If you're new here, you may want to learn what this site is about. I encourage you to subscribe to my RSS feed. Thanks for visiting!
Last month, Marc Hedlund shared a guest article about the dangers of the payday loan trap. He wrote:
The basic lesson for personal finance is the same you’ll have heard many times, but it always bears repeating: If it seems like you’re getting easy money, watch out! Easy money is the hardest kind there is.
Hedlund’s piece was inspired a New York Times article profiling the payday loan industry. Now the Times has published a thoughtful editorial from Robert H. Frank. Frank is an economist at Cornell University, and the author of the upcoming The Economic Naturalist: In Search of Answers to Everyday Enigmas. He writes:
Each society must decide whether the costs of easy credit outweigh the benefits. This entails trade-offs similar to those we confront when deciding whether to regulate drugs. For example, alcoholic beverages, like payday loans, inflict considerable harm on a small percentage of people, but prohibiting alcohol appears to create more serious problems than it solves. Prohibiting cocaine and heroin entails troubling side effects, too. Even so, concern for those most vulnerable to these drugs has led most societies to prohibit them. Evidence suggests that easy credit access is more like heroin and cocaine than alcohol.
That’s twice today that I’ve seen credit abuse compared to drug addiction. (The first was in response to my confession that I do not trust myself with a personal credit card — one reader compared this to alcoholism, which I thought rather apt.) Frank wonders aloud who is responsible for this addiction to cheap credit. He suspects that the real problem is a “recent liberalization of lending laws”:
Those who feel that payday lending is a bad thing are inclined to vent their anger about the hardships it has created. But outrage directed at payday lenders cannot prevent those hardships, just as outrage directed at alpha male lions cannot prevent them from killing cubs. A more deserving target would be legislators who supported lax credit laws in exchange for campaign contributions from lenders.
I’m not sure that legislators are a more deserving target. Frank hints, but never states, that there is a complex interaction between lenders, borrowers, and government. As with many social ills, this problem is messy, defying any attempt to identify a single culprit. One thing is certain: you can avoid the payday loan trap by never going near it. Even if the lenders and the legislators perpetuate the problem, you can avoid being snared by refusing to participate.
Frank’s editorial seems to end just as it’s getting started — I would have liked a more in-depth essay. I’ll have to borrow his new book from my library. (Here’s more about Frank’s concept of the economic naturalist, though it’s stuck behind a paywall.)
[The New York Times: Payday loans are a scourge, but should wrath be aimed at the lenders?]
.jpg)

January 20th, 2007 at 12:30 pm
Something that I watched a few months ago was a PBS Show about the rise of the credit card. I either got the link from here at GRS (in which case, surely you’ve seen it) or maybe a couple of other PF blogs that I was reading at the time. If you haven’t seen it yet, it is pretty illuminating, and it sheds some light on the government’s collusion with lenders. IIRC, lenders would not be able to conduct business as they do today without some new legislative pieces and judicial opinions that happened in the 80’s.
In a nutshell, usury laws (enacted by each particular state) used to cap the interest rates at which consumers could be charged. These rates were fairly reasonable; I think 10% to 15%, maybe 20% at most; they varied from state to state. In the 80’s, South Dakota lifted their rates much higher (because lenders were being squeezed by high interest rates themselves), and a new Supreme Court interpretation let interest rates in one state apply to all other states; wherever the lender was located, they could lend at that state’s rates, no matter where the borrower was located.
In any case, other states quickly followed, lifting their usury rates or even repealing the laws outright. And this has led to the possibility of payday loans, where people pay ridiculous interest (50%+ APR) just to get by. Kind of sickening, but our legislators let it happen.
On the other hand, I am generally in favor of freedom in the markets, and as long as payday lenders manage to stay in business, they must meet some sort of need in the market. And, generally, the people who patronize payday loan places aren’t even financially literate enough to have a bank account; these loans are inherently riskier (for the lender) than most. It’s a tough question.
January 20th, 2007 at 1:57 pm
I don’t think it’s necessarily accurate to say people who take out payday loans have problems with credit or don’t manage their money wisely. I agree, payday lenders aren’t to blame if someone takes out a loan to buy that big screen television for the Super Bowl party. That is incredibly stupid.
And I would disagree that people who take out payday loans are barely literate.
I was a healthy person and became unexpectly sick and had surgery in the span of 3 months. I have what many consider to be a good job. I have health insurance with a $2000 family deductible (the best plan offered that I can afford). Things happen, things happen that deplete that carefully planned savings. I can’t get traditional loans because they know (and me too!) that I don’t make enough to cover a loan payment. But what do I do when the rent HAS to be paid. I’m not blowing it on a Wii. I’m not taking it to the casino. I’m making sure my family has a place to live. I know the risks and I think they stink. But if a payday loan can pay the rent today, then I can think about what to do next. Payday loan is the lesser of the two evils if eviction is the other.
I think payday lenders are horrible - i think they charge loan shark fees. $20 on $100 for two weeks is robbery. But they fill need for people who need help occasionally to pay for basic needs and until the country understands how large the working poor population is and find solutions to help limit the cost of basic need items (place to live, food to eat) something else just as predatory will replace the payday lenders.
January 20th, 2007 at 2:55 pm
Nicole,
It has been well documented that payday lenders and check cashing businesses make most of their money from return customers who basically treat such businesses as their bank. People with no credit cards, no checking, no savings; people in the fringe economy, such as the 10% of American households who have no bank, credit union, etc. Of course there are average people who need to use them occasionally, but they are not the bulk of the clientele. If it were only people like you who patronized these businesses, they would not be on practically every street corner.
I too have faced financial difficulties, and had to make a month’s rent and car payment using cash advance checks from one of my credit cards. Yes, the rate was 23%, but it beats payday lenders. I couldn’t have done that if I hadn’t carefully managed my credit situation and had that extra amount available for emergency use. This is what I mean by financial literacy. You’re right, no amount of financial literacy and preparation can make up for the truly disastrous situations that often come with health problems (the outrageous health care situation in this country is another topic for another time). There are always exceptions; I was talking about the bulk of cases.
January 20th, 2007 at 7:26 pm
There are proposals to cap loan fees at around 36% annually, which for payday loan businesses would be very very low (on the order of a few bucks a week instead of $50 on every $500 borrowed) and run them out of business.
A 36% cap sounds insanely high until you realize on an annual basis, a payday loan place is charging people on the order of 200+%
January 20th, 2007 at 8:56 pm
The only one of my friends who uses a payday loan center is a guy who is one of the working poor: 52 years old and making $10 an hour. (Or he was, he lost that job.)
When I was 19 and making $4 an hour, I used to take advances on my paycheck to the point where when my paycheck arrived it was all spent (there were no payday loans then). So I know how this happens, and it’s hard to not sympathize with people who get into this sort of trouble.
That said, it’s pretty miserable that these places rake in huge fees from the people who can afford them least.
My newly unemployed friend was in for job counseling the other day, and the counselor told him he shouldn’t accept any job offering less than $16 an hour. Which is true, but no one is going to pay him that for what he knows how to do. It’s easy to lose sight of the fact that a ton of people are permanently stuck on the first rung of the ladder. Exploiting them should be something to be ashamed of, not an opportunity to drive them even further into debt.
January 21st, 2007 at 8:06 am
Like drugs, I think that the best response is a combination of legislation and *education*. How many of us graduate from high school in the US now without hearing repeatedly about how dangerous heroin and cocaine and meth are? How they can get you killed or ruin your life? How addictive they are? We hear that so often we get sick of it. And still some people get addicted, but not many.
On the other hand, how many of us hear the same messages about the dangers of credit cards and payday loans? Not many. How many of us are even told to seriously consider the effects that our college choice might have on our finances? Not nearly enough, to judge from the number of people I’ve known who graduated with $80k liberal arts degrees, a stack of student loans, and no more job prospects than I have. How about the financial impact of our career choices? Heck, we were lucky to get to take the little assessment test that told us we should be florists or doctors or whatever.
I know that some people use them only when they *need* them, but I don’t think payday loans should exist. Once upon a time, we had communities to help with emergencies–a church, a friend, somebody who helped you because they cared and not because they wanted to make a profit. I hope that someday we’ll be able to get that attitude back.
January 21st, 2007 at 10:16 am
In response to “Gaming the…”
That episode of Frontline is great. Actually, I’d have to say everything I’ve ever seen from Frontline has been excellent.
The episode about the rise of credit cards is a couple of years old, though. I think it is interesting that the conclusion of the show is that legislation is needed to protect consumers - mainly in the form of full discloser so that consumers can make better decisions. Once the damage is done, bankruptcy is the only option, and they highlight several people going through this.
In the intervening years what has the government done? Passed legislation to make it harder to declare bankruptcy. So instead of working on protecting consumers our government has worked on closing the only hole of escape.
January 21st, 2007 at 2:42 pm
Check out my buddy, Andy’s map of payday lenders in the Portland metro area:
http://www.rooftopview.net/?p=857
January 21st, 2007 at 7:33 pm
When the payday loan stores first came out a lot of my friends called it “legal loansharking”. After reading this article I would have to agree with them.
A few years ago my wife and I went to one of these places as we were almost between a rock and a hard place. My wife asked the questions and I listened. Well, I intended to listen, but I saw the lady’s mouth moving but didn’t hear anything coming out. After we left my wife and I talked about it and decided that it just wasn’t worth it. It was better to call the people we owed money to and schedule it for one of our paychecks.
I’m one of those people who isn’t really all that good at finances, but I am slowly getting better. I stumbled upon GRS through digg I think and I’m very glad I did.
Thanks
January 21st, 2007 at 11:19 pm
Regulation never makes things better. In the long run it only makes them worse. What there should be is no laws at all. No Collusion, No Corruption. Assuming the free flow of information, pretty soon people will catch on that this is a bad idea, and guess what, they’ll regulate themselves.
There is no role for government in regulating peoples personal finances. Educate whomever and wherever you wish, but the moment you ask for more legislation, i’ll let you know we’re not on the same side.
January 22nd, 2007 at 7:57 am
Here’s an idea for somebody with some courage to give it a try (i.e. not me):
If you can’t beat them, why not join them?
If payday loan operations are able to really succeed, why not set one up? However, instead of taking all the profits for yourself, how about taking a bit of the profit and putting it in a kitty to return to the customer at a later date? Perhaps there are some customers that would really use that help.
I don’t know much about these operations, but it sounds like the customers that come to depend on them are beyond helping themselves. They don’t have the self-discipline or ability to regulate their own finances. So why not create a company whose value is in helping the customer establish some of that self-discipline? Save money FOR the customer!
Let’s say the operation gives the customer a loan for $100 at a cost of $105 to be paid in one week. Admittedly, this is an exorbitant interest rate. Take $3 for cost of doing business. Take $1 for profit. Put $1 aside for the customer. After a few months of the customer’s use of your service, you might be able to afford to give the customer something that would help them towards getting back on their own two feet.
Here are some purchases that might help some of your customers:
* a bus pass (instead of the customer purchasing individual fares)
* a microwave (a cheaper “fast food” meal than going to the local pizza place)
* a gift certificate to a local grocery store (instead of the customer buying unhealthy fast food)
* a gift certificate for a local book store (reading never seems to hurt someone’s ability to improve)
I’m sure there are hundreds of ideas for “loyalty rewards” that would serve the customer well. Basically, this program would create a forced savings program for the poor and help them to spend their own money more wisely. These individuals have shown that they can’t manage their own money, yet somehow they can “afford” to use payday loan services.
It has been mentioned that some users of payday loan services are not habitual and only have used them for unforeseen emergencies. This type of loyalty program wouldn’t really help them, but it wouldn’t really hurt them either.
January 22nd, 2007 at 10:12 am
OK, so this got me interested. I did a 5-minute search on the good ‘ol Interweb and this is what I found.
There’s a very “successful” company here in Canada that provides payday loan services. Any Canadian has likely seen their outlets. Their name is Money Mart. I looked up how much a $300 loan for a week and a half might cost me. The amount totally floored me! Any guesses?
…
…
$352!!!!
I couldn’t believe it. How could these achieve this? Their contract proudly states that their APR is 46.44% per annum. That is reasonable for a high-risk loan. So how did they end up with a $52 charge for a $300 loan for 11 days?!?!!
Clause #4 of their contract is key. Here it is:
4) In the event that the Borrower does not repay the Loan plus interest on the Due Date, he/she will be deemed to have opted for repayment by way of the Cheque and the Borrower hereby authorizes Money Mart to deposit the Cheque on the day following the Due Date in payment of both the Loan and interest due under this Agreement. In such case, Money Mart’s standard first party cheque cashing fees of 12.99% of the amount of the Loan plus interest and $2.49 per item fee will apply.
They charge 12.99% plus $2.49 on your loan amount, for not paying your loan back in person. For making them go through the hellish ordeal of walking to the bank to cash your cheque, they charge for 12.99% plus $2.49! (That was sarcasm, in case it wasn’t obvious.) Folks, that 12.99% is not an annual interest rate! That is 12.99% for 11 days! TALK ABOUT SLEAZE!!!
How many people desperate enough to get a payday loan are going to remember to walk back to the Money Mart to repay their loan in cash?!?!
Anyways, the point of this posting was not just to rant about some of the greed there is in this world. The point is that there is probably plenty of room within the current market for a business that takes a little less profit and uses it to help their customers.
You too, can start your own ethical payday loan business. Collect $500 dollars. Check out the Money Mart web site and copy their business practice. Find someone who needs a payday loan. Of the amount you collect from them, put $5 into their “loyalty account”. Don’t tell the customer they have this account. If they come back to you four times, give them a $20 gift certificate to Chapters. Better yet, buy them a $20 book on how to manage their finances. (The Wealthy Barber might qualify.)
Keep in mind that your biggest risk is someone who loses their job in the two weeks during their loan and doesn’t pay your loan. You have to
go through the cycle of making your loan quite a few times before you make back your original $500.
January 23rd, 2007 at 2:24 pm
I have to laugh at Squished18’s naivete! Though it’s a noble thought to think of saving money for the customer after your profit, here’s the real truth. On the average $15 fee for a $100 advance, profit for the payday lender is 6.6%, or 99 cents! Out of the $15 fee, the company pays $4 in salaries and $8 in local expenses. And for the consumer, isn’t a $15 fee better than an NSF/merchant bounced check fee of $54?
It’s all about education, people, not more government regulation!
January 24th, 2007 at 8:13 am
jay,
If you insist on setting up a store in a local plaza and staffing it with an employee, I would agree you would have significant overhead expenses. Then again, you’ll notice that I never mentioned renting a store location. Who says you need a fancy store-front? Perhaps a “home-based” business just might do the job. You could run this business out of the trunk of your car, on evenings and weekends. The key is being accessible to your customers, but that doesn’t necessarily mean renting a store and hiring employees. Real estate agents surely don’t spend that much on overhead expenses, which is one reason there are so many of them.
Admittedly, the hardest part of the business is getting the word out to potential customers that you are offering these services. “Hanging your shingle” is likely the most difficult thing to do, without sinking immediately yourself into debt. “Word of mouth” may be the only tool you’ve got, at the start.
But if you’ve got $500 (or $100 for that matter)burning a hole in your pocket and are thinking about starting a small business that might actually help somebody truly in need, I think this business is feasible. You won’t earn enough to eat for a while, so keep your day job, but it’s worth a shot.
February 2nd, 2007 at 12:51 pm
JD
So….since YOU can not use a credit card resposibly, every state and the federal government should ban the rest of us from having a credit card?
What happened to personal responsability?
February 2nd, 2007 at 2:12 pm
“One thing is certain: you can avoid the payday loan trap by never going near it. Even if the lenders and the legislators perpetuate the problem, you can avoid being snared by refusing to participate.”
If that’s not advocating personal responsibility, I don’t know what is.
I’ve never argued that credit cards should be banned. I simply am leery of promoting them because I know they can be dangerous. Likewise, it’s naive to assume that correct use of credit is simply a matter of “personal responsibility”. Personal responsibility is certainly an important component, but it’s the *only* component. Advertising influences people to buy things, often at a subconscious level. Banks and credit card companies *encourage* poor money habits. They profit from them.
I appreciate our comment, but you’ve missed my point.