Missouri Supreme Court gives Missouri voters the option to slap a 36% cap on payday loans

On Tuesday of this past week (July 31, 2012), the Missouri Supreme Court ruled that a ballot initiative capping the interest rate of small loans at 36% (including payday loans) will appear on the Missouri general ballot this coming November. This court decision is terrific news for the many poor, working-poor and struggling middle class people who have been victimized by predatory lenders throughout Missouri. I have previously discussed this hotly contested payday loan court case here. The payday loan industry had attacked this ballot initiative on numerous technical grounds, including constitutional issues, but in its July 31, 2012 decision, the Missouri Supreme Court shot down all of the arguments of the industry, holding that the payday initiative will go on the Missouri ballot in November. Here's the entire opinion of the Court. [More . . . ]

Continue ReadingMissouri Supreme Court gives Missouri voters the option to slap a 36% cap on payday loans

Payday loan opponents struggle to get a fair hearing

Payday loans are high-interest short-term unsecured small loans that borrowers promise to repay out of their next paycheck, typically two weeks later. Interest rates are typically 300% to 500% per annum, many multiples higher than the exorbitant rates charged by banks on their credit cards. A typical payday borrower takes out payday loans to pay utility bills, to buy a child’s birthday present or to pay for a car repair. Even though payday loans are dangerous financial products, they are nonetheless tempting to people who are financially stressed. The growth of payday lenders in the last decade has been mind-boggling. In many states there are more payday lenders than there are McDonald’s restaurants. In Missouri Payday lenders are even allowed to set up shops in nursing homes. Missouri’s payday lenders are ferociously fighting a proposed new law that would put some sanity into a system that is often financially ruinous for the poor and working poor. Payday lenders claim that the caps of the proposed new law would put them out of business. Their argument is laughable and their legislative strategy is reprehensible. Exhibit A is the strategy I witnessed Thursday night, February 18, 2010. On that night, Missouri State Senator Joe Keaveny and State Representative Mary Still jointly held a public hearing at the Carpenter Branch Library in the City of St. Louis City to discuss two identical bills (SB 811 and HB 1508) that would temper the excesses of the payday loan industry in Missouri. Instead of respecting free and open debate and discussion regarding these bills, payday lenders worked hard to shut down meaningful debate by intentionally packing the legislative hearing room with their employees, thereby guaranteeing that A) the presenters and media saw an audience that seemed to favor payday lenders and B) many concerned citizens were excluded from the meeting. As discussed further down in this post, payday lenders are also responsible for flooding the State Capitol with lobbyists and corrupting amounts of money.carpenter-branch-library When I arrived at 7:00 pm, the scheduled starting time, I was refused entry to the meeting room. Instead, I was directed to join about 15 other concerned citizens who had been barred from the meeting room. There simply wasn’t room for us. But then who were those 100 people who had been allowed to attend the meeting? I eventually learned that almost all of them were employees of payday lenders; their employers had arranged for them to pack the room by arriving en masse at 6 pm. Many of the people excluded from the meeting were eventually allowed to trickle into the meeting, but only aspayday-employees other people trickled out. I was finally allowed into the meeting at 8 pm, which allowed me to catch the final 30 minutes. In the photo below, almost all of the people plopped into the chairs were payday lender employees (the people standing in the back were concerned citizens). This shameful tactic of filling up the meeting room with biased employees has certainly been used before.

Continue ReadingPayday loan opponents struggle to get a fair hearing

Time for a national usury law?

First Premier Bank has just introduced its new 79% interest rate sub-prime credit card. No, that's not a typo, and some experts expect to see more credit cards with sky-high interest. Which makes me again bring up the topic of a national usury cap. Thomas Geoghegan recommended such a cap last year, in his article in The American Prospect. He suggested a credit card interest cap of 12% and a law completely barring payday loans.img_1180 I have filed several class action suits against large payday lenders (here's a post on one of those suits). These lenders often argue that people need these 400% interest loans for short term emergencies. At what cost, though? In my experience, these lenders are commonly stretching out these "short term" loans for many months. People who borrow $500 will pay $2000 in interest over the year and they will STILL OWE THE $500. Many states allow payday lenders to charge in excess of 1000% interest. These loans suck the very life out of working class folks. They amount to financial crack cocaine, because people often end up taking out a second, and a third payday loan in order to pay off the first one. It's a terrible mess and it's ruining lives. That's why 13 states have passed laws making sure that payday lenders cannot operate in those jurisdictions. It's time for the other states, and Congress, to get with the program. To put this all in perspective, remember the stories about "loan sharks?" Those were the good old days. "Simple nominal annual interest rates on extortionate mafia loan shark debts averaged 250%." Syndicate Loan-Shark Activities and New York's Usury Statute, 66 Colum. L. Rev. 167, 167 (1966). And here's another irony. The Bible clearly holds that usury is a sin comparable to murder. Usury is prohibited by Exodus 22:25: "If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury.” Usury is also prohibited by Leviticus 25:35-37. In spite of these Bible quotes, if you want to find lots of payday stores and payday lenders, look for geographical areas where you'll also find conservative Christians. That is the finding of Steven M. Graves and Christopher Peterson, in a law review article entitled "Usury Law and the Christian Right: Faith-Based Political Power and the Geography of American Payday Loan Regulation," 57 Cath. U. L. Rev. 637, 640 (2008):

We conclude, with a high degree of statistical certainty, that states with powerful conservative Christian populations tend to host relatively greater numbers of payday loan locations per capita as well as a greater commercial density of payday lenders. These findings propound a tragic and sad irony. Those states that have most ardently held to their pious Christian traditions have tended to become more infested with the progeny of money changers once expelled by Christ from the Hebrew temple. Legislators in those states, who have effectively used biblical principles to shape their legislative agenda on social and cultural issues, have failed to consistently apply biblical principles to economic legislation.

All it would take for Congress to outlaw payday loans is to write up a bill, have a majority of members of Congress approve of it, and then refer it to the President to sign it. But that can't happen these days because the financial services industry pays our politicians huge amounts of money so that they WON'T sign these sorts of bills. And, of course, with regard to Congress, the banks "frankly own the place."

Continue ReadingTime for a national usury law?

How do payday lenders get away with charging such high interest rates?

The topic of usury laws and payday loans arises frequently these days. Payday lenders commonly charge interest rates of 300%, 400% or more on their loans to desperate consumers. Why do I suggest these consumers are desperate? It’s because they are writing postdated checks to payday lenders, agreeing to give up a large chunks of their next paychecks, and paying exorbitant interest rates in the process. How many people who are not financially desperate would be willing to sign away the proceeds of a future paycheck and pay 450% interest for this “privilege”? With repeated real-life scenario as the backdrop, the question often arises: do usury laws exist anymore? This topic has been addressed by Christopher Peterson in a comprehensive law review article entitled “Usury Law, Payday Loans, and Statutory Sleight-Of-Hand: an Empirical Analysis of American Credit Pricing Limits.”

It’s not hard to determine what motivates Peterson’s work. He writes that the American consumer is now dealing with “a new, largely unregulated credit marketplace.” The center of the storm is the payday lending industry which, “despite spending millions on lobbying and public relations, is at the center of an inferno of rage and public controversy.” Peterson takes time to discuss the history of usury laws throughout the history of the American republic. Usury laws, according to Peterson, have “historically been the foremost bulwark shielding consumers from harsh credit practices.” At the time our country declared its independence, no state had an interest of greater than 8%. Benjamin Franklin warned of …

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Continue ReadingHow do payday lenders get away with charging such high interest rates?