The Washington Post does a nice job of highlighting just how worried payday lenders and check cashers are about the financial reform bill being debated in Congress.
This aspect of the legislation hasn’t received much attention, but it’s something that really matters to a lot of ordinary folk. (And it’s too bad the piece was apparently bumped from my print edition of the paper, to make room for coverage of Elena Kagan.)
As the Post puts it plainly:
The bill is particularly significant for payday lenders and check cashers because it could bring the bulk of their operations under the eye of a federal watchdog for the first time. According to a study by the Federal Deposit Insurance Corp. released in December, about a quarter of American households have little or no access to banks or other traditional financial services; many rely instead on payday lenders and check cashers.
The esteemed Mr Chittum noted last week that the details of the financial reform bill aren’t getting all the attention they deserve from the business press.
But this is one area where that just shouldn’t be the case. Could we really end up with a watchdog on consumer financial products that doesn’t include these guys?
The Post piece goes into good detail about how the industry is trying hard to protect itself, with a “Hill Blitz” organized by a trade group, the Financial Service Centers of America, that dispatched about 40 executives to lobby Congress.
[I]n back-to-back meetings with dozens of members of Congress last week, industry executives argued that their sector is already regulated by a complex web of legislation in the states, including some that ban payday lending. A federal regulator would create another layer of work that would increase their costs and potentially put some providers out of business, they said. In addition, they are often the only alternative for consumers who cannot qualify for — and sometimes do not want — a bank account or credit card.
“You have to make the effort to do it,” Aggie Clark, president of Seattle-based Moneytree, said of her packed day of meetings with lawmakers. Otherwise, she said, “you can get some pretty bad sound bites.”
I have no clue what Aggie Clark is trying to say there. But that states-do-the-regulating argument really isn’t persuasive. My former colleague Mary Kane at The Washington Independent has done some great reporting on this, and found that, despite new state laws across the country over the past few years, “[m]ost major payday lenders still are in business, using loopholes in existing small loan laws or circumventing new laws entirely to continue charging triple-digit annual interest rates, in some cases as high as nearly 700 percent, advocates contend.”
The industry’s current campaign isn’t limited to sending executives to the Hill. The FT reports that payday lenders have hired Wright Andrews, “a Washington lobbyist, who, along with his wife, played a big role in blunting the efforts of legislators to crack down on subprime mortgage lenders.” And they’ve launched a new ad campaign:
“Short-term lenders are already state regulated and didn’t take a dime of Federal bail-out money. So, why is Congress treating local lenders like Wall Street crooks?” says the announcer in a new television commercial that is part of a media barrage funded by the Community Financial Services Association, an industry trade group.
But wait, there’s more. David Lazarus at the Los Angeles Times reports on one particularly disturbing aspect of the effort: customers of these companies have been flooding Congress with calls asking lawmakers to leave the industry alone.
“My offices were getting hundreds of calls from the same few phone numbers, and the callers all seemed to be reading from the same script,” Boxer told me. “What was most surprising was that the callers were opposing a bill that was designed specifically to protect them.”
Turns out that “ostensibly spontaneous consumer rage” was all orchestrated by the industry. Lazarus puts it well:
It was also an extraordinary application of pressure on a vulnerable segment of the community: people with high-interest loans who could be financially devastated if the issuers of those loans suddenly demanded their money back.

Ah, Felix Salmon, the protector. I want protection from $500 a night rooms at the Plaza. After all, if I stay that every night, it would cost me $182, 500 per year for a room that . . . doesn't even have a kitchen! What an outrage! And don't even talk to me about restaurants - I couldn't feed myself and family on less than than $75,000 a year if we ate at restaurants all the time! Let's start reforming this industry, too, and get those rates down!
The above pro-'reform' piece tends, as pro-'reform' measures and supporting press do, to miss the forest for the trees. Those rates are market-driven, being high-risk. Then when 'reform' laws are evaded cleverly by people a bit more sophisticated than reformers themselves, because there is a reality-based need for payday lending which carries with it very high interest rates (payday lenders are not exactly in the Wall Street hedge-fund manager income class, if you think about it) - well, then, the failure of such foolish laws shows the need for - wait for it - stronger laws and more regulation! What a racket the pols have going!
#1 Posted by Mark Richard, CJR on Mon 10 May 2010 at 08:37 PM
Postcript to the above - yes, businesses targeted for extinction by Washington do tend to lobby against their deaths. I'm sure the proponents of controlled interest rates feel virtuous - after all, it isn't lobbyists flooding Washington crying 'Stop me before I borrow again!' who are behind these proposed regulations.
Now maybe the lower-income working people who need such emergency loans can turn to their neighborhood leg-breaker when they can't get a signature loan from . . . why, the banking establishment, of course. Anyone willing to predict a rise in business for . . . certain sketchy elements . . . as a result of this brainstorm? And upper-crust reformers can say that their hands are clean, of course. This is all about their own need to feel virtuous, as is invariably the case with bourgeois reform - not about practical outcomes.
#2 Posted by Mark Richard, CJR on Mon 10 May 2010 at 08:43 PM
Keep in mind that Microfinance companies routinely charge 20% interest rates or higher, and are glorified for doing so. So why are Payday Lenders vilified while Muhammad Yunus gets a Nobel Prize?
#3 Posted by JLD, CJR on Tue 11 May 2010 at 10:44 AM
20% vs. 400%. a bit of distinction there.
#4 Posted by mwh, CJR on Tue 11 May 2010 at 11:22 AM
20% vs. 400%. there's a bit of a distinction there.
#5 Posted by mwh, CJR on Tue 11 May 2010 at 11:24 AM
As for Mr. Richard: great analogy -- a rich guy pays a lot for a few nights in a luxury hotel room v. folks barely making ends meet getting trapped in cycle of debt specifically designed to keep them rolling over their balances over and over again. It's not unusal for payday loan borrowers to pay $1,500 to borrow $300. (The vast majority of the payday industry’s revenues come from consumers who get five or more loans in a year.)
And just because the payday lenders don't break people's legs doesn't make them good guys. Payday lenders have been known to harass borrowers who fall behind, call their workplaces and put their jobs, threaten them with jail (even though, as a nation, we gave up debtors prisons centuries ago), etc. etc.
#6 Posted by mwh, CJR on Tue 11 May 2010 at 12:03 PM
But there's a "market need" for 600%-interest loans! People need those five $300 loans (for which they pay $1500 in total fees and interest to pay their bills. If we put out of business those lenders, those poor people will not be able to pay their bills, because.... erm... because they'll have that $1500 they didn't pay to the corner lender?
#7 Posted by edward ericson, CJR on Tue 11 May 2010 at 05:38 PM
What about the 'regulated' banks that charge a $30 flat fee for someone who overdraws $5 the day before they are paid. Hmmm, let's see $30 in interest for a 1 day loan of $5 principle = (30 / 5) * 365 * 100 = 21900% APR!!! Despite this practice which accounts for billions in revenue industry wide, the banks get to wear the white hats and the payday lenders are the villians.
At least the federal laws that went into place at the beginning of 2010 require explicit customer opt in for overdraft protection and banks can no longer display the overdraft limit as an extension of the customer's available balance in their account.
#8 Posted by Mark, CJR on Thu 13 May 2010 at 08:04 PM
Frontline has done two specials that are essential watching for understanding the consumer credit market:
The Card Game (this one is the better one because it's a look back on the aftermath)
http://www.pbs.org/wgbh/pages/frontline/creditcards/
and The Secret History of the Credit Card:
http://www.pbs.org/wgbh/pages/frontline/shows/credit/
When tracing the history of how America transitioned from being a maker economy to a user/usury economy, the growth of unregulated consumer credit is a good place to start.
#9 Posted by Thimbles, CJR on Fri 14 May 2010 at 03:08 AM