Tag: payday loan laws

01
Apr

Payday Loans, Surveys, Center of Responsible Lending – NOT

Lawrence Myers, over at BloggerNews.net, has what must be a payday loan April Fools joke. He quotes the founder for The Center of Responsible Lending, Herb Sandler, with the following:

“Our recent flawed research, complete with our worthless methodology, attempts to link payday lending to bankruptcy, closed bank accounts, credit card delinquency and a long list of other financial hardships,” McFib said. “There is really no excuse for us to manipulate the truth in this manner, other than to sway the media, public opinion, and opportunistic politicians into doing our bidding. With nobody able to stop our abuses now, we continue to distort the truth and release bogus “surveys” until we achieve our goal of complete domination over the short-term credit market. We see where lax non-profit organization oversight has led us, and we love it. We should learn a hard-taught lesson, but thankfully, nobody is taking us out to the woodshed where we belong.”

If you’re interested in payday loans, the new legislation recently introduced and a funny yet very sad read, mosey on over to Larry’s Blog. He has plenty of excellent insight in to many facets of the payday loan industry.

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26
Mar

Washington Payday Loan Laws

This is an interesting concept: if both sides of proposed payday loan legislation hate it, perhaps it deserves a second look.

The state of Washington, like many other states, has payday loan legislation introduces every year. Rarely does it go anywhere. Payday loan proponents typically want zero controls placed on their product offerings and proponents of payday loan legislation want the industry driven out of business. So, usually the bills go nowhere.

Washington state Representative Sharon Nelson (D-Maury Island) has introduced payday loan legislation this session that both sides find disgusting! Is this what it takes to get payday loan reform bills passed?

In essence, the proposed payday loan bill would require:

  • Payday lenders would be required to establish a statewide database to track all borrowers
  • Payday lenders would be required to establish a statewide database to track their incomes
  • Payday lenders would be required to establish a statewide database to track how many loans they have outstanding.

In her past life, Rep.Nelson created loan packages for Bank of America. Her bill, she says, “Recognizes that for some folks, payday lending works, and it also recognizes that for other folks it does not work and we need to establish a program to help them get out of debt.”

Interest-rate caps have resulted in the industry picking up stakes and leaving. Consumers are then forced to go to the Internet, call centers, or drive across state lines to get a payday loan.

Nelson told the Seattle News that leaders of various Latino organizations state payday lenders provide much-needed services. Ligia Velasquez, one of the planners of Hispanic Legislative Day and a board member at the Statewide Poverty Action Network, says the cheap check-cashing and wire transfers offered by payday lenders are valuable to many Latinos. Cristobal Guillen, president of the Association of Washington State Hispanic Chambers of Commerce, testified at a Feb. 10 House hearing on Nelson’s bill that payday lenders are some people’s only source of credit.

Nelson says her bill focuses on creating a balance between shutting down payday loan businesses and protecting consumers.

Specifically, Rep. Nelson’s bill would:

  • First, it would limit to eight the number of loans a person can take out during any calendar year.
  • Second, it would set a maximum amount that customers could borrow at any one time: 30 percent of their monthly income or $700.
  • Third, payday lenders would be required to offer a payment-plan option without additional fees to borrowers, giving them up to 90 days to pay debts up to $400, and 180 days for anything larger. Currently, the law requires the installment-plan option after four loans.Borrowers also wouldn’t be able to take out another loan while on an installment plan.
  • Finally, payday lenders would be required to establish a statewide database to track all borrowers: their incomes, how many loans they have outstanding, and whether any are on installment plans.

Dennis Bassford, CEO of Moneytree, wondered why banks and other retailers shouldn’t have to create statewide databases for credit-card holders, who’ve also been known to get in too deep.

On the other side of the proposed bill is Rep. Appleton, one of 10 House representatives who voted against the measure. She objects to allowing eight loans a year. Additionally, she wants a mandatory 30-day gap between loans, as well as a 36% interest-rate cap.

Ultimately, payday loan industry opponents are supporting the bill in the Senate, including the Washington Community Action Network and King County Councilmember Larry Gossett. A Gossett representative read a letter to the committee on Monday offering support for the bill. The committee is expected to vote on the bill next Monday.

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04
Mar

Payday Loan Laws in British Columbia – Canada

Canada: British Columbia announced new regulations capping total charges for payday loans offered in the province at $23 per $100 loaned including all interest and fees.

Additional British Columbia payday loan regulatory changes include:

A payday loan agreement between the payday lender and the payday loan borrower must be created that sets out all charges, terms and conditions.

Payday lenders must also display posters and signage showing their rates and fees.

Payday loan borrowers will have the right to cancel their payday loan by the end of the following day, without paying any fees.

Payday loan lenders will not be able to collect repayments on a payday loan directly from the borrower’s employer, or get unrestricted access to the customer’s bank account.

Payday loan lenders will not be allowed to ask for repayment of the loan before the borrower’s payday.

Payday lenders will not be able to issue more than one loan to a borrower at a time, and rolling one loan into another with new charges attached will also be prohibited.

Payday loan lenders will not be able to issue a payday loan for more than 50 per cent of the borrower’s next paycheck.

There has been significant growth in the short-term, payday loan lending industry in British Columbia in recent years. There are about 250-300 payday outlets in British Columbia.

As of Nov. 1, 2009 payday loan companies in B.C. will need to be licensed by the Business Practices and Consumer Protection Authority (BPCPA).

Payday loan borrowers will have the ability to resolve complaints outside of the courts. Furthermore, the BPCPA will have the tools to ensure industry compliance once the rules come into effect. The regulations will be reviewed in two years.

“These measures will help consumers clearly understand the costs associated with payday loans and assist those who find themselves in over their head financially as a result of repeatedly using payday loans,” said Scott Hannah of the Credit Counseling Society.

The B.C. government introduced payday loan legislation in the spring of 2007 and it was passed in the fall. The regulatory changes being announced today follow changes the Federal government made to the Criminal Code that year to allow provinces to set their own rates for payday lenders.

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14
Feb

Payday Loan Industry South Carolina Laws

The South Carolina House passed new payday loan legislation with the help of  House Speaker pro tem Harry Cato who expressed his support of “fair regulation.”  Finally, a tempered, well thought out approach to the payday loan industry!
Associate Press reports that the bill was approved by the South Carolina House with a 93-16 vote. Consumers will benefit in that the bill allows them to have one loan at a time for up to $600. In addition, an online database (provided by Veritec) that will be operational by February 1, 2010 will record when loans are made. Payday loan lenders will be required to check this database each time a consumer applies for a loan. Customers who are approved will also have the option of an extended payment plan if they are unable to pay within the standard two week’s time.

Another part of the bill limits customers to 10 successive payday loans. After that, they must wait until at least one payday has passed before they can apply for another.

Of course, Payday loan critics don’t feel these requirements are strong enough but there are substantial studies that refute this erroneous thinking.

However, more thoughtful proponents of financial choice for consumers, Speaker Bobby Harrell for example was quoted as saying:

Regulating the practice and enacting consumer safeguards is the right thing to do. These loans are meant to be short-term financial solutions for unforeseen expenses; capping the loan amount and creating a statewide database to ensure that someone can only have one loan at a time will help prevent individuals from falling into a bottomless cycle of debt.

We applaud Speaker Harrelland Speaker pro tem Harry Cato for their insight and understanding that everyone needs access to small, temporary loans for emergencies!

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02
Feb

Payday Loan Industry-Outlaw Bikers Take Over Loan Biz

Ellen Lutton over at Brisbane Times in Queensland, Australia wrote an interesting article regarding the payday loan industry there.
In essence, according to the author, motorcycle bikers are replacing the “mom-n-pop” payday loan locations that are going out of business because of new payday loan laws in Queensland.
No surprise here! The legislators can regulate the legitimate payday loan companies out of existence but they can’t eliminate the demand by consumers for small, non-collateralized loans! When are they going to figure this out!
Their well intended 48% rate cap in Queensland has simply driven consumers back to the real loan sharks; the ones who break legs!
Here’s a portion of the article.

NEW laws to control high-interest-loan businesses in Queensland have driven the industry underground, with outlaw motorcycle gangs now running exorbitant “payday lending” practices, an industry insider has alleged.

Pawnbrokers Industry Federation former president David Poole, who owns Ashgrove Cash Exchange in north-west Brisbane, said the State Government’s 48 per cent interest rate cap on consumer credit loans had put more than 200 loan centres out of business in the past six months.

As a result, the industry had been driven into the hands of bikies.

Queensland Police have refused to comment on the claim, citing operational sensitivities.

However, it is understood the state’s Outlaw Motor Cycle Gang (OMCG) Taskforce, codenamed Hydra, is investigating.

Mr Poole said the shift was a further blow for the industry, which had suffered badly from negative publicity.

“There’s now a criminal element to our industry that was not here before,” he said.

“Most pawnbrokers are honest, family-run businesses but almost immediately after the interest-rate cap was introduced, the bikies took over that type of lending and it’s gone underground.”

Since July 31, a maximum cap of 48 per cent a year has applied to consumer credit contracts in Queensland.

The cap includes fees and charges on the loan.

The laws were designed to protect vulnerable consumers who had been subject to rates up to 1600 per cent from some payday lenders.

Mr Poole said the cap had impacted heavily on lenders’ profits and the fallout from the closure of many businesses was “huge”.

“We’re talking over 200 mostly family-run business forced to call in on all their loans, each business with hundreds of loans,” he said.

“Can you imagine how devastating that is for the poor clients being called in, having to come up with the money all of a sudden?”

Read the entire article here:

Brisbane Times of Australia…

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