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Payday Loans Face New Limits Under Proposal From US Consumer Bureau

Payday Loans Face New Limits Under Proposal From US Consumer Bureau
Fri, 6/3/2016 - by Lisa Lambert
This article originally appeared on Reuters

The U.S. agency charged with protecting consumers from financial abuse unveiled a proposal on Thursday that would limit short-term borrowings known as “payday” loans, which can carry interest rates as high as 390%.

The Consumer Financial Protection Bureau’s proposal includes having lenders determine if some borrowers can afford to take out debt. It also calls for restrictions on loan rollovers.

Payday lenders typically cater to low-income borrowers who need cash in a pinch but cannot access financing from mainstream banks. The name comes from the idea that a borrower would take out an emergency loan and repay it with the next paycheck. Since the loans often are not collateralized, lenders take the risk of not being repaid and charge higher rates.

“Too many borrowers seeking a short-term cash fix are saddled with loans they cannot afford and sink into long-term debt,” said CFPB Director Richard Cordray in a statement, calling the proposal “mainstream” and “common-sense.”

“It’s much like getting into a taxi just to ride across town and finding yourself stuck in a ruinously expensive cross-country journey.”

The industry has braced for new regulation from the CFPB since the 2010 Dodd-Frank Wall Street reform law gave it authority over the payday loan market, and anticipation of new federal rules has already created political fractures on Capitol Hill.

Meanwhile, the Federal Bureau of Investigation and Internal Revenue Service have cracked down on alleged fraud and racketeering in the industry. Payday lenders are one of the targets of “Operation Chokepoint,” an FBI investigation into business relationships between banks and potential law-breaking companies.

The CFPB’s proposal includes a “full-payment” test for people borrowing up to $500 over a short period. Lenders would have to determine whether a borrower could afford each loan payment and still meet basic living expenses, according to a summary.

It would bar lenders from taking auto titles as collateral and would make it difficult for them to “push distressed borrowers into reborrowing.” It would also cap the number of short-term loans made in quick succession. At the same time, it would limit the number of times a lender could try to debit a borrower’s bank account for an outstanding payment, with the CFPB saying failed withdrawal attempts rack up bank fees for borrowers.

The proposal presents two alternatives for longer-term loans. One caps interest rates at 28 percent and the application fee at $20. The other is an installment loan of equal payment amounts, with the loan’s total cost capped at 36 percent.

The agency said current practices ensnare borrowers in “debt traps” with accumulating fees and interest, and that they encourage people to take out new loans to pay off old debts, all of which can leave them broke, without bank accounts, or carless.

Lenders say they fill a critical hole in the economy, allowing people living paycheck to paycheck to cover basic costs and those in need, who may have poor credit records, to quickly take out loans.

LONG FIGHT, POLITICAL FRACTURES

The fight over the proposal will span months. The agency will evaluate comments on the proposal, due Sept. 14, before issuing final regulations. It is also beginning a review of “other potentially high-risk loan products and practices” such as open-end credit.

Cordray was scheduled to discuss the proposal later on Thursday at a hearing in Kansas City, Missouri. A coalition of advocacy groups supporting reforms planned a rally in the city, while detractors have already begun voicing concerns.

On the political front, Republicans, who are widely critical of the bureau, say restricting small dollar, short-term loans will cut off struggling consumers’ access to a legal financial lifeline during emergencies.

Democrats generally support reform, but are divided on how it should be carried out.

Massachusetts Senator Elizabeth Warren and other proponents for stronger financial regulation have lined up behind the CFPB.

Democratic National Committee Chair Debbie Wasserman Schultz, on the other hand, has promoted the approach used in her home state of Florida which is considered more permissive. She has sponsored a bill with other members of the House of Representatives from the state to delay the CFPB rules for two years and exempt states with laws similar to Florida’s.

Originally published on Reuters

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The American people clearly spoke, and the drubbing Democrats received requires looking beyond just issue polls, voting patterns, campaign strategy, or get-out-the-vote tactics.

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

As Trump’s campaign grows increasingly bizarre, his team appears to be more tightly controlling his movements and carefully scripting his public appearances to minimize the negative impact his erratic behavior may have on undecided voters in swing states.

Throughout history, fascist governments have had a similar reliance on the use of lies as a weapon to take and retain power.

The American people clearly spoke, and the drubbing Democrats received requires looking beyond just issue polls, voting patterns, campaign strategy, or get-out-the-vote tactics.

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

As Trump’s campaign grows increasingly bizarre, his team appears to be more tightly controlling his movements and carefully scripting his public appearances to minimize the negative impact his erratic behavior may have on undecided voters in swing states.

Throughout history, fascist governments have had a similar reliance on the use of lies as a weapon to take and retain power.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

Posted 3 weeks 4 days ago

Former President Donald Trump is now openly fantasizing about deputizing death squads against Americans.

Posted 1 month 1 week ago

The 2024 Republican ticket’s incitement of violence against Haitian migrants in Springfield, Ohio, is revealing in more ways than one.

Posted 1 month 3 weeks ago

Throughout history, fascist governments have had a similar reliance on the use of lies as a weapon to take and retain power.

Posted 1 month 6 days ago

What Britain needs now is more politics, not more police.

Posted 1 month 3 weeks ago

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.