Ohio needs to clamp an even tighter lid on payday lenders

by The editors

Monday June 08, 2009, 4:15 AM

Ohioans thundered in November against gouging by payday lenders, voting 2-to-1 to cap APRs on payday loans at 28 percent. But as an Elyria legislator said last week, the insatiably greedy lenders have found ways to thumb their noses at Ohio voters.

The legislator, Democratic Rep. Matt Lundy, aims to close the lenders’ loopholes. Among those backing his plan is the Coalition on Homelessness and Housing in Ohio (COHHIO), a sparkplug of 2008’s Ohio consumer push-back.

A bipartisan 2008 law capped the maximum annual percentage rate (APR) on Ohio payday loans at 28 percent. Before that, payday lenders could charge APRs as steep as 391 percent, thanks to 1995 legislation so seamy that then-Gov. George V. Voinovich let it slink into law without his signature.

Last November, via statewide referendum, payday lenders tried to overturn the 28 percent APR cap passed by a GOP-run Senate and a Democrat-run Ohio House. Instead, almost 3.4 million Ohio voters ratified the 28 percent limit. Their message: Lenders should follow the new law — or take a hike. Payday lenders did neither. Instead, they twisted two other Ohio laws (regulating mortgages and small loans) into cover for the same old gouging.

According to Cleveland’s Housing Research and Advocacy Center, interest and fees on a two-week, $100 loan can produce a 432 percent APR (under the small-loan law) or a 680 percent APR (under the mortgage law).

According to COHHIO, Lundy’s bill would cap APRs at 28 percent on all loans of less than $1,000 and less than 90 days and forbid lenders to charge a fee for cashing loan checks. The General Assembly should pass it, pronto.

Provinces will not lower fees for payday loans

The three provinces that have announced some of the highest allowable payday loan rates in North America all say they have no intention of lowering the fees that can be charged to consumers.

Ontario and British Columbia will allow companies to charge well over $60 in interest charges and other fees on a typical $300 loan over a 14-day period. The maximum in Nova Scotia will be more than $90 per $300 loan, when the new regulations take effect this summer.

As was disclosed by the National Post earlier this week, the fees, which work out to an annual interest rate of well over 500% in Ontario and B. C. and 800% in Nova Scotia, come at a time when state governments in the United States are trying to lower payday loan charges.

As well, two of the largest payday loan companies in Canada stated publicly last year that they could be profitable after a Manitoba regulator concluded that $51 per $300 loan should be the maximum.

Missouri is the only state where payday loans are regulated with maximums higher than those that will be permitted in Nova Scotia. (Six states do not have rate caps. At the same time, 15 states have interest rate provisions that effectively ban payday loans).

“The government has no plans at this time to change the fee structure,” said Wade Keller, communications director for Nova Scotia Premier Rodney MacDonald.

The B. C. and Ontario governments also indicated that they will not be reviewing their rates.

While the fees are the maximum allowed, an internal Ontario government policy paper issued in 2007 stated that U. S. data shows the maximum rate ends up becoming the standard market rate.

Five provinces have yet to set maximum fees. Two years ago, the federal government passed legislation exempting the industry from the 60% annual interest rate allowed under the Criminal Code and turned over regulating payday loans to the provinces.

Quebec has a maximum annual interest rate of 35% and has no payday loan industry.

In Manitoba, a bill to regulate the industry is in second reading before the legislature. No rates have been finalized, but it is expected the maximum will be the $17 per $100 recommended last year by an independent agency.

The province will ensure there is “responsible lending” by the industry without banning payday loans said Finance Minister Greg Selinger. “We have evidence these rates will allow the industry to be operational,” Mr. Selinger said.

B. C. and Ontario justified the rates based on studies that suggested payday loan companies have costs of over $20 per $100 loaned. But the studies used self-reported data from a small number of companies — less than 10% of the industry in the Ontario report.

The opposition parties in all three provinces are calling for a review of the payday loan rates.

Rob Fleming, an NDP member of the legislature in B. C. who put forward a private member’s bill for more oversight, suggested the government of Premier Gordon Campbell was won over by lobbyists.

“The payday loan industry moved from opposing regulation, to accepting it and then guiding it,” Mr. Fleming said.

When the Liberal government in Ontario announced the new rates this spring as consumer friendly, “they got a photo op, a headline and then ‘we are out of here.’ That is their style of government,” said Conservative economic development and trade critic Ted Chudleigh.

“These rates need a second look,” he stated.

Online Lenders Fight Regulation

In these hard times, more people than ever are using payday loans to keep bill collectors at bay. Quick money for people with bad credit has been praised by some as a lifeline for the poor and condemned by others as a money trap exploiting families in crisis. Several states have passed laws limiting interest rates, but there is one marketplace that seems to recognize no borders — the Internet.

Videographer Lagan Sebert has been tracing the many ways Americans have been ringing up record debt. For this story, Sebert first staked out a conference on Capitol Hill where online payday lenders and lobbyists honed their arguments to Congress against reform; then he traveled to a small town near the Virginia-North Carolina border to learn about the experiences of a man who one day googled “bad credit loans” and soon found himself in more trouble than he bargained for:

Payday Loan Reform Dies a Death

I know this isn’t exactly Roland Burris yelling at Chris Matthew or anything, but I do wish that our local news outlets–the Grown Up Important ones–would spend any meaningful time covering Springfield for something other than budget fights and corruption scandals.

Thankfully, there’s Progress Illinois, which has been keeping a close eye on the effort to reform the usurious payday lending industry. They’ve got some bad news for us today:

On Tuesday evening, the industry won out again as the House Executive Committee rejected Rep. Julie Hamos’ (D-Evanston) SB 1435, which would have established reasonable interest rate caps and fair finance charges on these largely-unregulated loans. Eight members of the committee voted “Present.” “It’s a big disappointment for those who have been working hard on the issue for years,” Hamos told us from the House floor yesterday.

Payday Loans Vicious Cycle: Desperate Americans Turn to Advance America

A few years ago, her old car needed repairs which she couldn’t afford and, since she uses the car to take her epileptic daughter to the doctor, White became desperate.

“Things was tough. I needed money so, that’s what I had to do,” she said. “I wasn’t getting enough.”

White’s solution was one that over a million Americans have turned to: Advance America, the largest payday loan company in the United States.

It seems simple enough: Demonstrate that you have a job or a steady income, and Advance America will loan you money, for a fee of $15 per $100 borrowed.

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