Tag: payday loan laws

31
Jan

Payday Loans, Advance America Laws & Government Affairs

The payday loan industry, after getting hammered the past few months, is getting more proactive in pursuing their agenda; satisfactory payday loan laws, legislation and regulation.

Advance America (AEA), with nealy 2900 locations in 33 states plus the UK and Canada, hired Tony S. Colletti to serve as a Company director. This is a big deal! Tony Colletti runs Colletti & Assoc. a public relations company out of Chicago; isn’t that ironic! The guy comes from Chicago (Obama land) and has experience and connections throughout the payday loan industry and the regulatory purgatory the payday loan industry is in.

We’re very upbeat about this appointment. Advance America, amongst many others, is a very large and profitable payday loan company whose agenda includes fighting for the rights of consumers to have access to multiple financial products and in defending our industry and all the employees, business operators, commercial property owners that depend on the micro-lending niche.

Our expectation is that Mr Colletti and his peers in the payday loan industry can communicate to legislators that, in general, it isn’t consumers who complain about our products.  When one digs down to the roots of any complaints, it’s the so-called consumer protectionists, who have their own agendas, and competitors such as banks, credit unions, installment lenders and credit card companies.

Mr. Colletti, age 56, is the founder of Colletti & Associates, a public affairs consultant. Mr. Colletti was also formerly an employee of Multistate Associates Incorporated, a state and local government relations services company, which provides government relations and outsourced management services to the Community Financial Services Association of America (“CFSA“), a national trade association for the payday cash advance services industry. Via Multistate, Mr. Colletti served as executive vice president of the CFSA from 2004 through 2007. Prior to this, Mr. Colletti was the General Counsel and Senior Vice President of Check Into Cash, Inc. from 2001 to 2004. Mr. Colletti previously was engaged in the private practice of law.

Advance America is a founding member of the CFSA, a not-for-profit payday loan organization.

Multistate provides management services to CFSA, including the outsourced employment of all CFSA personnel. Multistate also provides government relations and management services to numerous entities not affiliated with the Advance America or the CFSA.

As a member of the CFSA, Advance America supports the CFSA through the payment of membership dues and assessments. Additionally, Advance America supports various legislative and public relations initiatives for the payday cash advance services industry sponsored by the CFSA. On behalf of the CFSA, Multistate has in the past engaged Mr. Colletti as an independent contractor in connection with these activities.

During 2008, the Advance America contributed an $314,500 to the CFSA in regular annual membership dues and assessments. Additionally, Advance America made payments totaling $125,179 to the CFSA or directly to Multistate in 2008 in support of projects for which Mr. Colletti was retained by Multistate as a consultant on behalf of the CFSA. Advance America also provided funds to the CFSA or Multistate in 2008 to support other projects in which Mr. Colletti did not have an interest.

During 2008, Mr. Colletti received a salary of $119,000 and health, dental and other customary benefits as an employee of Multistate. Mr. Colletti received additional payments in 2008 totaling $64,565 from Multistate for his services as an independent consultant on certain projects financially supported by the CFSA and Advance America. Beginning in 2009, Mr. Colletti is engaged by Advance America directly on two separate government relations initiatives for which he will be paid by Advance America monthly consulting fees of $5,000 and $10,000, respectively. The first initiative is for an indeterminant period. The second is expected to terminate at the end of 2009. Mr. Colletti also will be paid by Advance America the standard board fees for its non-employee directors of $70,000 per year plus $1,000 for each meeting of the Board or its committees that he attends.

Regarding Mr. Colletti’s appointment Billy Webster, Advance America’s Chairman, stated: “Tony Colletti is one of the premier government relations experts in the United States. In addition, Tony understands that hardworking families deserve the freedom to chose among their credit options, and that millions of Americans use our products and services to help them overcome unexpected financial difficulties. We are fortunate to have someone with his knowledge of our industry and business experience serving on our board. We will greatly benefit from his expertise.”

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27
Jan

Payday Loan Laws – South Carolina Legislation

South Carolina legislators introduced new payday loan legislation that will protect consumers from the so-called “cycle of debt” and allow thousands of payday loan employees and entrepreneurs to remain in business.

The bills sponsors introduced payday loan legislation that permits consumers to take out no more than one payday loan at a time for up to $600 dollars and enroll lenders in a state database before granting loans. Lender fees would be used to set up and operate the database, which would instantly report when loans are made. The database would track consumers and make sure they don’t have more than one loan at a time. Lenders are allowed to charge $15 for every $100 borrowed for the loans that have to be repaid in two weeks. For people that can’t pay loans on time, lenders will be able create payment plans that aren’t allowed under current law.

We applaud the direction the legislators of South Carolina are headed. It protects consumers from the few payday loan operators who abuse them. It allows the payday loan product to exist. And the commercial property owners can continue to lease their locations to payday loan companies in South Carolina.

Consumers by the millions use payday loans in Canada, the U.S.A., Australia, New Zealand, Korea, Barbados, the Bahamas, and the United Kingdom every year. There is no doubt that demand by consumers for the payday  loan product exists. The Legislators and regulators must find a way to meet the needs of consumers and protect them from abuse by the few operators that exist in every industry including banks, credit card companies, loan modification companies, etc.

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13
Jan

Payday Loans:Fair & Balanced Media Coverage

Wow, what a shocker! The payday loan industry got a little fair coverage by the New Hampshire Sentinel Post regarding the pros and cons of the payday loan product.

Excellent arguments can be made for and against so-called payday lending.

Sometimes you might need $100 or so for two weeks just to get over a rough patch, a miscalculation in the family finances, so to speak. You can hardly go to the bank for that, and anyway banks don’t make two-week loans. And maybe your sister-in-law is tapped out. So you borrow the money from a payday lender. You pick it up on a Monday, and you pay it back a week from Friday, plus a $20 fee. Sure, that interest would add up to 500 percent on an annual basis, but you’re not borrowing the money for a year. And nobody’s going to loan you $100 for two weeks and charge a nickel. There’s no business model in that. So you willingly pay the $20. No harm done.”

They go on to say: “In other words, payday lending performs a service, and it poses a threat. Should it be outlawed? How far should the state government go in protecting people from their own potential folly?

They continue: “Ken Compton is CEO of Advance America, the nation’s biggest payday lender. His company has (or maybe had) stores in 20 New Hampshire communities, including Keene. On January 15, 2008, he made a persuasive case for payday lending, in a column published on this page.

“The measured use of payday advances allows consumers a firm footing to overcome unexpected financial circumstances,” Compton wrote. “Our customers are educated and appreciate why such a product, with a comparatively low one-time fee, makes more sense than accepting the costs and other consequences related to bouncing a check, missing a credit card payment or neglecting an outstanding bill. Payday advances are a valuable tool in our customers’ financial tool belt.”

Finally, The Sentinel Post offers some pretty sound advice: “Actually, Compton’s best option now, if he wants to do business in New Hampshire, is to go back to the Legislature and try to get the interest cap repealed or revised. He has fought the good fight, and lost. In the words of another fellow with some knowledge of personal finance: “You got to know when to hold ’em, know when to fold ’em, know when to walk away and know when to run.”

Read the entire article here: SentinelSource.com

Do you think this fair and balanced media coverage is a portent of the future? Or is it an anomaly? What do YOU THINK? Leave a comment!

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08
Jan

Advance America Takes it in the Shorts in New Hampshire

There’s a new update regarding payday loan legislation in New Hampshire over at PaydayLoanLegislation.com

Bottom line, Advance America’s new payday loan styled product is not gonna fly. Of course Advance America plans to appeal the ruling by the New Hampshire banking commissioner so we haven’t seen the end of the creative genius at Advance America.

We wish them the very best of luck!

Consumers need all the choices that can be made available in an effort to provide multiple financial product selection at competitive prices.

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03
Dec

Payday Loans and Unintended Consequences to Regulation

There is a well written and fairly balanced discussion of the Iowa payday loan industry written by Alec Schierenbeck of The Iowa Independent. In addition to Iowa, it highlights many of the issues faced by regulators of the Payday Loan Industry

Attempts to regulate the payday loan industry out of existence at the expense of consumers with a real need for small, noncollateralized loans must be balanced or unintended consequences will result. Comments by so-called consumer protectionists to ban the payday loan product or reduce the interest rates to an unsustainable rate (ie:36% APR) and thus “force these consumers to go to family and friends for a small loan to fix the car to get to work or to feed the kids is not an option. These “protectionists” need to spend an hour on the phone in a payday loan store where they’ll discover it’s often the family members of those in need who are calling us to inquire about a loan! The family doesn’t want to loan the payday loan consumer any more money because THEY NEVER GET PAID BACK!

For a taste of this payday loan article:

“And as policymakers attempt to clean up the nation’s credit mess, they will confront many of the same questions raised by the explosive growth of payday lending. At what point is an interest rate too high? When is a convenient loan too convenient? And how should governments balance regulation with respect for private enterprise and individual choice?

While the industry continues to grow at breakneck speed in many parts of the country, six states and the District of Columbia have decided that payday lending goes too far. Just this year, Ohio became the most recent state to pass legislation effectively eliminating the loans by imposing a cap on interest rates of 28 percent. At that rate, say payday lenders, their businesses have no choice but to close.

‘They’ve saved my life’

But Tammy, a mother and part-time employee at a nursing home in Newton, Iowa, believes that an Iowa ban on payday loans would be a disaster. “They’ve saved my life quite a few times,” she said on a recent afternoon, as she stood in the parking lot of a Newton strip mall after paying off a loan for $125 along with its finance charge of $19.44, which amounted to a 405.46 percent annual interest rate.

She accepts the steep finance charges because, for people like Tammy and her husband, there aren’t many other options. For those who have already exhausted their credit cards, it’s difficult to find another way to borrow money in the short term. And traditional banks, even for customers with stellar credit, rarely deal in loans as small as Tammy takes out on a regular basis.

As she reflected, “There have been times when I had to come here just to get food to feed my family.”

More on payday loan laws and legislation can be found here: www.Payday Loan Legislation.com

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