As the Consumer Financial Protection Bureau notes on its site, these loans are typically for small amounts but give lenders access to your checking account or require you to write a check for the full balance in advance, which the lender can deposit when the loan comes due. Worse still, payday loans carry sensationally high interest rates, with some costing as much as 400%. That’s serious money for a cash-strapped consumer, and though state laws and other factors influence charges, you’ll want to enter a payday loan agreement carefully.
In a profitability analysis by Fordham Journal of Corporate & Financial Law, it was determined that the average profit margin from seven publicly traded payday lending companies (including pawn shops) in the U.S. was 7.63%, and for pure payday lenders it was 3.57%. These averages are less than those of other traditional lending institutions such as credit unions and banks.
The report was reinforced by a Federal Reserve Board (FRB) 2014 study which found that while bankruptcies did double among users of payday loans, the increase was too small to be considered significant. The same FRB researchers found that payday usage had no positive or negative impact on household welfare as measured by credit score changes over time.
There are many terms for this kind of credit — payday loans, cash advance loans, check advance loans, deferred deposit loans or post-dated check loans — which you can get from a variety of sources. Whether you walk into a payday lender’s store or apply online, the process is basically the same: You provide some personal and financial information, request a loan for a certain dollar amount (secured by check or bank account debit authorization), pay a fee for the loan and receive the cash or deposit into your bank account.
Bill C28 supersedes the Criminal Code of Canada for the purpose of exempting Payday loan companies from the law, if the provinces passed legislation to govern payday loans. Payday loans in Canada are governed by the individual provinces. All provinces, except Newfoundland and Labrador, have passed legislation. For example, in Ontario loans have a maximum rate of 14,299% Effective Annual Rate ("EAR")($21 per $100, over 2 weeks). As of 2017, major payday lenders have reduced the rate to $18 per $100, over 2 weeks.
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.
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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