Payday loans
also known as cash advances, title loans, check advance loans, post-dated check
loans, or deferred deposit loans are promoted all day long - on the radio,
television, the Internet, postal mail, email and social media. 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 communities of color 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 consumers 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 have 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. 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 when collecting on a debt.
The consequences
of payday loans are:
- If you don’t
have the money in your account on payday you will be charged additional
fees.
- If you don’t
have the money in your account you will be charged an overdraft fee by
your bank.
- You will
be at risk for writing a fraudulent check which is a federal crime.
- Banks may
cash checks prior to the post-date on a check and you are responsible for
paying the bank fees charged.
- Payday
loans have high interest rates with a common default rate of 6% (interest
rate charged if you fail to pay according to the terms of the loan).
- If you
borrow $100 and are charged a $15 fee for a 14 day (2 week) payday loan
the annual percentage rate charged for the loan is 26 x 15% = 390%. If you
do not have the money in your account, the payday loan is extended for an
additional $15, so you now owe $130 for borrowing $100. The
consumer will continue to be charged a fee until the loan is repaid in
full. This
may not sound like a lot but compared to using a credit card it is. For a credit card with a balance of $5,000
at 11.75% interest rate your monthly credit card payment is approximately
$158.
- Security
and fraud risks may occur because payday loans companies are not
regulated.
- Some
payday loan lenders report to the credit bureaus.
- Payday
loan lenders will continue to access a consumer’s account to obtain
repayment of the payday loan. This causes multiple overdraft charges and
could result in their bank account being closed and may not be able to
open another checking account.
- 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 for the loan amount, fees and court
costs. If the lender wins the court case a judgment will be filed and 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. You cannot
go to jail for defaulting on a payday loan. A payday loan lender cannot take you to
court if you live in a state where payday lending is banned.
- 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.
- You may be
forced to file for bankruptcy.
- You may become delinquent on other
debts.
- 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. Consumers must notify the payday
lender to retrieve payment in full during one payday cycle when repaying the
payday loan.
- 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.
- A payday
lender may use illegal collection methods to obtain repayment of payday
loans.
- A payday
lender may call you repeatedly at home, work or on your cell phone to
obtain repayment.
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.