need because they allow for emergency loans to consumers who cannot obtain alternative financing. However, users and non-users alike are in favour of regulating the following areas to eliminate unfair or predatory practices:
1. a limit to the allowable cost of borrowing and, to a lesser extent,
2. making agreements easier to understand,
3. allowing a “cooling off” period during which the loan can be cancelled without penalty,
4. allowing the borrower to repay only the principal amount borrowed if the business violates the
regulations,
5. the practice of “discounting,” and
6. rollover loans.

Payday loan users acknowledged that they are under financial hardship and have poor budgeting skills. They also appeared to have little comprehension about the actual cost of borrowing from payday lenders when all of the rates and fees are converted to an annualized percentage rate.

************Our Sponsors**************
We have worked with a great number of Vendors and suppliers offering superior products and services. If you’re in need of legal expertise, collections help, software for your payday loan, check cashing or car title loan business, consumer data, scrap gold buying training, or any other related services, go here for help:
Vendors & Suppliers
Attention Vendors! Get listed here as well!
*************************************

Characteristics of Payday Loan Users
The payday loan users participating in the survey demonstrated a higher than average likelihood to be between 25 and 35 years of age (35% vs. 18% of the Alberta general population) and a lower likelihood of being under 25 (6% vs. 14%) or 65 years and over (5% vs. 14%). Reflecting their ages, 46% of users report having children in their household under 18 years of age, versus 39% in the general population. Users’ annual household incomes are below average, with 37% having incomes between $20,000 and $49,999 per year versus 23% for the general population.

Use of Payday Loans
The study estimates that 3% of Albertans have ever taken a payday loan. Another study Leger
Marketing conducted in December 2008 provided an estimate of 6% based on a sample size of 900 respondents (+1.6 percentage points, 19 times out of 20).

(The potential for HUGE growth remains for the payday loan product.)

The vast majority (93%) of non-users rate themselves unlikely to consider a payday loan. Supporting this view, most Albertans would not need a payday loan if they needed $300 in cash, as they tend to have access to funds from their bank accounts, relatives, lines of credit, overdraft protection and cash advances.

Non users are more confident than users about being able to obtain the funds they need
through their bank account or through a line of credit, while users and non users demonstrate similar levels of confidence about getting the required funds from other sources.

Albertans who have had a payday loan before tend to be repeat users (79%), using payday loans an average of four times in the past. However, only 22% anticipate using payday loans again in the future.

Users perceive that they pay their loans off as soon as they are due (80%) and only use
payday loans as a last resort (62%). Some users see themselves using payday loans at certain times of year (20%) and 10% use payday loans as part of their regular banking.

Payday loans most frequently involve obtaining between $200 and $499 (52% of users’ most recent loan value), and the amount is almost always under $1,000 (88%).

Payday Loan Agreements
While almost all payday loan users (92%) report having received a copy of their payday loan
agreement, only 66% read the loan agreement before signing.

(We would bet the percentage of payday loan consumers who actually read their contract EXCEEDS those homebuyers who read their loan new documents!)

MAXIMUM RATES

Consumers
Most of the consumers and their advocates said they would prefer, for simplicity’s sake, to see the
maximum rate set as a percentage or dollar amount of the loan. One exception is a senior citizens’
association. This association would like to see the government set a limit of $15 per $100 on the first $300 of the loan, $10 per $100 on the next $500 and $7.50 for any amount above that.

Credit counselling agencies are also in favour of a tiered system. “These loan schemes take advantage of those least able to afford it,” says an outreach program for street people. “If indeed the service is required, then it needs to be better controlled – it is a circle whereby one never gets the loan paid off.”

The Industry
Most payday loan businesses that responded to the public consultation are in favour of a regulated maximum rate.

One payday lender says it opposes interest and fee limits because the current level of competition in the market is healthy and the “normal range” of rates charged in Alberta is consistent with those charged in other provinces. “We believe that a market-based approach to rate-setting is the most effective way of setting rate caps.”

Another industry stakeholder did not say in the discussion paper what rate it would like to see the
maximum set at, it charges interest and fees of as high as $41.50 per $100 based on information
received by regulators or disclosed in writing on disclosure statements to borrowers. In 2006, an
Edmonton television journalist posing as a first time borrower reported he was charged $52.70 per $100.

The stakeholder would like to see the government set a maximum fee as a percentage of the loan, i.e.: $23 per $100 lent. While it does not disclose what rate cap it would like to see set, the $23 figure is consistent with figures it has said publicly that it would like to see charged.

Several small payday lenders said they would like to see the maximum set between $30 and $35.

The payday loan business respondents are unanimous in their desire for some form of industry
regulation, and almost universally in favour of creating this with federally approved legislation. The sole exception is one payday lender in a small Alberta city that prefers regulation without federally approved legislation.

Read the entire report here: Payday Loan Report

Share
Share
Share