Payday loans often plunge borrowers deeper into debt
Consumer Forum

Payday loans often plunge borrowers deeper into debt


By Russ Van Arsdale
Executive director, Northeast Contact

Win the lottery.

That’s our advice, if you decide that the only way you can make ends meet is by taking out what’s called a payday loan. You’ll likely need those lottery winnings to pay off that kind of debt.

The term “payday loan” applies to short-term borrowing, usually for a period of two weeks. It is referred to as an “open-ended” line of credit. Under Maine law, lenders may charge a flat fee of $15 on loans of $100 to $250. Annual percentage rates are capped at 30 percent. That’s a rate that William Lund, superintendent of the Maine Bureau of Consumer Credit Protection, calls fairly generous.

The problem with this kind of loan is reflected in its name. If the payday is the due date for the payoff, the borrower will more often than not find less than enough money in his or her paycheck to meet expenses and pay off the loan.

That’s what many Internet-based lenders — many of whom do not have the required licenses to do business in Maine — are counting on. The shady ones ignore Maine’s rate caps as well as licensing rules in perpetuating what Lund calls the “debt cycle.”

After enticing cash-strapped consumers, the Internet lenders get a checking account number. That allows them to deposit the initial loan electronically and later to withdraw interest payments and, in some cases, the principal. Usually, however, the consumer can’t afford to pay off the loan, so the lender takes only the interest payment. The loan is renewed for another two weeks, and on it goes.

Many consumers are in debt to multiple lenders by the time they call the bureau with debts sometimes running into thousands of dollars. Lund says the out-of-state-based payday lenders might charge $30 per week on a $100 loan, far above Maine’s flat rate, which was set to allow lenders to cover administrative expenses.

The bureau dealt with complaints on about 60 different Internet-based lenders last year, and Lund expects that number to increase in 2009. He advises consumers who complain to his department about unscrupulous lenders to close the checking account from which the lender is taking funds. Lund also advises borrowers to ignore threats that their case will be turned over to a debt collector (often a related company with, again, no right to operate in Maine). And Lund says threats of litigation to collect debt are usually empty, since district attorneys around the state would likely not help an unlicensed operation to collect a cent.

When we spoke on Friday, Lund was preparing a news release on the subject of payday loans. We urge consumers to read media accounts carefully and take the superintendent’s cautions to heart.

Northeast CONTACT is not indicting all forms of short-term lending. We are simply saying to would-be borrowers, “Know what you’re getting into.” Understand the terms and ALL of the costs before signing anything. If you need help, call the Bureau of Consumer Credit Protection at 800-332-8529 (800-DEBT-LAW) or on the Web at www.credit.maine.gov.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s membership-funded, nonprofit consumer organization. Individual and business memberships are available at modest rates. For assistance with consumer-related issues, including consumer fraud and identity theft, or for more information, write: Consumer Forum, P.O. Box 486, Brewer 04412, or e-mail contacexdir@live.com.

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Comments
3 comments on this item

Not all payday loan companies are doing such trick. Taking out this kind of short-term loans could be very helpful if you handled your money wisely. Some states are trying to prohibit this payday loans. And at this moment this industry is being run out of Virginia, joining the ranks of legislative caps, which are effectively bans, on payday lenders, capping interest at an inoperable 36%. It seems that nearby states that had adverse affects from similar bans weren't enough to save payday loans in Virginia. They did leave a little space – lenders can charge interest for the first 25 days, but if the loan is paid back in 25 days, no interest or fees can be applied and afterwards only 36% - effectively free or cheap payday loans. Read more about payday loans in the Old Dominion at the Money Blog.

In fixing crisis in the economy, payday loans are always handy in need of last minute cash but there were few that were not a huge fan of payday loans, perhaps they were not given the chance to inform. Given the privilege; this financial institution has the goal of getting loans quick and easy especially now that we are in tougher economic times. I was been informed recently that the state legislature is weighing House Bill 1421, which would first establish that fees charged on faxless payday loans couldn’t be legally deemed interest. The bill would also cap the number of renewals and the amount of money that can be lent by payday loan outlets. Another provision of the bill makes waiting a few days between payday loans mandatory. HB 1421 contains a lot of provisions that would prove beneficial for both the lenders and the consumers of payday loans. To read more about HB 1421 and payday loans head over to the Money Blog.

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