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The Legislature is trying to improve payday loans. By
doubling the amount that can be borrowed. By extending the term. By allowing
consumers to take out more loans each year.
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It may not be as bad as it sounds.
Payday loans are short-term loans with high fees and high
interest rates. Depending on how long it takes the consumer to repay the loan,
the effective cost can be 200 percent or more of the loan amount. But many
consumers who do not have bank accounts or credit union memberships have found
payday loans to be accessible, no matter the costs.
Banks and credit unions have tried to step into the
business, but have difficulty competing with low-overhead payday loan shops.
Prior to reforms made in 2009 by the Legislature, the loans
became a treadmill for consumers who repeatedly rolled over the debt, incurring
more punishing fees in the process. Now, consumers can take out only eight
loans of no more than $700 per year, and they are entitled to work out an
installment plan for an unpaid balance.
The industry was already starting to contract, but the
reforms squeezed out many of the smaller operators. The business also took a
hit when Congress restricted loans to members of the military, whose debt
obligations were compromising their security status and the readiness of their
units. Lending activity declined by one-third between 2005 and 2011, the most
recent year for which the Washington Department of Financial Institutions has a
report.
Now, the industry is back with a new product owners say can
lower consumer costs even if they borrow more money; up to $1,500.
Of course, that depends on how fast they can repay the loan.
The interest cap remains the same – 36 percent – but there is a $225
origination fee for that $1,500, and a monthly $90 maintenance fee. Monthly
payments can consume no more than 15 percent of a borrower’s income.
If, somehow, consumers can repay the loan within one month,
they will save $110 compared with the cost of the $700 product. But the longer
it takes to repay the loan, the more expensive it becomes. That $1,500 becomes
a $3,160 obligation after one year.
But proponents say most consumers in Colorado, which has a
similar law, pay their loans off early. And, they add, if Washington-based
companies such as MoneyTree cannot offer this product, consumers will find it
on the Web, where unscrutinized and unscrupulous international lenders will be
happy to help. Lenders based on reservations, where enforcement is disputed,
are also in the market.
DFI can do little more than issue warnings on the bad
Internet actors, and hope consumers get the message when searching for a lender
online.
Reports conflict on the magnitude of that threat. And the
Washington legislation passed out of the Senate last month, and since revised
as ESSB 5312, may need more review than its so-far rapid progress has allowed.
There are some good consumer safeguards written into the
bill, but does the state want them in debt twice as deep as they can get now?
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