The basic loan process involves a lender providing a short-term unsecured loan to be repaid at the borrower's next payday. Typically, some verification of employment or income is involved (via pay stubs and bank statements), although according to one source, some payday lenders do not verify income or run credit checks. Individual companies and franchises have their own underwriting criteria.
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.
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.
Consumer Notice: Cash advances are short-term loans, and can typically range from $100 to $999. They are intended for short-term financial relief and do not constitute long-term financial solutions. For example, they can generally be intended to be repaid within a year. Consumers facing debt and credit difficulties should seek out debt and credit advisory help. Federal and state laws cover certain types of lenders and loans, including short-term loans. If a lender is wholly owned and operated by a federally recognized American Indian Tribe and sovereign government, applicable Tribal and Federal law governs its loans and related contracts, requests and documents. Consumers are encouraged to research laws that may be applicable to short-term loans, and to ask their lenders for more information.
A 2009 study by University of Chicago Booth School of Business Professor Adair Morse found that in natural disaster areas where payday loans were readily available consumers fared better than those in disaster zones where payday lending was not present. Not only were fewer foreclosures recorded, but such categories as birth rate were not affected adversely by comparison. Moreover, Morse's study found that fewer people in areas served by payday lenders were treated for drug and alcohol addiction.
For most people, a cash advance (also known as a payday advance) is something associated with a credit card or other line of credit. Many credit card companies make it easy for customers to receive cash advances nearby by using their credit card at a local ATM. The problem with such tactics is that the costs of the advance can add up quickly and you might not even realize what all those costs are. You'll likely pay an ATM fee charged by the bank that runs the machine, and you might also pay a fee to the credit card company for taking the advance, along with finance charges and interest if you don't pay the money back before your next billing cycle. Some credit card companies charge interest on cash advances that is higher than the interest charged on regular balances, which can make for surprising increases in your total balance.
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