Why are Payday Loans Legal? An Expert's Perspective

Payday loans are small short-term loans subject to state regulation with high interest rates that usually expire on the consumer's next payday after taking out the loan.

Why are Payday Loans Legal? An Expert's Perspective

Payday loans are small loans subject to state regulation. Traditionally, states have capped small loan rates to an annual interest of 24 to 48 percent and require installment schedules. Many states also have criminal usury laws to protect consumers. Many consumers who need cash quickly turn to payday loans, short-term loans with high interest rates that usually expire on the consumer's next payday after the loan is taken out.

The annual percentage rate of these loans is usually very high, i.e., in the hundreds of percent. In recent years, the availability of payday loans via the Internet has increased markedly. Unfortunately, some payday loan transactions have employed deception and other illegal behaviors to take advantage of financially distressed consumers seeking these loans. However, in most other states, single payday loans are still common. The large, unaffordable lump sum payments required for these loans account for about one-third of the borrower's typical paycheck2, leading to repeated borrowing and, in turn, consumers having debt much longer than the announced two-week loan term.

In previous research, The Pew Charitable Trusts found that single-payment loan borrowers borrowed their original capital again, paying multiple fees, for five months of the year on average.3 In addition, some lenders have switched from single-payday loans to high-cost installment payment loans to evade consumer protection laws.4 Payday lenders operate stores in 32 states, of which only Oklahoma and the four that passed comprehensive reforms have completely switched from high-risk, single-payment loans to those using an installment structure. They have laws that explicitly prohibit payday loans or have low price limits that effectively do. In addition, federal agencies should support state reform efforts by avoiding one-time lending at the national level, curbing other harmful credit practices and ensuring that various providers, including payday lenders, consumer finance companies, financial technology companies, banks and credit unions, offer safer services and lower cost installment loans instead of lending with global payments. State legislators can and should effectively protect consumers from loans with excessive costs and other harmful terms.15 Single payday loans still exist in 27 states and are the most common type of payday loan in most of them, even when lenders also issue loans to payday terms and lines of credit. Lawmakers in states with payday loans that want to preserve access to small loans must enact comprehensive reforms such as those in Colorado, Hawaii, Ohio, and Virginia. This means you don't have to give the lender any collateral or borrow an item of value like you do in a pawn shop.

Although the federal Truth in Loans Act requires payday lenders to disclose their financial charges, many people overlook the costs. Borrowers can circumvent these laws by taking loans from more than one lender if the state does not have an enforcement mechanism in place. In previous research, The Pew Charitable Trusts found that single-payment loan borrowers reborrow their original capital, paying multiple charges, for five months of the year on average. Before a regulatory policy came into effect in Colorado, prices for payday finance charges were freely distributed around an equilibrium. In the early 1990s, check collectors began offering payday loans in states that were unregulated or had lax regulations. In states that do allow or regulate payday loans, you may be able to find more information from your state regulator or state attorney general.

If you are unable to repay a payday loan, the account may be sent to a collection agency which will chase you for the money and interest you owe. The state database does not allow a licensed payday lender to issue a loan to a consumer if the loan would result in a violation of state law. Threatening to file criminal charges against borrowers is illegal when it comes to a post-dated check but using checks dated to the day the loan is granted allows lenders to claim theft. Some states also limit the number of loans per borrower per year (Virginia, Washington), or require that after a fixed amount of loan renewals the lender must offer a longer-term lower-interest loan so that the borrower can exit the debt cycle by following a few steps. State policymakers can and should effectively protect consumers from loans with excessive costs and other harmful conditions. The study found that payday lenders target young people and the poor especially low-income populations and communities near military bases.

As long as you live in the UK have a bank account in the UK work full time and are over 21 you can apply for a loan with us. An investigation conducted by the Consumer Financial Protection Bureau during the Obama administration found that nearly 1 in 4 payday loans are borrowed nine times or more. A payday loan is a type of short-term loan in which a lender will provide high-interest credit based on your income.

Cara Longendyke
Cara Longendyke

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