A payday loan (also called a payday advance, salary loan, payroll loan, small dollar loan, short term, or cash advance loan) is a small, short-term unsecured loan, "regardless of whether repayment of loans is linked to a borrower's payday." The loans are also sometimes referred to as "cash advances," though that term can also refer to cash provided against a prearranged line of credit such as a credit card. Payday advance loans rely on the consumer having previous payroll and employment records. Legislation regarding payday loans varies widely between different countries, and in federal systems, between different states or provinces.
In the UK Sarah-Jayne Clifton of the Jubilee Debt Campaign said, “austerity, low wages, and insecure work are driving people to take on high cost debt from rip-off lenders just to put food on the table. We need the government to take urgent action, not only to rein in rip-off lenders, but also to tackle the cost of living crisis and cuts to social protection that are driving people towards the loan sharks in the first place.”
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.
To get a credit card cash advance you go to an ATM or bank location and use your credit card to withdraw money. The amount you withdraw is added to your credit card bill almost as if you were using your card to make a purchase. But unlike using a debit card, the money that you get through a credit card cash advance doesn’t come from your bank account. It’s loaned to you by your credit card company, and you’re responsible for paying it back.
Ask yourself if it really is an emergency. Payday loans can be helpful for one-time emergency costs such as medical fees, but are not a good idea for funding unnecessary expenses. Is it possible to wait to repair your car or pay your bills until you receive your next paycheck? A late fee on a bill may be cheaper than a finance charge for a payday loan. Think about other ways to borrow money, keeping in mind they’ll have different fees and pros and cons.
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.
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.
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.
Consumer advocates and other experts[who?] argue, however, that payday loans appear to exist in a classic market failure. In a perfect market of competing sellers and buyers seeking to trade in a rational manner, pricing fluctuates based on the capacity of the market. Payday lenders have no incentive to price their loans competitively since loans are not capable of being patented. Thus, if a lender chooses to innovate and reduce cost to borrowers in order to secure a larger share of the market the competing lenders will instantly do the same, negating the effect. For this reason, among others, all lenders in the payday marketplace charge at or very near the maximum fees and rates allowed by local law.
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.
We've all heard those terrible capitalism-will-eat-you-alive urban legends about people who loose their footing on the corporate ladder and wind up homeless on the street. The message here is always to work harder and be smarter about what you do. That is good advice, but what about in extreme situations, where the odds are against you? What should you do if you are short just a little cash, and it might mean the difference between a big lose and a big win? In this situation, wouldn't it be better to get a cash advance, rather than risk a downward swing in fortune?
The payday lending industry argues that conventional interest rates for lower dollar amounts and shorter terms would not be profitable. For example, a $100 one-week loan, at a 20% APR (compounded weekly) would generate only 38 cents of interest, which would fail to match loan processing costs. Research shows that, on average, payday loan prices moved upward, and that such moves were "consistent with implicit collusion facilitated by price focal points".
California Residents: Flurish Inc. dba LendUp is licensed by the Department of Business Oversight, pursuant to the California Deferred Deposit Transaction Law, license #1004393, and the California Financing Law, license #6054610. LendUp loans made under the authority of its CFL license are made pursuant to the California Financing Law. LendUp credit cards are not offered under any license regulated by the California Department of Business Oversight.
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