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Legislation regarding payday loans varies widely between different countries, and in federal systems, between different states or provinces. To prevent usury unreasonable and excessive rates of interest , some jurisdictions limit the annual percentage rate APR that any lender, including payday lenders, can charge.
Some jurisdictions outlaw payday lending entirely, and some have very few restrictions on payday lenders. There are many different ways to calculate annual percentage rate of a loan. Depending on which method is used, the rate calculated may differ dramatically; e. Although some have noted that these loans appear to carry substantial risk to the lender,   it has been shown that these loans carry no more long term risk for the lender than other forms of credit.
The basic loan process involves a lender providing a short-term unsecured loan to be repaid at the borrower's next payday. Typically, some verification of employment or income is involved via pay stubs and bank statements , although according to one source, some payday lenders do not verify income or run credit checks. In the traditional retail model, borrowers visit a payday lending store and secure a small cash loan, with payment due in full at the borrower's next paycheck.
The borrower writes a postdated check to the lender in the full amount of the loan plus fees. On the maturity date , the borrower is expected to return to the store to repay the loan in person. If the borrower does not repay the loan in person, the lender may redeem the check.
If the account is short on funds to cover the check, the borrower may now face a bounced check fee from their bank in addition to the costs of the loan, and the loan may incur additional fees or an increased interest rate or both as a result of the failure to pay. In the more recent innovation of online payday loans, consumers complete the loan application online or in some instances via fax , especially where documentation is required.
According to a study by The Pew Charitable Trusts , "Most payday loan borrowers [in the United States] are white, female, and are 25 to 44 years old. However, after controlling for other characteristics, there are five groups that have higher odds of having used a payday loan: The average borrower is indebted about five months of the year.
This reinforces the findings of the U. Federal Deposit Insurance Corporation FDIC study from which found black and Hispanic families, recent immigrants, and single parents were more likely to use payday loans. In addition, their reasons for using these products were not as suggested by the payday industry for one time expenses, but to meet normal recurring obligations.
The report did not include information about annual indebtedness. Pew's demographic analysis was based on a random-digit-dialing RDD survey of 33, people, including 1, payday loan borrowers. We need the government to take urgent action, not only to rein in rip-off lenders, but also to tackle the cost of living crisis and cuts to social protection that are driving people towards the loan sharks in the first place.
The likelihood that a family will use a payday loan increases if they are unbanked or underbanked , or lack access to a traditional deposit bank account. Since payday lending operations charge higher interest-rates than traditional banks, they have the effect of depleting the assets of low-income communities.
We find that in states with higher payday loan limits, less educated households and households with uncertain income are less likely to be denied credit, but are not more likely to miss a debt payment. Absent higher delinquency, the extra credit from payday lenders does not fit our definition of predatory. The report goes on to note that payday loans are extremely expensive, and borrowers who take a payday loan are at a disadvantage in comparison to the lender, a reversal of the normal consumer lending information asymmetry, where the lender must underwrite the loan to assess creditworthiness.
A recent law journal note summarized the justifications for regulating payday lending. The summary notes that while it is difficult to quantify the impact on specific consumers, there are external parties who are clearly affected by the decision of a borrower to get a payday loan. Most directly impacted are the holders of other low interest debt from the same borrower, which now is less likely to be paid off since the limited income is first used to pay the fee associated with the payday loan.
The external costs of this product can be expanded to include the businesses that are not patronized by the cash-strapped payday customer to the children and family who are left with fewer resources than before the loan. The external costs alone, forced on people given no choice in the matter, may be enough justification for stronger regulation even assuming that the borrower him or herself understood the full implications of the decision to seek a payday loan.
In May , the debt charity Credit Action made a complaint to the United Kingdom Office of Fair Trading OFT that payday lenders were placing advertising which violated advertising regulations on the social network website Facebook.
The main complaint was that the APR was either not displayed at all or not displayed prominently enough, which is clearly required by UK advertising standards. In August , the Financial Conduct Authority FCA of the United Kingdom has announced that there have been an increase of unauthorized firms, also known as 'clone firms', using the name of other genuine companies to offer payday loan services. Therefore, acting as a clone of the original company, such as the case of Payday Loans Now.
The FDCPA prohibits debt collectors from using abusive, unfair, and deceptive practices to collect from debtors. In many cases, borrowers write a post-dated check check with a future date to the lender; if the borrowers don't have enough money in their account by the check's date, their check will bounce. In Texas, payday lenders are prohibited from suing a borrower for theft if the check is post-dated. One payday lender in the state instead gets their customers to write checks dated for the day the loan is given.
Customers borrow money because they don't have any, so the lender accepts the check knowing that it would bounce on the check's date. If the borrower fails to pay on the due date, the lender sues the borrower for writing a hot check. Payday lenders will attempt to collect on the consumer's obligation first by simply requesting payment. If internal collection fails, some payday lenders may outsource the debt collection, or sell the debt to a third party. A small percentage of payday lenders have, in the past, threatened delinquent borrowers with criminal prosecution for check fraud.
The payday lending industry argues that conventional interest rates for lower dollar amounts and shorter terms would not be profitable. Research shows that on average, payday loan prices moved upward, and that such moves were "consistent with implicit collusion facilitated by price focal points". Consumer advocates and other experts [ who?
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