NY Times:
It's a huge problem, and a blight on too many areas. Virginia, for example.
Cheers,
Scott.
The rules are expected to address expensive credit backed by car titles and some installment loans that stretch longer than the traditional two-week payday loan, according to industry lawyers, consumer groups and government authorities briefed on the discussions who all spoke on the condition of anonymity because the deliberations are private. Certain installment loans, for example, with interest rates that exceed 36 percent, the people said, will most likely be covered by the rules.
Behind that decision, the people said, is a stark acknowledgment of just how successfully lenders have adapted to keep offering high-cost products despite state laws meant to rein in the loans.
[...]
The median income of payday loan borrowers was just over $22,400 a year, according to an analysis of roughly 15 million payday loans by the consumer bureau, leaving many struggling. Nearly 70 percent of borrowers use the loans to cover basic expenses, with only 16 percent tapping the loans for emergencies, the Pew Charitable Trust found.
That precarious financial footing helps explain how a single loan — say, $350 — can spiral, with a snarl of fees that exceed the amount first borrowed.
At the center of the regulations being considered, the people familiar with the matter said, is a requirement that lenders assess whether borrowers can repay loans — interest and principal — at the end of a two-week period by examining their income, other debts and their payment history.
Few people can, the data suggest, leaving borrowers to either roll over their loans, heaping on more fees, or take out new ones altogether. The bureau found that during a 12-month period, borrowers took out a median of 10 loans. Borrowers paid median fees of $458. The median amount borrowed was $350. And more than 80 percent of loans were rolled over or renewed within two weeks.
That churn is central to many lenders’ business, according to data from the bureau. Borrowers who take out 11 or more loans each year account for roughly 75 percent of the fees generated.
“Much of the business model is based on repeat borrowers,” said Michael D. Calhoun, president of the Center for Responsible Lending.
In hashing out the rules, the people said, the bureau has been wrestling with how to guard against that cycle while preserving some form of credit.
The expected underwriting requirements, the people briefed on the discussions said, would become increasingly stringent when borrowers apply for a second loan within a certain time period — most likely more than a month — before repaying their first.
An alternative underwriting requirement under consideration, the people said, would require that lenders provide additional protections, that could include limiting the size and duration of the loan, to ensure that borrowers can repay them without plunging further into debt. The rules being considered, those briefed on the discussions said, would limit the number of times a lender could roll over a borrower’s loan during a 12-month period.
Lenders may also be required to provide a so-called off-ramp, of repaying the debt. Also expected under the rules are limits on the number of times that lenders can gain access to a borrower’s checking account.
Among the most hotly debated parts of the rules, the people briefed on the discussions said, are just what kinds of loans fall under the guidelines. Some lenders, they said, have pushed to keep the definition narrow, arguing that car title loans and installment loans should escape the crackdown.
The decision to include those forms of credit, the people said, could represent a significant defeat for the payday industry, especially because some lenders, responding to shifts in the regulatory landscape, have shifted to offer those loans. Shortly after Arizona effectively banned payday loans, for example, ACE Cash Express began registering its storefronts as car-title lenders.
It's a huge problem, and a blight on too many areas. Virginia, for example.
Cheers,
Scott.