Payday lenders have made effective use of the sovereign status of Native American reservations, often forming partnerships with members of a tribe to offer loans over the Internet which evade state law. However, the Federal Trade Commission has begun the aggressively monitor these lenders as well. While some tribal lenders are operated by Native Americans, there is also evidence many are simply a creation of so-called "rent-a-tribe" schemes, where a non-Native company sets up operations on tribal land.
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According to a study by The Pew Charitable Trusts, "Most payday loan borrowers [in the United States] are white, female, and are 25 to 44 years old. However, after controlling for other characteristics, there are five groups that have higher odds of having used a payday loan: those without a four-year college degree; home renters; African Americans; those earning below $40,000 annually; and those who are separated or divorced." Most borrowers use payday loans to cover ordinary living expenses over the course of months, not unexpected emergencies over the course of weeks. The average borrower is indebted about five months of the year.
People who set goals for a purchase – whether it's a car, television or family vacation – are more apt to reduce unnecessary spending in pursuit of that goal. While other consumers use credit cards to purchase items they can't afford, effective savers rarely spend money they don't have. The next time you decide to invest in a big purchase, review your budget to see where you can make cuts to allocate more funds toward that goal. You can also boost your income to reach your savings goals quicker by taking on side jobs, such as freelance writing, dog walking or another gig that takes advantage of your marketable skills.
It is crucial that you repay a payday loan as soon as possible. Many people get into trouble with these types of loans when they are unable to quickly repay the debt. If you can’t repay the loan at the end of the term, you’ll be charged expensive additional fees. It is very costly to be stuck in a payday loan cycle for a long time and can lead to larger financial problems.
While a cash advance lender may only charge $15 for every $100 you borrow, that’s only for two weeks. If you don’t pay back the loan as well as interest and fees, you roll over the loan and then you’re responsible for paying the interest again. An interest rate of 15 percent for a two-week loan becomes an interest rate of 30 percent when you roll it over for a month. And if you extend the loan for a year and do the math, you end up with an annual percentage rate of almost 400 percent!
Twelve million Americans use payday loans every year, according to the Pew Charitable Trusts. Generally anyone with a checking account and steady income can obtain a payday loan. However, it is most common for borrowers who don’t have access to credit cards or savings accounts to use this type of loan. “Payday loans for bad credit” are attractive to people with no credit or credit problems.
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.
Paying bills on time is crucial to financial management, but what about paying yourself as part of that commitment? People who consider their future selves just as important as their monthly mortgage are more effective at building savings accounts. To build up your savings on a consistent basis, start "paying yourself first" by setting aside a certain amount each pay period for your savings account. Treat this account just like you would a recurring bill and, if possible, make it automatic. You can also download a tool like Digit, which reviews your spending and finds unused funds to transfer into an FDIC-insured savings account.
The federal Truth in Lending Act treats payday loans like other types of credit: the lenders must disclose the cost of the loan. Payday lenders must give you the finance charge (a dollar amount) and the annual percentage rate (APR — the cost of credit on a yearly basis) in writing before you sign for the loan. The APR is based on several things, including the amount you borrow, the interest rate and credit costs you’re being charged, and the length of your loan.
In US law, a payday lender can use only the same industry standard collection practices used to collect other debts, specifically standards listed under the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from using abusive, unfair, and deceptive practices to collect from debtors. Such practices include calling before 8 o'clock in the morning or after 9 o'clock at night, or calling debtors at work.
Payday loans can be very costly. Loan amounts generally range from $50 to $1,000, depending on state laws. Fees also depend on state laws, but the structure might be something like $15 per $100 borrowed, and some states may cap how high the fee goes. Because the loans have such short terms, the cost of borrowing is generally high. A typical payday loan with a two-week term and a $15 per $100 fee has an annual percentage rate (APR) of nearly 400%, according to the CFPB. (Here’s a primer on how interest rates work.)
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