Payday loans are promoted all day long - on the radio, television, the
Internet, postal mail, email and social media. Payday loans are also known as also
known as cash advances, title loans, check advance loans, post-dated check
loans, or deferred deposit loans. Allan Jones founder of Check into Cash
invented the payday loan industry in 1993. Wells Fargo is the largest lender
that offers payday loans. Payday lenders target minority communities and
low-income consumers. Payday
lenders are less reputable than commercial banks.
If an unexpected emergency arises that has to be paid immediately and
you don’t have any savings or a credit card many consumers resort to using
payday loans. Payday loans can be obtained for $50 up to $1,000 or higher
depending upon specific requirements. To receive a payday loan you are required
to write a post-dated check for the amount you wish to borrow plus any fees for
using the payday loan. The money minus
the fee is provided immediately into the consumer’s bank account the next day.
The next time the consumer gets paid the lender accesses their bank account to
process the post-dated check and withdraws the amount owed plus the fee.
Payday loans are attractive to consumers due to aggressive advertising,
lack of education and knowledge about the consequences of using payday loans.
Payday loans users think they are getting ahead but they are really getting
further behind. If you don’t have the money to pay your bills, you also don’t
have money to repay the payday loan. Many consumers choose to use payday loans
because they have or had
access to credit but are unable to get approval for a loan or credit card and
have little to no savings. Payday loans do not require a credit check or other
forms of verification.
Payday loans
are banned in the following states: Connecticut,
Georgia, Maine, Maryland, Massachusetts, New Jersey, New York, North Carolina,
Pennsylvania, Vermont, Washington DC and West Virginia. However, you may still
see commercial for payday loans in these states. In some states, the
high interest rates charged by payday loan companies are illegal. If the
primary residence of an individual is in one of those states, the consumer may
not have to pay back the balance of the loan because it was originally offered
illegally.
Payday loans are structured to keep consumers in debt because they have high fees, short term
due dates, balloon payments, and have access to a borrower’s checking account.
This results in consumers borrowing additional money to pay back payday loans. Some
payday loan lenders offer no-cost loans to new borrowers although they know that
most borrowers will not be able to repay loan and will be charged a default
fee. Payday loans lenders operate as collection agencies and must adhere
to the Fair Debt Practices Collection Act (FDPCA) when collecting on a debt,
unfortunately most do not.
The consequences of payday loans
are:
- If you don’t have the money in your account on payday you will be charged additional fees including bank fees.
- You will be at risk for writing a fraudulent check if your check bounces which is a federal crime.
- Banks may cash checks prior to the post-date on a check.
- Security and fraud risks may occur because payday loans companies are not regulated.
- Some payday loan lenders report to the credit bureaus.
- Your payday loan account may be sold to a collection agency.
- If you default on a payday loan you may be sued by the payday loan lender. If the lender wins the lender may put a lien on your property, seize your checking account, real estate, or personal property to satisfy the judgment.
- The payday lender may not be licensed in every state and may make false threats such as taking you to jail or taking you to court which is illegal.
- Ninety-percent of online payday loans companies are not licensed.
- Payment arrangements are available but are not offered to eligible consumers so payday loan lenders can make more money.
- The default payment plan for most payday lenders is setup for consumers to pay the finance charge only which does not reduce the loan principal.
- Once a payday loan
company has a consumers’ bank account information they can access their
account for repayment at any time without the consumers’ permission and may cause multiple overdraft charges.
Here are
13 alternatives to obtaining a payday loan:
- Contact the payday lender’s headquarters office to setup payment arrangements.
- Notify your bank and the payday lender by providing specific instructions in writing on when or how your account should be accessed when writing a post-dated check.
- Contact your family, friends, your church, social, government or civic organizations to receive emergency financial assistance.
- Create an emergency fund to cover your monthly bills and expenses for 9-12 months.
- Maintain good credit.
- Create a budget and stick to it.
- Contac the lender immediately to setup a payment plan if you are unable to repay the payday loan.
- Repay the payday loan or time or prior to the due date
- Contact other funding sources such as peer to peer lending companies such as Prosper or Zopa.
- Contact a consumer credit counseling company or financial coach to help you examine your spending and develop a plan to repay your debt.
- Work overtime.
- Get a part-time job.
- Reduce spending by 30% by downgrading or downsizing your lifestyle.