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Main Forums => The Roundtable => Topic started by: Balog on August 12, 2009, 09:48:26 PM

Title: Arkansas kicks out pay day lenders
Post by: Balog on August 12, 2009, 09:48:26 PM
Just heard it on the radio. Apparently the Arkansas Constitution has a clause against usury? Interesting.

Anyone else heard of this? Any thoughts?
Title: Re: Arkansas kicks out pay day lenders
Post by: Standing Wolf on August 12, 2009, 09:51:21 PM
Yet another government intrusion into matters that are none of its business.
Title: Re: Arkansas kicks out pay day lenders
Post by: makattak on August 12, 2009, 09:55:22 PM
Yet another government intrusion into matters that are none of its business.

Actually, although this is not the federal government's business, I have no problem with state or local governments getting involved with this.

People can vote with their feet in that case.
Title: Re: Arkansas kicks out pay day lenders
Post by: Gewehr98 on August 12, 2009, 10:21:08 PM
Wisconsin is getting really close to doing the same.

500% interest?  OMG.   :O
Title: Re: Arkansas kicks out pay day lenders
Post by: Balog on August 12, 2009, 10:23:46 PM
This does seem kind of a states rights issue. On the one hand, yeah .gov interference in the free market. On the other hand, those places have zero redeeming qualities so I find it hard to care.
Title: Re: Arkansas kicks out pay day lenders
Post by: charby on August 12, 2009, 10:28:19 PM
Wisconsin is getting really close to doing the same.

500% interest?  OMG.   :O

I have a friend who owns a payday lending company. I asked him about the high interest but he said that was an apr rate and most folks pay their loans off in less than a month, so the actual interest if lower.

He also told me it is cheaper for folks to borrow $200 from him then to pay the fees banks charge when check bounce. He said banks are behind getting legislation changed to prevent pay day lenders, banks want their $20-50 per bounced check fees.

Makes sense to me.

Title: Re: Arkansas kicks out pay day lenders
Post by: Gewehr98 on August 12, 2009, 10:29:55 PM
I would've thought that the banking regulations already on the books would come into play, but evidently, there's a loophole being exploited.

On one hand, nobody's forcing these people to do payday cash advances, but on the other, they're targeting a particular demographic with those horrendous 500% interest rates.

More here:

http://www.madison.com/tct/news/stories/460813
Title: Re: Arkansas kicks out pay day lenders
Post by: Declaration Day on August 12, 2009, 10:32:34 PM
This does seem kind of a states rights issue. On the one hand, yeah .gov interference in the free market. On the other hand, those places have zero redeeming qualities so I find it hard to care.

I live near Detroit, where if you blink while driving you'll miss five of those places.  While I think their practices are predatory, I can't support a law against them.  If someone is irresponsible enough to sign up for that "deal", they get what they deserve.
Title: Re: Arkansas kicks out pay day lenders
Post by: freakazoid on August 12, 2009, 10:35:59 PM
If I remember correctly we, those of us in the navy, are actually not even allowed to go to one of those pay day lone places.
Title: Re: Arkansas kicks out pay day lenders
Post by: Gewehr98 on August 12, 2009, 10:49:03 PM
For good reason, Freakazoid.

Ever notice how many are located really, really close to a military installation?
Title: Re: Arkansas kicks out pay day lenders
Post by: erictank on August 13, 2009, 03:18:14 AM
Wisconsin is getting really close to doing the same.

500% interest?  OMG.   :O

Whoa!  And I thought ol' Charlie Falk, The Enlisted Man's Friend in the Hampton Roads region, was bad!  Ship's Legal Department had a brief for new arrivals, back when I was in the Navy, with a redacted contract from one of Mr. Falk's area dealerships.  APR for the car loan was, IIRC, 38% - mere PEANUTS compared to one of the payday-loan places!
Title: Re: Arkansas kicks out pay day lenders
Post by: MicroBalrog on August 13, 2009, 07:46:39 AM
Actually, although this is not the federal government's business, I have no problem with state or local governments getting involved with this.

People can vote with their feet in that case.

Lochner v. New York had a very good reasoning against this.
Title: Re: Arkansas kicks out pay day lenders
Post by: AmbulanceDriver on August 13, 2009, 08:03:32 AM
Well, Oregon recently (iirc) put in a cap on the interest that payday loan lenders can charge.  Actually, pretty sure it's a cap on any lenders interest rate.  Frankly, I don't agree with the cap.  I don't like the payday lenders, but a) I've never found myself in the position to need their services, and b) no one is forcing people to borrow from them.  If someone really wants to pay 500% interest on a loan, and they're such a bad credit risk that no one else will lend to them, then so be it.  As an interesting sidebar, the payday lenders said that when the cap was being debated if it were enacted it would drive them out of business, make them stop lending to people who had no other choice, blah blah blah.  There's just as many payday lenders out there right now as before the cap was enacted.  What a shock.
Title: Re: Arkansas kicks out pay day lenders
Post by: brimic on August 13, 2009, 08:16:32 AM
Quote
I have a friend who owns a payday lending company. I asked him about the high interest but he said that was an apr rate and most folks pay their loans off in less than a month, so the actual interest if lower.

He also told me it is cheaper for folks to borrow $200 from him then to pay the fees banks charge when check bounce. He said banks are behind getting legislation changed to prevent pay day lenders, banks want their $20-50 per bounced check fees.

Makes sense to me

Banks must have been behind the instantaneous check clearing/cashing too.

Back when I was in college, I was able to carefully kite checks to places like Kmart to come up with an extra $20 of drinking money until my paycheck from the factory came in later in the week. :angel:
Title: Re: Arkansas kicks out pay day lenders
Post by: Firethorn on August 13, 2009, 10:21:50 AM
If I remember correctly we, those of us in the navy, are actually not even allowed to go to one of those pay day lone places.

You're actually still allowed to go there, it's just that they can't legally issue you a loan with an effective apr above 36%, including all issue fees and such.  The payday places have mostly decided that 36% isn't enough for them to make money, and now decline to do business with military.

Other things affected are those tax refund advance loans - many of them were effectively above 100% because they only get you your money back a week or so early, and charge a couple percent.

The problem with those huge interest rates is the fear that somebody can get into trouble, borrow a bit of money, then quickly find themselves in a hole worse than getting money from the old loansharks would have been.

Saw an article where a NCO was going around to a bunch of different places and getting loans to pay off PD1 with money from PD2.  He burned through like $10k over the course of a year - for an initial loan of only $1k.

500% interest is LOW compared to what some PD places were charging.

Of course, my concern is that payday loans, much as I wouldn't touch one with a hundred foot pole, DO have a legitimate place in business, it CAN help those who get them.  It's just that they're very, very dangerous and those that can use them responsably are also the types who can get better terms.
Title: Re: Arkansas kicks out pay day lenders
Post by: Headless Thompson Gunner on August 13, 2009, 10:38:38 AM
You're actually still allowed to go there, it's just that they can't legally issue you a loan with an effective apr above 36%, including all issue fees and such.  The payday places have mostly decided that 36% isn't enough for them to make money, and now decline to do business with military.

This, I think, is an interesting point.  Given the nature of these payday lenders, the incredibly short duration of the loans, and the extreme riskiness of the typical borrower, I bet it's very difficult to break even and make a profit without charging multi-hundred percent APRs.

Run the math.  500% APR is a bit less than 10% per week, so a $300 one week payday loan at 500% results in an interest payment of less than $30.  For 30 clams, the payday business must cover all of the costs of issuing the loan: administrative, overhead, default risk, collections, the time value of the money, and still have enough profit leftover to justify operating the business.  Seems like a tall order.

Is it still usury if the loan really does require that much interest just to cover the basic costs of issuing the loan?
Title: Re: Arkansas kicks out pay day lenders
Post by: Firethorn on August 13, 2009, 11:00:02 AM
Is it still usury if the loan really does require that much interest just to cover the basic costs of issuing the loan?

Thus my point that paydays DO have a place, but I'll point out that credit cards manage to fill that niche as well, and they mostly don't charge 36%, much less 500%.

Including merchant fees, I figure my credit card company averages 24% off of the money I borrow and pay back to them each month.  I cycle most of my spending through the card.  I don't pay interest, they pay me a bit to use the card.

On the other hand, I wish I still had that application for a bad credit credit card - over $400 in fees, for a card with a $500 limit. I laughed and tossed it after reading it in a sort of sick fascination.
Title: Re: Arkansas kicks out pay day lenders
Post by: roo_ster on August 13, 2009, 11:02:50 AM
Yep, some folks are such a risky borrower that you need things like 500% APR.
Title: Re: Arkansas kicks out pay day lenders
Post by: Headless Thompson Gunner on August 13, 2009, 11:10:21 AM
It's not just the rate, it's the duration of the loan.  No matter how high the rate is, as the duration of the loan approaches zero so does the interest accrued.
Title: Re: Arkansas kicks out pay day lenders
Post by: AZRedhawk44 on August 13, 2009, 11:23:15 AM
It's not just the rate, it's the duration of the loan.  No matter how high the rate is, as the duration of the loan approaches zero so does the interest accrued.

500% annual comes out to around 41% monthly.

I used one of these guys, once, back in college.  Needed rent money.  Borrowed $500.  It took 2 months to get them off my back.  It was really, really, tough, since my income was only about $600 a month.  I don't think the interest rate came out to 500% annual... IIRC it was "only" about 200% annual.  It cost me $50 or so in interest fees over that 2 month period.
Title: Re: Arkansas kicks out pay day lenders
Post by: Headless Thompson Gunner on August 13, 2009, 12:15:06 PM
Maybe I misunderstand how payday loans work.  I thought the idea was that they'd front you a few hundred dollars to carry you until you get your next paycheck, which would be within a week or two.  I didn't think they were supposed to be used for loans that would take multiple months to pay off.
Title: Re: Arkansas kicks out pay day lenders
Post by: Firethorn on August 13, 2009, 12:36:23 PM
Maybe I misunderstand how payday loans work.  I thought the idea was that they'd front you a few hundred dollars to carry you until you get your next paycheck, which would be within a week or two.  I didn't think they were supposed to be used for loans that would take multiple months to pay off.

They're not, but, well, if your income is so low that you need one, how likely are you to actually have the money to pay them off?

IE if your income is $1100/month, and you spend $1000/month normally, but have an emergency that you need $500, you can't just drop your expenses by $500 to pay it off on time.

And the lenders are perfectly willing to roll over, renew, or issue a new payday loan to cover the expiring one, using your spare $100 to pay the interest/fees.  Some places the borrower simply goes to lending place B to pay off A, then C to pay off B, etc...
Title: Re: Arkansas kicks out pay day lenders
Post by: AZRedhawk44 on August 13, 2009, 12:51:22 PM
They're not, but, well, if your income is so low that you need one, how likely are you to actually have the money to pay them off?

IE if your income is $1100/month, and you spend $1000/month normally, but have an emergency that you need $500, you can't just drop your expenses by $500 to pay it off on time.

And the lenders are perfectly willing to roll over, renew, or issue a new payday loan to cover the expiring one, using your spare $100 to pay the interest/fees.  Some places the borrower simply goes to lending place B to pay off A, then C to pay off B, etc...

QFT.

My $600 a month income and $500 payday debt was a horror.  I only used the service once, but I had to re-use it to finance the debt for 4 paychecks.  I ended up picking up extra work on weekends at a day labor center in order to pay it off.

I'm glad it was there when I needed it, but it's something you HAVE to bust your hump to pay off.  Some people don't bust their hump and they just get in really deep, and the payday loan store is usually the last place left to get any credit... before people hit the bottom of the barrel.

I think attacking the payday lenders is fighting a fire with a squirt gun, though.  It still boils down to consumer culture rather than saving culture.  We were much stronger in the 40's and 50's than we are now... and we were a saving culture then.
Title: Re: Arkansas kicks out pay day lenders
Post by: Firethorn on August 13, 2009, 01:30:03 PM
I think attacking the payday lenders is fighting a fire with a squirt gun, though.  It still boils down to consumer culture rather than saving culture.  We were much stronger in the 40's and 50's than we are now... and we were a saving culture then.

I'm willing to bet that you'd have had to bust your hump a whole lot less if you'd done it BEFORE the expense occured that had you visiting the payday place.

We don't need a saving culture so much as we need an investment culture.
Title: Re: Arkansas kicks out pay day lenders
Post by: cassandra and sara's daddy on August 13, 2009, 01:47:33 PM
Banks must have been behind the instantaneous check clearing/cashing too.

Back when I was in college, I was able to carefully kite checks to places like Kmart to come up with an extra $20 of drinking money until my paycheck from the factory came in later in the week. :angel:


now banks are doing the kiting.  they caon and do clear your stuff fast. unless you deposit a large check then they play the 5 day hold game.  quite amusing when you have acess for both accounts and see how quickly the checks actually clear
Title: Re: Arkansas kicks out pay day lenders
Post by: AZRedhawk44 on August 13, 2009, 01:50:29 PM

now banks are doing the kiting.  they caon and do clear your stuff fast. unless you deposit a large check then they play the 5 day hold game.  quite amusing when you have acess for both accounts and see how quickly the checks actually clear

I don't see that at all.

My pay checks are instantaneously available.  Whether via ETF, or by hand deposit.

I bank with a Credit Union though.  I left behind all the traditional banks around 2001 and haven't looked back.
Title: Re: Arkansas kicks out pay day lenders
Post by: cassandra and sara's daddy on August 13, 2009, 02:12:37 PM
deposit a larger check and they play the game.  quite amusing as their justification is the money has to clear. i know that the check i deposited monday the money was gone from the drawn upon acct tuesday and its still not showing in my acct. and remarkably when the checks go the reverse direction it happens too
Title: Re: Arkansas kicks out pay day lenders
Post by: Declaration Day on August 13, 2009, 06:32:52 PM
deposit a larger check and they play the game.  quite amusing as their justification is the money has to clear.

Yes, they do.  My wife got a check from a lawsuit settlement a few months ago.  I won't disclose the amount but it was substantial.  We took it to our bank and they told us it would take eleven business days to clear.  So we went to the issuing bank, where we were treated as though we were trying to pull a fake check scam, told we had to open an account there, and it would take....you guessed it....... eleven business days to clear.  We ended up depositing it in our existing account and waiting it out.  Damn, that was a looong two weeks.
Title: Re: Arkansas kicks out pay day lenders
Post by: Waitone on August 13, 2009, 06:58:51 PM
Payday loan calculator
http://www.creditprovide.com/calculator/paydayloancalculator.html
Title: Re: Arkansas kicks out pay day lenders
Post by: cassandra and sara's daddy on August 13, 2009, 07:46:22 PM
in one case i had a rather large check from a family member.they pulled the same crap  and again i know what date the money left their account
Title: Re: Arkansas kicks out pay day lenders
Post by: red headed stranger on August 18, 2009, 10:13:39 AM
I have a friend who owns a payday lending company. I asked him about the high interest but he said that was an apr rate and most folks pay their loans off in less than a month, so the actual interest if lower.

He also told me it is cheaper for folks to borrow $200 from him then to pay the fees banks charge when check bounce. He said banks are behind getting legislation changed to prevent pay day lenders, banks want their $20-50 per bounced check fees.

Makes sense to me.



It would not surprise me at all if the banks were behind some of this legislation.  However, some of the larger banks play both sides and back a number of the check cashing and payday loan places. 
Title: Re: Arkansas kicks out pay day lenders
Post by: seeker_two on August 18, 2009, 01:32:48 PM
It would not surprise me at all if the banks were behind some of this legislation.  However, some of the larger banks play both sides and back a number of the check cashing and payday loan places. 

I'm thinking it was a combination of banks and pawn shops that helped push this through.....
Title: Re: Arkansas kicks out pay day lenders
Post by: HankB on August 18, 2009, 02:09:44 PM
Another game banks play . . . suppose you make a deposit after 3:00 PM on Friday. Even if it's cash, it won't post to your account until Monday. They'll say the teller has balanced, the workday is over, yadda yadda yadda. So you've lost a couple of days of that great 0.1% interest on your deposit.

BUT . . . suppose you withdraw money after 3:00 PM on Friday? Guess what, they manage to post it that very day! And . . . the bank doesn't have to pay you that 0.1% interest over the weekend, either, since the money is gone!

Amazing how that works out, isn't it?   :rolleyes:
Title: Re: Arkansas kicks out pay day lenders
Post by: AJ Dual on August 18, 2009, 02:29:03 PM
Indeed, they're making micro-interest while the funds are on their ledger for those 3-5 days. It's not even a penny for most transactions, but the sum total of them, it adds up.