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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06
Mar

Payday Loan Lender Preparing for Another Board Meeting

RIICO charges, class action lawsuits, payday loan lender annual conventions, CFPB, state AG’s… what’s a payday loan guy or gal supposed to do? Take a nap next to the boat!

Payday loans

Preparing for another challenging day while enabling average Joe’s and Jill’s to get access to small dollar loans.

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31
Jan

Scott Tucker Dirty Money Netflix Ep2 Season 1

In October 2017, Scott Tucker was criminally convicted for his billion-dollar payday loan business. On Friday, he was sentenced to 16 years in prison. (Tucker’s attorney, Tim Muir, received 7 years.)

“As a unanimous jury found today, Scott Tucker and Timothy Muir targeted and exploited millions of struggling, everyday Americans by charging them illegally high interest rates on payday loans, as much as 700 percent,” Joon H. Kim, acting Manhattan U.S. Attorney, said in a statement. “Tucker and Muir sought to get away with their crimes by claiming that this $2 billion payday loan business was actually owned and operated by Native American tribes. Scott and his lawyer attempted to portray their Kansas City based AMG services as Native American owned; thereby having sovereign immunity. The jury disagreed.

Tribe payday loan business

Scott Tucker Payday Loan Business – Tribe Lenders

A lawyer for Tucker told said Scott  Tucker intends to appeal. Tucker is also appealing the $1.3 billion fine leveled against him last year by the Federal Trade Commission.

Meanwhile, Tucker is off to prison for 16 years!

The fact is, Scott Tucker’s payday loan business had thousands of returning borrowers! Why? Because they preferred Scott’s online payday loan product to the few options they had for borrowing a few hundred bucks without a hassle.

It’s true that Tucker employed MANY “tricks” and disclosure failures during the course of his customer’s online borrowing transaction. Too bad! Lenders don’t really have to do this. A lender can reveal ALL the costs, terms and transaction details BEFORE the potential borrower actually “signs on the dotted line” and still build a multi-million dollar loan portfolio. Many publicly traded and privately held companies are achieving this as I type here.

Tribal ownership? It appears that Scott Tucker and Timothy Muir accomplished this “after the barn doors were opened!” Their handling of this arrangement appears to have resulted in their mortal death. (They should have consulted with an experienced tribal chairman/manager like Allen Parker at Consultants4Tribes.com!)

Regarding the payday loan product offering itself, the media ALWAYS fails to disclose that there is more to the 700% interest rate they ALWAYS refer to than first meets the eye. This is an annualized interest rate required to be disclosed by the lender to a customer by the FED’s. By now, everyone knows that these loans aren’t meant to be rolled over every 2 weeks for years! They are scheduled to be paid off on the borrower’s next payday. You borrow $300 and payback $345. No big deal IF you have zero options and you want  a fast loan!

Scott Tucker screwed up! But of course, that’s easy for the rest of us to conclude having the benefit of hindsight! Tucker was a maverick; blazing new trails. As he says in the Netflix “Dirty Money,” Episode 2 treatise on his business, “There was no road map.”

 

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15
Jan

The Business of Lending Money: Tricks & Scams Just Plain Stupid!

By Jer Ayles. Attention payday, car title, signature, student, line-of-credit and yes, even Bitcoin lenders!

Do not play games with the FTC! They are “dialing for dollars.”

Opportunities to help US consumers abound! Consider just this one telling statistic: “About 46 percent of Americans said they did not have enough money to cover a $400 emergency expense. Instead, they would have to put it on a credit card and pay it off over time, borrow from friends or family, or simply not cover it at all.”

So… demand for our loan products continues unabated! However, that’s not an excuse for us to get sloppy with our marketing, customer on-boarding or transparency and disclosures.

This may be a new year BUT there still remains a lot of “cowboys” in our vertical that don’t have a clue about the risks they’re exposing themselves to when they screw with the FED’s.

Sure, the CFPB is unraveling thanks to President Trump. And as a result, all of us – including bankers and wall street – are getting some well deserved breathing room. Turns out a little less regulation has proven to give our economy a big kick in the pants; up she goes!

Still, the stupid stuff being done by a small group of knuckleheads in our industry continues. Here are links to just a couple of boners…

  • Fake payday loan debt: Link
  • $1.3B Fine against payday loan lender: Link
  • Lead generator fined $21M: Link
  • Think Finance debt collection fakes: Link
  • There are OH SO MANY MORE…

FTC staff are on an hourly hunt for lenders and a multitude of other industry players who make offers on their websites that cause consumer misunderstandings and products that default to a consumer “opt-in” while failing to disclose fees and ongoing relationships.

The FTC matter referenced below came to light in 2009. However, the supposed violations occurred back in 2006 & 2007. Imagine? Some tactic your company employed more than 10 years ago comes back to haunt you?

So… you MAY BE getting away with your tricks and scams today, but does what you’re doing pass what I call in our training materials, “the sleep test?”

Do you really want to do crazy stuff today only to pay big time – a la Scott Tucker – tomorrow?

DON’T think lender website violations are no longer taking place. I see it every day as I put on my consulting cap and advise my clients while reviewing their marketing and website IP.

And if anything, the FTC, CFPB and every other government acronym out there CONTINUES to scrutinize your lead generation and lending website for  deficiencies that will result in your paying a large fine to the agency in order to avoid litigation; even when you are not breaking any laws. It’s often cheaper in the long run to just pay off the regulators than to fight them; even if they’re wrong about you!

Avoid trick tactics that force consumers into your products and services that do not CLEARLY and CONSPICUOUSLY disclose all fees, recurring charges, APR’s… and related products designed to appear to be free to the consumer but in actuality result in a payment of some kind by the consumer.

This best practice also applies to any partnerships/collaborations you enter into when your goal is to capture consumer personal data for later resale to a lead generator or other consumer service provider.

Look! Just play it straight!! Don’t do crazy stuff!!! Again, THERE IS NO NEED!

Don’t attempt to trick consumers into anything that fails to pass the sniff test. You don’t have to. If you’ve been reading my ramblings for ANY length of time, YOU KNOW that the last FDIC study revealed 52% of US households cannot get their hands on $400 cash in a pinch!  Yeah, I know that sounds NUTS but it’s true!!

So… you can be the lender! Disclose EVERYTHING. Make it simple and clear to every potential borrower exactly what you offer and how much it costs.

Your BEST tactic for building a successful consumer loan business is to provide OUTSTANDING 100% service focused on your CUSTOMER! There is ZERO need for you to hide ANYTHING!

PLUS, YOU’LL SLEEP AT NIGHT! And, that is worth a lot of $$$$$. Just ask Scott Tucker…

Oh, and by the way! Don’t trust your attorney!! Question everything. Record everything. Get it ALL in writing. Get a second and third opinion. Google “Cash Call” for examples. While were at it, don’t trust your consultant either  🙂

Now, read the FTC inquiry below and smile if you are not currently a target.

Payday Loan Debit Cards

Payday Loan Debit Cards

Payday Loan, Signature Loan Debit Cards

Payday Loan, Signature Loan Debit Cards

Get our “Make Money Lending Money to the Masses” here: “The Loan Bible”

How to Loan Money to the Masses!

How to Loan Money to the Masses!

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11
Dec

Payday Loan Borrowers: “Those People.”

Jer Trihouse Payday Loan Consulting

Jer

By: Jer Ayles. Banks do not want payday loan consumers as customers. It’s true that a bank’s cost of capital is low, but they do not service sub-$3000 signature loans efficiently enough to make serious profits. Frankly, they do not want to be bothered. Bankers are too busy funding Bitcoin ETF’s and ICO’s, even if only privately.

Simple minded bank employees just want to get the payday loan demographic out of their bank branches; “those people.” Anyone who has worked in a bank knows exactly what I’m saying.

Hell, even the CEO at Elevate, a publicly traded Internet lender that reinvented itself (100% payday loans to signature loans at 100%+ APR’s), said as much during a recent interview! Jer Trihouse.

The fact is, the CFPB is undergoing a major reconfiguration. Their unjustified attacks against lawful businesses are at an end. A “new sheriff is in town.” “The Trump administration now has a perfect opportunity to close the corrupt and ideologically partisan Consumer Financial Protection Bureau (CFPB).” Payday lenders and other former, or potential, CFPB targets have been partying: World Acceptance (NASDAQ:WRLD), OneMain Holdings (NYSE:OMF), Santander Consumer (NYSE:SC), PHH Corp. (NYSE:PHH), Enova (NYSE:ENVA), Ezcorp (NASDAQ:EZPW)…

Meanwhile, our payday loan business model has evolved into a 6 – 24 month amortized loan product. ABILITY TO PAY HAS ALWAYS BEEN OF GREAT IMPORTANCE TO LENDERS; in spite of the ridiculous assertions made by politicians, the media and regulators.

Payday loan, car title, signature loan lenders… WE WANT OUR MONEY BACK! We submit our customers application data through a multitude of highly specialized underwriting data bases and perform significant due-diligence on every loan applicant. Ultimately our decision to fund a loan is based on our assessment of our loan applicant’s ability to pay us back.

This transaction – in spite of what the naysayers peddle – really MUST BE a win-win for both the lender and the consumer!

Meanwhile, there are basically three arenas you, as an entrepreneur, can go to battle in today:

  • Lending money to the masses. Your inventory? MONEY. (Yes dollars – not fruit, not books, not goods…) Profits? 100%+ annually IF you don’t screw up.
  • Cannabis. We all know that, in spite of the FED’s Schedule 1 designation, serious money continues to be made with the marijuana plant. Until the IRS cancels 280E, it’s a challenge to make serious, bankable profits. I’ve attended the biggest Cannabis Business Convention in the world the past 4 years in a row and it would blow your mind to witness the bags of cash floating around “looking” for a bank so the owner can legitimize their revenue.
  • Cryptos. I admit it. I got my Coinbase account back in 2013 and bought my first Bitcoin at $325. Today, I own Bitcoin, Ethereum and Litecoin. I’m gambling on a few more today…

Lending Money: Now that the CFPB has been deconstructed by President Trump, the interest in launching and funding small dollar loan companies by venture capitalists, family offices, and entrepreneurs from all walks of life is through the roof! The business of lending money to the masses is back!!  You interested?

How to Loan Money to the Masses!

How to Loan Money to the Masses!

Revised and updated for 2018. “How to Start a Payday Loan, Signature Loan, Small Dollar Lending Business” by Trihouse Consulting.

green-buy-now

Jer-Trihouse

Schedule a call with Jer

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