Payday loans are legal in 27 states, and 9 others allows some form of short term storefront lending with restrictions. The remaining 14 and the District of Columbia forbid the practice. The annual percentage rate (APR) is also limited in some jurisdictions to prevent usury. And in some states, there are laws limiting the number of loans a borrower can take at a single time.
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.
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.
When you receive a raise, it's tempting to spend more money on things and experiences that make you happy. However, the "hedonic treadmill" theory suggests that even though an income boost can make us feel like we've earned an uptick in spending, our newfound windfall will eventually leave us as unsatisfied as we were prior to the raise because our needs don't disappear – they just get grander. Savvy savers know to avoid lifestyle inflation during periods of income growth and invest in themselves instead. This can mean upping retirement contributions or diverting the difference into a savings account, emergency fund or toward some other financial goal.
Many experts suggest that you contribute 10 percent to 15 percent of your income to a retirement plan. While that's not always realistic, successful savers know to contribute at least what their company will match. If your employer offers to match 3 percent of your income toward retirement savings, you should match that or risk leaving money on the table. Additionally, because contributions to your 401(k) are tax-free, contributing will reduce your overall taxable income. If your employer does not offer a retirement benefit or you're self-employed, consider a traditional IRA or Roth IRA. Research these options and chat with a financial planner about the best plan for you, your budget and your business.
It’s possible to tap into another workplace resource without counting on your boss’s approval: your 401(k). Although traditional advice would have you run for the hills before taking money out of your retirement account, it is actually one of the most cost-effective options. In fact, according to Investopedia, a 401(k) loan should be one of the first options you consider to address a short-term, but serious need for liquidity.
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“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.
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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.
A report from the Federal Reserve Bank of New York concluded that, "We ... test whether payday lending fits our definition of predatory. We find that in states with higher payday loan limits, less educated households and households with uncertain income are less likely to be denied credit, but are not more likely to miss a debt payment. Absent higher delinquency, the extra credit from payday lenders does not fit our definition of predatory." The caveat to this is that with a term of under 30 days there are no payments, and the lender is more than willing to roll the loan over at the end of the period upon payment of another fee. The report goes on to note that payday loans are extremely expensive, and borrowers who take a payday loan are at a disadvantage in comparison to the lender, a reversal of the normal consumer lending information asymmetry, where the lender must underwrite the loan to assess creditworthiness.
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The propensity for very low default rates seems to be an incentive for investors interested in payday lenders. In the Advance America 10-k SEC filing from December 2011 they note that their agreement with investors, "limits the average of actual charge-offs incurred during each fiscal month to a maximum of 4.50% of the average amount of adjusted transaction receivables outstanding at the end of each fiscal month during the prior twelve consecutive months". They go on to note that for 2011 their average monthly receivables were $287.1 million and their average charge-off was $9.3 million, or 3.2%. In comparison with traditional lenders, payday firms also save on costs by not engaging in traditional forms of underwriting, relying on their easy rollover terms and the small size of each individual loan as method of diversification eliminating the need for verifying each borrower's ability to repay. It is perhaps due to this that payday lenders rarely exhibit any real effort to verify that the borrower will be able to pay the principal on their payday in addition to their other debt obligations.
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.
All cash advances subject to approval pursuant to standard underwriting criteria. Rates and terms will vary depending upon the state where you reside. Not all consumers will qualify for a cash advance or for the maximum cash advance amount. Terms and conditions apply. Cash advances should be used for short-term financial needs only, and not as a long-term solution. Customers with credit difficulties should seek credit counseling. ACE Cash Express, Inc. is licensed by the Department of Business Oversight pursuant to Financial Code Section 23005(a) of the California Deferred Deposit Transaction Law. Certain cash advances in California are made or arranged pursuant to Department of Business Oversight California Financing Law. Cash advances in Minnesota made by ACE Minnesota Corp. Cash advances in Ohio arranged by FSH Credit Services LLC d/b/a ACE Cash Express, CS.900100.000, and made by, and subject to the approval of, an unaffiliated third party lender. Cash advances in Texas arranged by ACE Credit Access LLC and made by, and subject to the approval of, an unaffiliated third party lender. ACE Cash Express, Inc. is licensed by the Virginia State Corporation Commission, PL-115.
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