NOTICE: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning this creditor is the Consumer Financial Protection Bureau, 1700 G Street NW, Washington DC 20006 and the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580.
In the traditional retail model, borrowers visit a payday lending store and secure a small cash loan, with payment due in full at the borrower's next paycheck. The borrower writes a postdated check to the lender in the full amount of the loan plus fees. On the maturity date, the borrower is expected to return to the store to repay the loan in person. If the borrower does not repay the loan in person, the lender may redeem the check. If the account is short on funds to cover the check, the borrower may now face a bounced check fee from their bank in addition to the costs of the loan, and the loan may incur additional fees or an increased interest rate (or both) as a result of the failure to pay.
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.
Cash Advance® does not make credit decisions nor does Cash Advance® conduct a credit inquiry on consumers. Some lenders on the Cash Advance® network may conduct a non-traditional credit check in order to determine your eligibility for a loan. Lenders typically do not conduct a credit inquiry with the three major credit bureaus: Transunion, Experian, or Equifax. If you do not repay your loan on time your lender may report this delinquency to one or more credit bureaus, which could have a negative impact on your credit score. We encourage consumers with credit problems to consult a Credit Counseling company.
A recent law journal note summarized the justifications for regulating payday lending. The summary notes that while it is difficult to quantify the impact on specific consumers, there are external parties who are clearly affected by the decision of a borrower to get a payday loan. Most directly impacted are the holders of other low interest debt from the same borrower, which now is less likely to be paid off since the limited income is first used to pay the fee associated with the payday loan. The external costs of this product can be expanded to include the businesses that are not patronized by the cash-strapped payday customer to the children and family who are left with fewer resources than before the loan. The external costs alone, forced on people given no choice in the matter, may be enough justification for stronger regulation even assuming that the borrower him or herself understood the full implications of the decision to seek a payday loan.
Several factors determine how much you can borrow, but your credit isn’t one of them, as the phrase “no credit check” indicates. (“No credit check” and other terms like “fast cash” and “easy” are usually the main selling points in payday loan ads and part of what makes them appealing to borrowers, though new rules proposed by the CFPB in 2016 require short-term lenders to measure a consumer’s ability to repay in certain instances.)
In May 2008, the debt charity Credit Action made a complaint to the United Kingdom Office of Fair Trading (OFT) that payday lenders were placing advertising which violated advertising regulations on the social network website Facebook. The main complaint was that the APR was either not displayed at all or not displayed prominently enough, which is clearly required by UK advertising standards.
The CFPB has issued several enforcement actions against payday lenders for reasons such as violating the prohibition on lending to military members and aggressive collection tactics. The CFPB also operates a website to answer questions about payday lending. In addition, some states have aggressively pursued lenders they felt violate their state laws.
“While admittedly another high APR loan option, if in a financial pinch, the fees and terms might be better than those offered by a payday loan,” explains McDermott. The key is to pay off the advance right away, before you begin racking up interest on the balance. If you allow the balance to linger month over month, your short-term loan could spiral into a long-term debt problem.
Some reasons you might take a cash advance loan include the need to make emergency repairs to a car or home, cover unplanned medical expenses or pay for assistance with short-term needs that can't wait. Parents might seek cash advances to help cover back-to-school expenses when paychecks don't quite meet needs. Ultimately, though, once a cash advance is funded, the cash is yours to spend or save as you please. LendUp works to provide cash advance loan services that are simple to understand.
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