Industry Regulation and Recent Legislation

Home
>
Loan
>
Industry Regulation and Recent Legislation

Industry Regulation and Recent Legislation

A number of states from coast to coast are attempting to impose further regulations on the payday loan industry, but without much success in many cases. Consumers of payday loans have generally argued against more stringent measures and limitations, that would limit their access to payday loans. And, in the meantime, the payday loan industry continues to grow, both in the numbers of loans issued and the dollar amounts of loans issued.

In Washington State, there were no less than 14 bills introduced during the 2004-2005 legislative session, with the specific intent of more tightly regulating the payday loan industry. Nine of the most aggressive proposals stalled in committee. If passed, these bills would have lowered payday loan interest rates and decreased the maximum amounts that a borrower could access.

Even more heavily opposed was a proposal to establish a statewide database of payday loans, giving both the industry and the state a way of looking at how many payday loans a borrower already had when he or she applied for another. This measure was designed to prevent borrowers from seeking loans from multiple lenders. Some analysts viewed the proposal as a potentially dangerous intrusion into people's personal finances. The payday loan industry contended that cutting interest rates and putting a lower cap on loan amounts would significantly damage their business.

Most of the regulations proposed in Washington were stalled in legislative committees and never reached the floor of the legislature.

A bill passed two years ago in Washington already provided a number of consumer protections. The state requires, for example, that borrowers have the right to cancel a loan within one business day. A borrower 'payment plan' was also made mandatory, requiring that once a borrower has received four loans from the same lender, he or she is allowed to work out a repayment plan over at least 60 days.

The State of Oregon has also been embroiled in a payday loan controversy including attempts to restrict an industry that is largely unregulated in that state. A bill proposed during the 2004-2005 legislative session would have imposed mandatory 31 day loan periods, effectively eliminating the practice of rollovers.

More than 1500 clients of just one payday lender wrote urging the Oregon legislature not to pass the proposed restrictions. In general, those individuals said they valued being able to access short term loans quickly and easily, without having to depend on the good will of family or friends when they ran into an emergency cash flow situation. They also indicated that they did not consider the interest rates unfair.

At the same time, the dollar amount of payday loans granted in Oregon has grown by 285 percent in the past five years, and the number of loans issued has grown 138 percent in the same time period.

In New Mexico, the State House of Representatives introduced a bill that would limit payday loans to $1,000 each and imposed restrictions on some fees and charges. While the legislation did not prevent rollovers, it specified that a loan was forgiven once the customer had paid twice the amount that was originally borrowed. Consumer groups and the state's Attorney General pushed for a payday loan interest cap. Arizona's governor has stated that he will not sign the measure because it fails to provide adequate protection for borrowers.

On the other side of the U.S., in the State of Maine, lawmakers have been asked to approve changes to existing laws that would allow significant expansion of the payday loan industry. Under current state law, fees are capped at $15 for loans up to $250, and at $25 for loans exceeding $250. One of the proposed changes in that state would allow lenders to charge as much as 17.5% per week, which would amount to $17.50 per $100.

In addition, payday lenders in Maine would be exempted from the state's existing consumer credit code. They would be allowed to use advertising methods that are currently prohibited and to have greater leeway in collection methods in the event of default.

The U.S. Military contends that military personnel are disproportionately targeted by payday loan companies and that lenders adjacent to military bases charge higher rates of interest. A recent study lends some validity to that point of view.

Most of the recent legislation aimed at regulating payday loans across the country, however, is aimed at in-state, storefront businesses, rather than Internet based lenders. It may be that Internet payday lenders have not been targeted as aggressively because they tend to be much more competitive, offering lower interest rates and lengthier repayment terms.

Ethan Hunter is the author of many credit related articles. If you are looking for help with Payday Loans or any type of credit issue please visit us at http://www.PaydayLoanChoice.com

In The News:

Yahoo! News: Top Stories

Democrats criticize Obama's proposed tax cuts (AP)

AP - President-elect Barack Obama's proposed tax cuts ran into opposition Thursday from senators in his own party who said they wouldn't do much to stimulate the economy or create jobs. Senators from both parties agreed that Congress should do something to stimulate the economy. But Democratic senators emerging from a private meeting of the Senate Finance Committee criticized business and individual tax cuts in Obama's stimulus plan.

UN Security Council calls for immediate Gaza truce (AP)

AP - The U.N. Security Council called for an "immediate" and "durable" cease-fire in Gaza in a resolution Thursday night even as fighting between Israel and Hamas raged Â— with early morning airstrikes killing seven Palestinians and pushing the death toll to about 760 in the near two-week conflict.

Key panel recommends impeaching Ill. governor (AP)

AP - A key panel unanimously recommended impeachment for Gov. Rod Blagojevich on Thursday, setting up a vote that could make him the first governor to face such fate in Illinois' sordid political history. Blagojevich should lose his job for abusing power, mismanaging government and committing possible criminal acts, including federal allegations he tried to sell off a U.S. Senate seat, the special committee concluded.

Mini Dynasty: Tebow leads Gators past Oklahoma (AP)

AP - Tim Tebow gave Florida the jolt it needed, and the Gators toughed out a second BCS title in three years.

Job losses stack up as recession deepens (AP)

AP - Trying to survive a deepening recession, employers are cutting their work forces to the bone, leaving more Americans unemployed and with dim prospects of finding a new job any time soon.

Oversight panel wants better answers from Treasury (AP)

AP - Less than a month after its first report, a congressional panel overseeing the Treasury Department's $700 billion financial bailout is demanding more answers.

Critics' final answer: `Slumdog' wins 5 awards (AP)

AP - The critics have spoken, and "Slumdog Millionaire" is their final answer.

Petraeus: Afghan, Pakistan problems are really one (AP)

AP - U.S. policy to win in Afghanistan must recognize the poor nation's limitations and its neighborhood, especially its intertwined relationship with U.S. terrorism-fighting ally Pakistan, the top U.S. military commander in the region said Thursday.

Cheney: CIA did nothing illegal in interrogations (AP)

AP - Vice President Dick Cheney said Thursday that he sees no reason for President George W. Bush to pre-emptively pardon anyone at the CIA involved in harsh interrogations of suspected terrorists. "I don't have any reason to believe that anybody in the agency did anything illegal," he said.

Prosecutors: Madoff was ready to send out $173M (AP)

AP - Prosecutors said Thursday that investigators found 100 signed checks worth $173 million in Bernard Madoff's office desk that he was ready to send out to his closest family and friends at the time of his arrest last month in what is alleged to be largest financial fraud in history.

U.N. Security Council calls for immediate Gaza truce (Reuters)

Reuters - The U.N. Security Council called for an immediate ceasefire in the Gaza Strip but Israeli warplanes launched intermittent attacks on Friday.

Obama pushes stimulus, warns on recession (Reuters)

Reuters - President-elect Barack Obama warned on Thursday the U.S. economy could stay mired in recession for years without bold action and he urged lawmakers to work day and night to pass a massive stimulus plan.

Citi backs measure to help avoid foreclosures (Reuters)

Reuters - Financial giant Citigroup Inc will support a proposal in Congress to rewrite U.S. bankruptcy law to help troubled mortgage borrowers avoid foreclosure, Chief Executive Vikram Pandit said on Thursday.

Illinois panel recommends governor's impeachment (Reuters)

Reuters - A legislative committee on Thursday recommended the impeachment of Illinois Gov. Rod Blagojevich, citing widespread abuse of power including allegations he tried to sell the U.S. Senate seat vacated by President-elect Barack Obama.

Qaeda Pakistan leader believed dead: U.S. official (Reuters)

Reuters - Al Qaeda's operations chief in Pakistan and a top aide are believed to be dead, a U.S. counterterrorism official said on Thursday, in what appeared to be the latest results of a campaign targeting the militant group's leadership.

Accused swindler Madoff "warm and charming": report (Reuters)

Reuters - Some friends of accused swindler Bernard Madoff considered him a "warm and charming" man, and one of his alleged victims praised him just before his death in 2005, Fox Business Network reported on Thursday.

Obama names Virginia gov as Democratic Party head (Reuters)

Reuters - President-elect Barack Obama named Tim Kaine as head of the Democratic Party on Thursday, rewarding an early supporter with a high-profile political post even as he continues to serve as Virginia governor.

EU seeks gas supply return after deal on monitors (Reuters)

Reuters - Europe on Friday looked for a swift restoration of gas supplies, after striking a deal with Moscow on monitoring gas shipments via Ukraine that have been halted by a rancorous pricing dispute with Kiev.

UN Security Council urges immediate Gaza ceasefire (AFP)

AFP - Israel was under intense pressure Friday to end its two-week-old offensive in the Gaza Strip after the UN Security Council called for an immediate ceasefire as the death toll from the war rose past 760.

Progress in resolving gas row as Russia agrees to monitors (AFP)

AFP - Hopes for a quick resumption of Russian gas supplies to Europe were rising Friday after Russia agreed on the terms for the deployment of monitors in Ukraine.

Industry Regulation and Recent Legislation

Loan Loan