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Texas credit unions work on payday loan alternative

By PAMELA YIP / The Dallas Morning News
pyip@dallasnews.com

Texas credit unions are taking on payday lenders with the development of what they say will be an alternative loan.

About 50 credit unions – including nine in North Texas – are developing the yet-to-be-named product, which they hope to make available in the third quarter.

“Our ultimate goal is to empower low-wealth consumers and move them into economic stability,” said Mike Delker, vice president of credit union relations for the Texas Credit Union League. “We’re not talking about a hand-out. Families caught up in the predatory lending trap don’t need our charity. They need solutions.”

Giving more options to consumers who seek payday loans is good because they can ill afford the high cost of such loans.

Payday loans are big business in Texas, to the tune of nearly $3 billion a year, according to Don E. Baylor Jr., senior policy analyst at the Center for Public Policy Priorities in Austin.

A payday loan, also known as a cash advance, is a small short-term, high-interest loan that’s intended to bridge a borrower’s cash flow gap between pay periods.

The majority of customers earn between $25,000 and $50,000 a year, according to the Community Financial Services Association of America, which represents payday loan companies.

To obtain a loan, a borrower gives a payday lender a postdated personal check or an authorization for automatic withdrawal from the borrower’s bank account. In return, the borrower receives the loan amount, minus the lender’s fees, which can be substantial. For example, with a $300 payday loan, a borrower might pay $45 in fees and get $255 in cash.

The lender holds the personal check or electronic debit authorization until the borrower’s next payday. At that time, the loan is due in full.

Consumer advocates have long criticized payday loans for their astronomical cost.

For example, for a 10-day, $400 payday loan, Texans could expect to pay about $100 in interest and fees, equating to a 925 percent annual percentage rate, Baylor said.

The average payday borrower pays $800 to borrow $325, and 99 percent of payday loans go to repeat borrowers, the credit union league said.

The payday lending industry says its products are short-term loans – typically for two weeks – and shouldn’t be used as a long-term financial solution.

The industry says the triple-figure APR is misleading because payday loans aren’t annual loans.

It also challenges the argument that payday loans trap borrowers in an endless cycle of debt, saying that payment plans are available at no additional fees and that more than 90 percent of payday loans are repaid when due.

In Texas, most payday lenders require customers to reapply for a new loan instead of simply extending or “rolling over” the original loan, said Rob Norcross, spokesman for the Consumer Service Alliance of Texas, which represents the state’s payday lenders.

He said members of his group limit the number of refinances as part of their underwriting criteria. “Some use three, others four, as general criteria,” Norcross said.

Still, consumers who see no other alternative to a payday loan need more options.

About 20 percent of credit union members use payday loans, said Natasha Melugin, league representative at the Texas Credit Union League.

“We have been advocating for the advent of alternatives, so we’re working in coalition with several other groups trying to promote alternative products,” Baylor said.

Features of the alternative loan include:

• An annual interest rate capped at 18 percent.

• A savings feature. For example, if you got a $200 loan, 10 percent, or $20, would be put aside in a savings account at your credit union and the money would be yours after you pay off the loan.

“At the end, they would actually have some money in a savings account, as opposed to not having anything,” Melugin said. “It’s giving them confidence that they can save money, something that they may never have had before, so they may not need a loan the next time.”

• The ability to make periodic loan payments.

Even payday lenders acknowledge that competition is good.

“Markets work effectively when there’s competition,” Norcross said. “As long as there is full disclosure of all the rates and the terms, and as long as the customer understands exactly what they’re paying for the amount that they borrow, that’s fine. If they can help their members over tough financial times, that’s great.”

Most important, by developing the loan product, the credit unions are keeping with their mission of raising the financial literacy and status of their members.

Some CU Payday Loan Alternatives Not Alternatives

A recent NCUA letter to federal credit unions drew some lines to govern the characteristics of payday loan alternatives federal credit unions can offer.

“An FCU’s program should be designed ultimately to try to help members end their reliance on payday loans and guide members toward the FCU’s more mainstream, low-cost financial products and services, including financial counseling,” the NCUA wrote before explaining how some FCU payday loan programs did not meet that standard.

For example, the agency said a permitted program might offer a loan of $500 for 120 days at 16.9% APR and no fees. Minimum payments are due each payday and if a member has received two loans they must receive a budget counseling course before taking out the third.

Examples of programs the agency would not permit included one that carried a 0% APR but included a 20% application fee.

“The 20% fee does not accurately reflect the costs of processing applications so the fee should be considered a finance charge under Reg Z and be included in calculating the APR. This would raise the APR above the 18% ceiling,” the agency wrote.

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Pay day lender to nullify loans in settlement

Arrowhead Investments LLC, a provider of pay day loans over the Internet, has agreed to zero-out all loans to Wisconsin customers and pay $180,000 in restitution and costs to settle allegations of consumer law violations.

The company reached the preliminary agreement with the Consumer Law Litigation Clinic at the University of Wisconsin Law School and the Wisconsin Department of Justice, on behalf of the Wisconsin Department of Financial Institutions. The class-action lawsuit was filed by the Consumer Law Litigation Clinic, which alleged that Arrowhead’s loan contracts violated certain provisions of the Wisconsin Consumer Act and Wisconsin common law unconscionability. Arrowhead Investments denied the allegations and has not admitted any liability in this matter.

The Justice Department said approximately 1,300 consumers could receive relief. The settlement covers Wisconsin consumers who received a loan from Arrowhead Investments between Dec. 1, 2001, and Dec. 21, 2007, and who paid more than their principal loan amount to Arrowhead. They will receive a cash payment.

Arrowhead will also close all outstanding loans with a zero balance, totaling more than $432,000 in loan, cost and fee forgiveness, and also agreed to no longer solicit loans to Wisconsin consumers for five years, among other settlement provisions.

Payday loans a Valley money pit

They’re easy to get, but critics say they are a debt trap for the vulnerable.

Published online on Saturday, Aug. 01, 2009

There are times when Glenda Powell is desperate for money.

When cash runs short, she first looks to her daughter or mother for help. Then, if she must, she turns to a payday lender.

Dozens of these no-frills storefronts all over the Valley will let people borrow against their next paycheck — for a price. A big price.

“It’s my last resort,” said Powell, a 48-year-old hospital worker from Fresno. “If they don’t have the money, I go to the payday loan.”

State law limits payday loans to $300, but nothing says you can’t borrow against the same paycheck from more than one company or renew the debt repeatedly. With the loans typically carrying annual interest rates of 460%, that can mean trouble.

“I’ve had up to four loans at one time,” she said. “The situation was bad, and I got deep into it. … You get into a cycle where you pay this one back, then reborrow. That’s how I was doing it for a while, and not making enough money to pay my rent or my bills.”

Many states effectively ban payday loans, and a federal law could end the practice nationally. But they’re perfectly legal in California.

Payday lenders flourish in low-income areas such as the central San Joaquin Valley. Fresno County, for example, has more of them per capita than any other large county in the state.

Payday lenders say they provide a necessary service at a reasonable cost. Consumer advocates say the companies prey on working-class families, creating a debt trap for the vulnerable.

Experts say payday loans are another example of how the poor pay more for everyday things. People with more money can dip into savings or use credit cards to get cash far more cheaply.

Payday loans have one advantage: they’re easy to get. By showing little more than a payroll stub and a photo ID, a person can apply to cash a personal check that the company will hold until payday comes around, usually up to two weeks or a month.

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Community groups ask for more responsible loans, mortgages

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