LendUp doesn't limit how your cash advance is used. Once you are approved for a cash advance loan amount and you receive those funds, the money is yours. LendUp does encourage responsible use of financial resources, which is why we offer financial education and the LendUp Ladder in eligible states. We want you to succeed financially, so our goal is to help eligible individuals build credit over time. Because of that commitment, we hope that individuals who take cash advances from LendUp use them responsibly.
As an example, let's look at a guy named Theodore. He's getting kicked out of his apartment in a few days, due to reasons which have nothing to do with him. His paycheck was also a little short for the third time in a row, which means his phone bill, will probably be higher, too. On the other hand, he's found a fantastic new apartment, and this could be a big step forward for him. Right now, he happens to be about 400 bucks short on his deposit, and is considering taking out a cash loan. He's wondering how else he is going to scrounge that cash up...the only other alternative is sleeping in his car, which scares him.
Prior to 2009 regulation of consumer credit was primarily conducted by the states and territories. Some states such as New South Wales and Queensland legislated effective annual interest rate caps of 48%. In 2008 the Australian states and territories referred powers of consumer credit to the Commonwealth. In 2009 the National Consumer Credit Protection Act 2009 (Cth) was introduced, which initially treated payday lenders no differently from all other lenders. In 2013 Parliament tightened regulation on the payday lending further introducing the Consumer Credit and Corporations Legislation Amendment (Enhancements) Act 2012 (Cth) which imposed an effective APR cap of 48% for all consumer credit contracts (inclusive of all fees and charges). Payday lenders who provided a loan falling within the definition of a small amount credit contract (SACC), defined as a contract provided by a non authorised-deposit taking institution for less than $2,000 for a term between 16 days and 1 year, are permitted to charge a 20% establishment fee in addition to monthly (or part thereof) fee of 4% (effective 48% p.a.). Payday lenders who provide a loan falling within the definition of a medium amount credit contract (MACC), defined as a credit contract provided by a non-deposit taking institution for between $2,000–$5,000 may charge a $400 establishment fee in addition to the statutory interest rate cap of 48%. Payday lenders are still required to comply with Responsible lending obligations applying to all creditors. Unlike other jurisdictions Australian payday lenders providing SACC or MACC products are not required to display their fees as an effective annual interest rate percentage.
To prevent usury (unreasonable and excessive rates of interest), some jurisdictions limit the annual percentage rate (APR) that any lender, including payday lenders, can charge. Some jurisdictions outlaw payday lending entirely, and some have very few restrictions on payday lenders. In the United States, the rates of these loans used to be restricted in most states by the Uniform Small Loan Laws (USLL), with 36–40% APR generally the norm.
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.
In the more recent innovation of online payday loans, consumers complete the loan application online (or in some instances via fax, especially where documentation is required). The funds are then transferred by direct deposit to the borrower's account, and the loan repayment and/or the finance charge is electronically withdrawn on the borrower's next payday.
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.
Contact your local consumer credit counseling service if you need help working out a debt repayment plan with creditors or developing a budget. Non-profit groups in every state offer credit guidance to consumers for no or low cost. You may want to check with your employer, credit union, or housing authority for no- or low-cost credit counseling programs, too.
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.
In many cases, borrowers write a post-dated check (check with a future date) to the lender; if the borrowers don't have enough money in their account by the check's date, their check will bounce. In Texas, payday lenders are prohibited from suing a borrower for theft if the check is post-dated. One payday lender in the state instead gets their customers to write checks dated for the day the loan is given. Customers borrow money because they don't have any, so the lender accepts the check knowing that it would bounce on the check's date. If the borrower fails to pay on the due date, the lender sues the borrower for writing a hot check.
Payday loans should be used for short-term financial needs only and not as a long-term financial solution. Any advance of money obtained through a payday loan is not intended to meet long-term financial needs. A payday loan should only be used to meet immediate short-term cash needs. Refinancing a payday loan rather than paying the debt in full when due will require the payment of additional charges. Customers with credit difficulties should seek credit counseling before entering into any payday loan transaction.
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.
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.
It is important to utilize your online cash advance responsibly and pay back on time to maintain a good standing account. Depending on your cash advance type, you will repay your advance in full, in installments or in regular minimum payments on your scheduled due dates as set out in your loan agreement. You can also pay back your online cash advance earlier than the scheduled due dates and there is no penalty to do so. To make sure you have sufficient funds in your account, MoneyKey will send you payment reminders through email & phone prior to your due date.
A line of credit probably doesn’t spring to mind when you are looking for a cash advance, but the CashNetUSA personal line of credit is fast and convenient when you need emergency cash. The application and approval process are the same as for our more traditional loans, and if approved, you can have cash in your bank account as soon as the next business day.
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