As for federal regulation, the Dodd–Frank Wall Street Reform and Consumer Protection Act gave the Consumer Financial Protection Bureau (CFPB) specific authority to regulate all payday lenders, regardless of size. Also, the Military Lending Act imposes a 36% rate cap on tax refund loans and certain payday and auto title loans made to active duty armed forces members and their covered dependents, and prohibits certain terms in such loans.
"... payday lending services extend small amounts of uncollateralized credit to high-risk borrowers, and provide loans to poor households when other financial institutions will not. Throughout the past decade, this "democratization of credit" has made small loans available to mass sectors of the population, and particularly the poor, that would not have had access to credit of any kind in the past."
Say your car broke down and you decide to borrow $300 for the repairs from a payday lender. You’ll write a post-dated personal check for $340 (the amount, plus a $40 finance fee), made payable to the lender. You enter this information online when applying for a payday loan on the internet. The lender then advances you $300 for a set period, usually 14 days. When that period ends, you pay the lender $340 in cash, let them deposit the post-dated check or write another post-dated check for the amount, plus an additional finance fee.
Payday loans are designed to help people cover short-term cash needs until their next payday. Also referred to as cash advances, payday loans can be a practical and secure way to tide you over when unexpected expenses crop up. If you have expenses related to an auto accident, emergency medical expenses, or other unexpected bills, a cash advance could help you bridge the gap.
The propensity for very low default rates seems to be an incentive for investors interested in payday lenders. In the Advance America 10-k SEC filing from December 2011 they note that their agreement with investors, "limits the average of actual charge-offs incurred during each fiscal month to a maximum of 4.50% of the average amount of adjusted transaction receivables outstanding at the end of each fiscal month during the prior twelve consecutive months". They go on to note that for 2011 their average monthly receivables were $287.1 million and their average charge-off was $9.3 million, or 3.2%. In comparison with traditional lenders, payday firms also save on costs by not engaging in traditional forms of underwriting, relying on their easy rollover terms and the small size of each individual loan as method of diversification eliminating the need for verifying each borrower's ability to repay. It is perhaps due to this that payday lenders rarely exhibit any real effort to verify that the borrower will be able to pay the principal on their payday in addition to their other debt obligations.
Availability: Residents of some states may not be eligible for a short term cash loan based upon lender requirements. Our company does not guarantee that completing an inquiry form will result in you being approved by a service provider or lender, being offered a loan product with satisfactory rates of terms, nor receiving a loan from a service provider or lender. The lender you are approved by may not offer the best possible terms and borrowers should always compare all available options before making any decisions.
Income tax refund anticipation loans are not technically payday loans (because they are repayable upon receipt of the borrower's income tax refund, not at his next payday), but they have similar credit and cost characteristics. A car title loan is secured by the borrower's car, but are available only to borrowers who hold clear title (i.e., no other loans) to a vehicle. The maximum amount of the loan is some fraction of the resale value of the car. A similar credit facility seen in the UK is a logbook loan secured against a car's logbook, which the lender retains. These loans may be available on slightly better terms than an unsecured payday loan, since they are less risky to the lender. If the borrower defaults, then the lender can attempt to recover costs by repossessing and reselling the car.
For instance, if a looming credit card or other loan payment is jeopardizing your ability to pay for basic expenses, see if you can work out a deal. “If you’re having trouble making your monthly payments, call your lender to ask for more time,” suggests Natasha Rachel Smith, consumer affairs expert at rebate website TopCashback. “You’d be surprised how willing they are to work with you on your payment schedule. … It pays to be transparent.”
In terms of online lending, a cash advance usually refers to a short-term loan that is quickly funded to your bank account after approval. Typically, the amount you borrow for a cash advance loan is relatively small, which often means you can pay it back in only one or two payments. These short-term loans are very similar to what many people call payday loans, but cash advance loans don't always require a single repayment on payday.
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