Credit reporting agency Teletrack has been fined nearly $2 million by the FTC for illegally selling credit reports. Photo Credit: TrinityCreditServices/Flickr/CC-BY

Credit reporting agency Teletrack, which specializes in subprime credit reports, has been fined by the FTC for selling credit reports illegally. The agency was found to have sold credit reports to payday loan lenders and has to pay $1.8 million in fines to the Federal Trade Commission.

Company cited for selling credit reports for marketing purposes

The Federal Trade Commission has slapped credit rating agency Teletrack with $1.8 million in fines for illegally selling credit reports to payday loan companies for marketing purposes, according to WalletPop. Teletrack has agreed to pay the fines, but insists that it acted entirely within the law. The FTC says the company violated the Fair Credit Reporting Act, which prohibits the selling of financial information such as credit histories or borrowing habits of customers or similar information for any reason other than a “permissible purpose,” according to Statesboro Business and Lifestyle Magazine. Marketing is not a permissible purpose.

Huge presence in subprime credit market

Teletrack is one of the largest subprime credit reporting agencies. It reports the credit history and activities of hundreds of thousands of people who use subprime credit products. Also known as alternative financial services, Teletrack compiles data on people who borrow payday loans, purchase furniture through rent-to-own companies, use car title loans or get an auto loan through non-prime lenders. The FCRA doesn’t prevents companies like Teletrack from providing information when asked for a credit check and paid by a second party, but selling information to third parties for non-approved purposes is grounds for an FTC lawsuit, according to Forbes.

New rules for credit scores

Until the past few years, it was fairly difficult for consumers to obtain much information about their credit history or learn about how that information is being shared with their creditors or third parties. Part of the financial reform laws of the past few years include new rules and regulations concerning credit reporting and credit scores, according to NASDAQ. The Dodd-Frank Act created the new rules last year, and the Federal Trade Commission and the Federal Reserve are implementing them this year. Now, any creditor that uses a credit score as a factor in creating the terms of a loan must tell consumers what their credit scores are.

Sources

WalletPop

Statesboro Business and Lifestyle Magazine

Forbes

Nasdaq

Once seen as seedy, pawn lenders are now more high-class. Photo Credit: Infrogmation/Wikimedia Commons/CC-BY-SA

There has been an explosion in recent years of pawn brokers and pawn lenders becoming far more high-class. As a result, there has been a surge of sympathetic media portrayals of pawn lenders and high-end brokerages, both nationally and internationally.

High-class pawn brokers more commonplace

In decades past, getting a loan from a pawn broker was seen as an act of last resort. Many considered other alternative financial services like payday loans or car title loans first. But that perception now tends to clash with the image of more high-profile pawn operations. For instance, the online pawn brokerage Pawngo has been generating buzz in the financial press, as the company was featured several weeks ago on the Forbes website. Pawngo is currently backed by Lightbank, the same company that provided funding to another online company that recently exploded in popularity, Groupon. To get a loan from Pawngo, one simply ships the property via FedEx, and gets the money once the item is received.

Pawn broking on the rise in recession

Since credit is somewhat scarce — even for the opulent — many people still need short term loans. Many American cities are starting to see a surge in the number of pawn shops, and especially those that cater to discerning clients. A recent article in the St. Petersburg Times describes pawn shops that are making larger loans for wealthier clients. One store, the Gold and Diamond Center in St. Petersburg, Fla., is the same store where former governor Charlie Crist bought a 5-carat sapphire ring with which he proposed to his wife.

Another store, Cappello & Co., typically provides pawn loans to businesses, but also makes loan against jewelry, boats and other large assets. The store recently held property including a Bentley automobile, a Picasso painting, at least one airplane, several boats and a Ferrari.

To attract the growing pawn business, the city of Mankato, Minn., recently voted to allow more pawn brokers to open up shop in the city, according to the Mankato Free Press.

Trend continues, thanks to TV

Over the past few years, there have been reality television shows such as “Pawn Stars” and “Hardcore Pawn” that have increased the notoriety of pawn lenders. “Pawn Stars” in particular featured some incredibly valuable items going through the store, and “Hardcore Pawn” recently featured a Las Vegas couple selling the show’s stars a Ford Mustang that once belonged to Lee Iaccoca, according to the MustangEvolution blog. The increase in status for pawn lenders isn’t even unique to the U.S. According to the Financial Times, a new store of the incredibly long-lived and respected pawn broker Suttons & Robertsons just opened on London’s Fleet Street, next door to Goldman Sachs.

Sources

Forbes

St. Petersburg Times

Mankato Free Press

Mustang Evolution

Financial Times

Retail stores are branching out into financial services such as check cashing to appeal to the growing number of consumers wary of banks. Image from Wikimedia Commons.

Giant retail store chains have begun branching out into the world of alternative financial services. Store chains such as Walmart, Kmart and Best Buy have started offering financial services to unbanked customers — those without bank accounts. Almost 20 percent of Americans do not have a bank account.

Alternative financial services at retail stores

Large retail chains are beginning to offer alternative financial services to customers who don’t have bank accounts, according to the Washington Post. Services such as money orders and check cashing have been available in retail stores for years, though some retailers are expanding their offerings. Walmart offers check cashing and sells prepaid debit cards in stores and is expanding by putting a financial services section called Walmart Money Center in stores. The Money Centers, which are currently in more than 1,100 stores nationwide, offer check cashing, money orders and prepaid card services in a bank or credit union-like format. The company is planning to expand the number of Walmart Money Center locations from Alabama to Arizona to Alaska, but Walmart does not appear to be planning on offering cash advances yet.

Kmart and Best Buy expand financial services

Retail chains Kmart and Best Buy are also expanding into offering financial services to customers. Kmart is offering pilot programs of check cashing, money orders and prepaid debit card services in some stores. The layaway program that Kmart re-launched at the height of the recession has also been very popular, as fewer people want to use installment loans or credit cards to make purchases anymore. Best Buy has launched a series of kiosks run by Tio Networks that customers can use as an electronic bill paying system. Instant cash is fed into the machine, which uses an electronic payment network.

The unbanked

The unbanked are people who do not have a bank account of any sort and use alternative financial service providers such as check cashing services to handle transactions. About 70 percent of the unbanked earn $30,000 per year or less and many choose not to patronize banks because of bank fees or mistrust of banks. Surveys done by Walmart indicate that one in five customers do not have a bank account.

Source

The Washington Post

Payday loans are heavily regulated in the Canadian province of Manitoba. This flies in the face of reason, as 310-LOAN's executive study indicates. (Photo: picasaweb.google.com)

Governments both large and small often take it upon themselves to decide what consumers should or shouldn’t be able to do with their own money. Call this the “nanny state” mentality if you will. Regardless, it seems that a population is somewhat less than empowered if the ability to make financial choices is taken away, replaced by rules (explicit or otherwise). Through the eyes of capitalism, if consumers are not afforded self-determination, the market flounders and the people become increasingly dependent upon their government for financial protection.

The payday loans industry has taken its lumps when it comes to regulation-happy governments. Despite well-reasoned arguments that reflect the trends, tendencies and – dare I say it – general will of the people, numerous governments have managed to push through legislation that effectively kills consumer choice and destroys the payday lending industry within the affected region. In addition to the obvious unemployment that results from such careless legislation, the consumers who demanded the payday loan product are driven to less desirable (more expensive) alternatives. There’s a reason they weren’t depending upon the traditional banking system in the first place. Just because payday lending is regulated out of states and provinces doesn’t mean all of the consumers who depending upon payday loans are acceptable risks by traditional banking industry standards.

Manitoba Allows 17 Percent APR

This rate cannot sustain a payday lending business that relies upon payday loans alone for operating profits. It’s been proven many times over. Canada’s provinces (See: http://www.google.com/hostednews/canadianpress/article/ALeqM5h3DfHGfgaUgIrJMxJEAUzZ1K5CbA) have made life difficult for businesses that offer payday loans. British Columbia has a 23 percent APR rate cap, Quebec caps rates at 35 percent and Nova Scotia allows 60 percent. Compared with Nova Scotia, it seems that Manitoba payday lending lobbyists forgot to show up for the party. I jest, of course. One 2007 study by Andrew Smyth and Nathan Slee of 310-LOAN (considered to be Canada’s largest direct payday lender) makes such a clear case that one wonders if Manitoba’s government even read it. If they had read it and still voted to go with a 17 percent APR cap, you’d wonder either what axe they have to grind or who was fronting their retreat to Aruba.

“Evidence pertaining to public hearings before the Manitoba Public Utility Board to determine maximum allowable charges and fees for payday loans“

To preface the study, the authors cite a comment by Manitoba’s Minister of Finance at the time, Greg Selinger. Selinger said that “The intention is not to drive the companies out of business, because people are showing an interest in having this service, but to make sure that when they offer the service they do it in a way that’s just and reasonable.”

What is “Just and Reasonable?”

310-LOAN, according to the authors, clearly explains their fee structure to customers before any agreements are signed. They also verify that customers are actively employed as opposed to depending upon pensions or social assistance. That is a reasonable way to treat one’s payday loan customers, it would seem. Furthermore, 310-LOAN will not accept applicants who already have more than two NSF transactions in their recent banking history or more than one outstanding payday loan with another lender. They accept applicants who can reasonably repay their payday loans. Such is a protection for both the consumer and the payday loan company. Just and reasonable care is taken that neither party is exploited.

Who Uses Payday Loans?

The study authors utilize payday loan studies from Statistics Canada (StatsCan), IpsosReid, Environics, The Public Interest Advocacy Centre (PIAC) and StratCom. When available, these findings are compared against the general Manitoban population. The data for Manitoba indicates that payday loans are used by consumers who earn a slightly below average income for the province, but these consumers are far from being the “victimized poor.”

Average Age: Neither Too Young nor Too Old

According to Environics, the average Manitoba payday loans customer is 39 years old. StatsCan puts the number at 39.5, while PIAC found the average to be 42. With these and all the following results, it should be noted (and perhaps goes without saying) that the survey audiences are not identical.

Gender Split

It’s nearly a 50/50 split according to most studies. The 2006 Census for Manitoba gave a three to four percent bump up for female payday loan customers, however.

Marital Status: Most are From Married Households

The 2006 Census found that 48 percent of payday loan customers in Manitoba were married. Environics recorded 49 percent while PIAC was significantly higher at 59 percent. For single payday loan customers, the numbers were almost identical across the board: 35 percent by the Census, 35 by Environics and 31 percent according to PIAC. Only a small sample listed themselves as separated, divorced or widowed: 17 percent in the Census, 15 percent by Environics’ count and 10 percent according to PIAC.

They Will Have Residency

Partakers of payday loans in Manitoba tend to weight more heavily toward being renters, but the RBC Home Ownership Survey used for a portion of the data indicates that a majority (61 percent) do indeed own homes. In total, renters totaled 39 (RBC), 76 (Environics) and 41 percent of the respondents. Home ownership was 61 percent according to RBC, 21 percent for Environics and 59 percent for PIAC. The variations in the Environics study are curious, but not discussed by the study authors.

Household Income: Below Average, But Not Poor

Manitoba’s payday loan portrait is decidedly middle-class according to data the study authors present. Using 2001 Census data for the province, the average income for all Manitobans was $58,360. Looking at payday loan customers, PIAC found that the average income level was $51,400 and StratCom (using stats for Toronto in the Ontario province) marked it at $53,480. Environics was considerably lower at $41,376, while StratCom (using Vancouver, British Columbia data) was $42,026.

Education Level: Educated Payday Loan Customers

Using the same sources as the previous indicator, the 2001 Census found that 23 percent of Manitobans had graduated from university, 31 percent had gone to college or vocational school and 24 percent had at least a high school diploma (leaving 23 percent under that education level). StratCom (again for Vancouver) puts those numbers at 16, 28, 44 and 12 percent, respectively. StratCom Toronto clocks in at 26, 36, 34 and a miniscule three percent (more highly educated in urban Ontario, it seems). Environics’ distribution is 21, 43, 20 and 14 percent and PIAC’s is 18, 23 52 and six percent.

Employment: Payday Loan Customers Have Steady Jobs

As stated earlier, 310-LOAN requires that their customers be gainfully employed. While this standard is not exclusive in the payday lending industry as a whole, it is a dominant requirement to which most lenders adhere. Looking first at the general population of Manitoba as surveyed by Environics, we see the following breakdown, supporting the notion that payday loans in Manitoba and beyond are taken by consumers with the ability to repay:

• Employed: 62 percent
• Unemployed: Four percent (very low by today’s standards)
• Student: Six percent
• Retired: 21 percent
• Homemaker: Four percent

The total sample of payday loan customers taken by StratCom (Vancouver and Toronto) is as follows:

• Employed: 89 percent
• Unemployed: Four percent
• Student: One percent
• Retired: Four percent
• Homemaker: One percent

For Environics in Manitoba:

• Employed: 78 percent
• Unemployed: Seven percent
• Student: Two percent
• Retired: Five percent
• Homemaker: Two percent

And finally PIAC:

• Employed: 70 percent
• Unemployed: 10 percent
• Student: Eight percent
• Retired: Seven percent
• Homemaker: Five percent

Why Does Manitoba Use Payday Loans?

Emergency cash and money to cover unexpected expenses are the main reasons given in the PIAC and Environics studies, report the 310-LOAN study authors. Environics also found that consumers use payday loans to avoid bouncing a check. For Environics:

• Necessary Emergency Cash: 36 percent
• Covering Surprise Expenses: 24 percent
• To Cover a Potential Bounced Check: 21 percent
• Short-term Income Shortage: 11 percent
• For Discretionary Purchases: Four percent
• Other: Three percent

PIAC showed similar results, but notice the differences, which are not excluded to the categories PIAC respondents didn’t even cite that did rank in the Environics study:

• Necessary Emergency Cash: 31 percent
• Covering Surprise Expenses: 34 percent
• Bounced Check: Seven percent (why it’s so much lower is unclear)
• For a Major Purchase: Five percent
• Discretionary Purchases: 16 percent (why so much higher?)

When Banks Simply Won’t Do

Speed, convenience, privacy and the ability to handle emergency financial situations were all significant indicators for payday loan customers across multiple study sources. In addition, there is some evidence that suggests some dissatisfaction with traditional banking sources. See the authors’ study for specific numbers. It should also be noted that the studies referenced lean significantly toward “very satisfied” or “somewhat satisfied” for consumer approval level with payday loans and alternative financial services.

What Does a Harsh Rate Cap Do to Payday Loans in Manitoba?

310-LOAN’s study authors attempt to illustrate this is terms of where their own business is in the product life cycle. They claim payday lending is reaching the maturity stage, where saturation in society is relatively high. “In the case of payday loans, as more lenders appear, consumers are more exposed to the product and more inclined to use it,” write the authors. The saturation tends to intensify competition, leading the market toward greater self-regulation of pricing. This competition ultimately benefits the consumer, but the competition must be allowed to reach its apex if they are to fully reap the benefits. That’s the nature of a free-market economy.

Canadian Government Thinks Competition Should Already Be Maxed

Thus, they think rates should have already reached the lowest “consumer-friendly” point. Since they consider rates to be too high (a notion that the average consumer surveyed disputes), governments impose rate caps. It kills payday lenders, but does not kill demand for payday loans.

310-LOAN finds that while payday lending has grown quickly, supply is only now starting to catch up with demand. Their support for this notion is that payday loan industry advertising spending in Manitoba has begun to exceed revenue increases only in this most recent stage in payday lending’s life cycle. Earlier findings (where the supply was lower) wouldn’t need excessive advertising in order to gain customers. Demand provided fuel for growth.

Section 347 of the Criminal Code Has Delayed Saturation

Legal woes for the payday loan industry have slowed growth. This is not to say that the product is illegal; it certainly is not. But enough roadblocks were set up by the Canadian legal system to slow payday loan industry growth. In many cases, it was even a barrier to entry for potential payday lenders. This kept many potential investors away as well.

Competition and Lower Rates: the U.S. Model

The authors cite a Federal Reserve study by Donald Morgan (“Defining and Detecting Predatory Lending“) in which the connection between more payday loan stores per capita and lower rates is made quite clear. This does not mean, as the authors comment on a 60 percent APR cap that some Manitoba lawmakers had proposed before going off the deep end at 17 percent, that such a rate would be sustainable. That’s far from the truth in their estimation. In fact, it had been widely acknowledged that 60 percent is not financially viable for payday loan companies.

“Without an agreed upon method of calculating an unconscionable rate,” write the study authors, “we suggest that the board consider the costs involved in issuing short-term, small sum loans in the market today in order to effectively set the limit on the cost of borrowing.” Using a well-known Ernst & Young study, they note the profit margins for what are considered to be Canada’s “big five” banks:

• CIBC: 23.61 percent
• BMO Bank of Montreal: 27.43 percent
• RBC Royal Bank: 23.26 percent
• Scotiabank: 32.81 percent
• TD Canada Trust: 35.51 percent
  Average: 28.52 percent

Also based upon Ernst & Young findings, the authors note that the rate for issuing a $279 payday loan is $74.08. That’s 26.55 percent for the loan issued, which compares quite favorably with the average banking profit margin above. Based upon the authors’ interpretation of data on 11 payday lenders, such a rate would allow 10 of them to “remain in the market and stimulate and immediate increase in supply and investment in the payday loan industry.”

The Risks of an Excessively Low Rate Ceiling

Allow the industry to evolve in a natural free-market setting, argue the study authors. That will enhance both product and pricing according to consumer need. Set the rates too low and lenders must slash costs wherever possible and abandon efforts to meet consumer need. For instance, allowing for installment loans has proven to be popular with consumers in many locations, but the cost associated would be impossible to swallow for lenders if rates are cut to the proverbial quick. For consumers, there is anecdotal evidence that the convenience of installment loans would outweigh having the least expensive loan possible under law.

Life Dictates Debt, Not Payday Lenders

Situations like job loss, illness and family or other personal difficulties tend to have the greatest impact upon a consumer’s ability to repay short term credit such as payday loans. Yet the Manitoba government (or any government) wants the public to believe that it is the rates of supposedly predatory lenders that cause the problem. Thus, they see rate caps as the only answer. Consumers and even economists do not tend to share such views. Interest rate caps to not solve personal and societal issues; they merely restrict the free market and tend to add trouble rather than subtract it.

Pursuit of alternative financial services like payday loans is sometimes necessary. But do the costs break the budget? (Photo: flickr.com)

There are numerous entries in the volumes of study on payday loans which suggest that low- to middle-income (LMI) families are the most frequent users of the product. Where access to credit and liquid assets are limited – particularly in areas that are not well-served by the traditional banking industry – the need for short term credit is greatest. Yet payday loan industry critics continue to produce statistics which they claim are evidence that too much of LMI families’ income is being eaten up by the allegedly excessive fees that payday lending outlets charge for their services.

Not According to this University of Michigan/Federal Reserve Study

In an August 2009 paper entitled “And Banking for All?” by Michael Barr and Benjamin Keys of the University of Michigan and Jane Dokko of the Federal Reserve Board, we see the expense for alternative financial services like payday loans expressed in very different terms for LMI families. Contrary to your average slapdash media expose, their well-researched study found (using the Detroit area as a sample) that “for the vast majority of households, annual outlays on financial services for transactional and credit products are relatively small, around one percent of annual income.” Payday loans and similar alternative financial services make up only a fraction of that, as we’ll see.

The Nature of the Study

The authors derive their data from the Detroit Area Household Financial Services (DAHFS) study. The survey takes into account which alternative and mainstream financial services LMI households tend to use. Respondent demographics, socioeconomic patterns and full access to balance sheet information helped the authors to piece together an interesting portrait of nearly 1,000 Detroit LMI households. Mainstream financial sector fees like annual bank account fees, check fees, NSF fees, bank overdraft charges and annual credit card fees are significant, while alternative financial service costs like money orders, check cashing, payday loans and others are somewhat less so.

Banked vs. Underbanked (or Unbanked)

The authors found that LMI households with access to bank accounts were more financially active and had access to more forms of credit than those households with little or no traditional banking usage. In short, the banked households tended to spend more. Underbanked LMI households displayed less willingness to access credit, but their status did not entirely preclude them from mainstream bank services. Furthermore, the state of being unbanked was shown to be a far from permanent condition. Expanding bank policies which strive to extend services to the “invisible minority,” would account for this.

Who Chooses Payday Loans?

“The alternative financial services sector plays a significant role in the provision of financial services to LMI households,” write the authors. According to Federal Reserve studies like those conducted by Brian Bucks et al in 2006, 25 percent of such households nationwide tend to be unbanked. This creates the need for such products as payday loans and check cashing services to fill the gaps that traditional forms of credit might be used.

Do Payday Loans Burden Them Unnecessarily?

That is a widely held view, but the authors’ findings suggest that convenient, easy-to-use payday loans have a negative financial impact on only “a small fraction” of LMI households. On average, LMI households (banked and unbanked) have been shown nationally to pay between $400 and $600 on payday loans yearly, which only amounts to two to three percent of annual income. For the Detroit area, the median was much lower, ranging from $41 to $98 for various credit services.

Time and distance costs for LMI households to use alternative financial services were observed to be somewhat more significant. In most cases this appeared to be the time and cost of transportation to get to brick-and-mortar payday loan and checking cashing outlets. However, I would suggest that if more consumers were aware of online payday loan services like those found at PersonalMoneyStore.com, time and transport costs would be greatly reduced or cut to nothing, so long as a home Internet connection is available.

Conservative Spending

LMI households necessarily displayed low level spending in the study. Mainstream financial service usage was low, as was alternative service usage (like payday loans). Being banked and having access to direct deposit – both of which are generally necessary in order to receive payday loans – are two areas in which LMI Detroit households surveyed were behind national averages. What this means, of course, is that widespread abuse of payday loan products would be impossible, as the possessing both of the above criteria is generally required.

Staving Off Food Shortages and Eviction

These were two categories where use of payday loans were reported among LMI households in Detroit, which would appear to indicate that such credit is relied upon in emergency situations (rather than in superfluous spending, as the media would have people believe). Access to more credit options (following a transition into the traditional financial services sector) would perhaps assist such consumers in dealing with financial issues, but the fact remains that most traditional banks simply do not have programs for which LMI households can qualify, whether it is because their credit rating is insufficient or the entry cost is too great.

Payday Loans and Fees: a Minute Percentage of Annual Income

While it is true that LMI households may curtail spending due to their relative lack of financial means, the observed debt load from payday loans and similar products didn’t prove to be excessive when they were used. Some financial institutions are rushing to catch up with payday lenders by offering similar products, but since they draw so much of their operating income from more expensive services like overdraft protection, there is little incentive to face risk and greater loss potential that goes with payday lending.

Savings is Important

The savings factor is not included in the authors’ analysis, but they do mention that consumers who face credit restrictions and income shocks that threaten to destroy their budget could certainly benefit from such education. Sadly, such things as how to budget and maintain savings for a rainy day is still something that the American public school system tends to gloss over. Basic financial literacy is something everyone should be aware of, which is why a great deal of institutional reform is needed. To their credit, many payday loan outlets and traditional banks offer information on financial education, but the ideal time to learn is during childhood.

Why So Many Unbanked?

Recall earlier that I mentioned that payday loans aren’t terribly lucrative for banks, to the point that things like overdraft protection are more interesting for them. It is true that the costs of collecting small deposits are high in relation to potential earnings. The only way to make up for that on the institutional level is to charge a higher fee. Unfortunately, such fees even apply to maintaining bank accounts, particularly for LMI customers who banks might consider to be of greater risk. The fees make having a bank account less attractive to some of the more challenged LMI households. Costs for transactions, not maintaining a minimum balance and overdrafts are often excessive. And if a household has had difficulty maintaining a bank account in the past, systems like ChexSystems let banks know. It would appear that the traditional banking system itself is designed to oppose the entry of many LMI households.

Is it Any Wonder that Payday Loans are Popular?

They are popular, indeed. And the authors’ findings regarding payday loan fees in relation to total annual income clearly indicate that they are not an excessive burden. There is a need that payday loans fill. The aftermath for most borrowers is far from catastrophic. Only the slim catastrophically impacted minority make for juicy news, I suppose.