The people of Kentucky still have the freedom to choose payday loans if the product suits them. (Photo Credit: CC BY-ND/EPSCOR)

The recent failure of House Bill 182 in the Kentucky House Banking and Insurance Committee – a bill that would have capped payday loan rates at 36 percent APR, effectively killing the industry in the state – is a sign that the will of the people still means something, suggests Kentucky Community Financial Services Association of America spokesman Kevin Borland. In an op-ed piece for the Lexington Herald-Leader, Borland reminds us that consumers prefer choice, and freedom of choice is a factor in the current battle over the short term loans industry.

Victory against House Bill 182 – for now

While free market capitalism carried the day in a close 13-10 vote against Kentucky House Bill 182, opponents of payday loans insist that they will regroup and re-introduce the same bill in 2012. Such stubbornness illustrates how much Kentucky activists misunderstand payday loans, writes Borland. State law prohibits payday lenders from charging interest. In Kentucky, the product is categorized as a single-payment, fee-based product.

Borland suggests that the opposition’s use of APR as a yardstick is “an attempt to trick legislators and the public” into thinking that short term loan pricing is exorbitant. In reality, a flat fee of $15 to $25 per $100 loaned on a typical two-week payday loan is a 15 to 25 percent fee, depending upon the lender.

Having the CLOUT to be hypocritical

The Citizens of Louisville Organized and United Together (CLOUT) and the Kentucky Coalition for Responsible Lending (KCRL) supported House Bill 182, as did the AARP. Interestingly, CLOUT and the KCRL are heavily funded by banks and credit unions that compete in the short term loans market. While there’s nothing wrong with healthy competition in a free market economy, it’s another matter entirely when CLOUT and KCRL attack payday lenders while accepting money from their competitors. At the very least, a disclaimer about a lack of impartiality should fly front and center, says Borland.

AARP competes directly with payday loans through its own credit card through Chase Financial. These allow AARP members to obtain cash advances, which Borland says bears a high interest rate.

Consumers make the best financial choice for their situations

While payday loans may not be ideal for every financial scenario, they can be the least expensive option available, particularly among credit constrained consumers. Borland believes that CLOUT, KCRL and AARP would do better to find alternatives if they think short term loans are harmful. The fact that those organizations do not do so may suggest that the attacks are all bark and no bite.

Sources

CLOUT funding

KCRL coalition membership

Lexington Herald-Leader

The CFSA encourages responsible lending and borrowing

An extended payment plan can be the key to avoiding payday loan default. (Photo Credit: CC BY/MoneyBlogNewz/Flickr)

Despite planning and the best of intentions, sometimes people find themselves unable to repay their payday loans when they come due. That’s why payday lenders that are members of the Community Financial Services Association of America (CFSA) offer an Extended Payment Plan (EPP). These types of installment loans enable consumers to repay their loans over a period of additional weeks regardless of the reason for default and free of additional charges.

EPP provisions vary by state and lender

Depending upon the state in which payday loans originate and whether the lender is a CFSA member, the stipulations of an Extended Payment Plan will vary. In the event that the laws of that state already provide for an EPP for consumers who get behind on their payday loans, state laws take precedence. CFSA members offer the service as an aid to consumers in states where a specific law does not already exist. CFSA-member extended payment plans generally allow consumers to repay their installment loans in four equal payments over the next four paydays, says eHow Money. If a borrower misses one of the four EPP payments, additional fees may apply.

How to request an EPP from CFSA-member lenders

• Make sure the lender is a CFSA member. The CFSA’s blue oval logo should be on display in the payday lender’s office or on the website. Even if the lender is not a CFSA member, it may offer its own extended payment plan. Ask for details.
• Contact the lender before close of business on the due date. If you’re going to run into trouble repaying your payday loans, contact your lender before close of business on the day before your loan is due. Go to the lending office or contact the lender online. Ask for an extended payment plan. You’ll then need to sign an agreement form that will specify the additional due dates. Read the extended payment plan carefully before signing.

If the lender is a CFSA member and you haven’t used an EPP in the past 12 months, but the lender refuses to offer you an EPP to help you avoid default, you can file a complaint. Contact the CFSA during Eastern time business hours at 888-572-9329 (fax 703-684-1219) or cfsa@multistate.com. Alternatively, contact the CFSA by mail at 515 King St., Suite 300, Alexandria, Va., 22314.

Sources

CFSA Consumer Complaint Form

CFSA: What is an Extended Payment Plan?

eHow Money

The Community Financial Services Association of America stands united against unscrupulous debt collection practices. (Photo Credit: CC BY-ND/LULAC National Convention)

The Community Financial Services Association of America (CFSA), a national organization dedicated to the promotion of responsible regulation of the personal loans industry, has issued a press release that denounces aggressive debt collection practices that violate consumer rights, reports the Wall Street Journal. According to the newspaper, more than 5,000 arrest warrants were issued against defaulted borrowers last year in more than a third of U.S. states. The CFSA is lobbying to eliminate this legal practice as used by rogue debt collectors, which the organization considers an affront to consumers in dire financial straits.

The industry stands up for same day loan customers

CFSA board chair D. Lynn DeVault envisions a U.S. same day loans industry that will stand together to put unscrupulous debt collectors out of business.

“It is simply wrong to pursue criminal complaints against consumers who have defaulted on personal debt,” said DeVault. “Lenders should be working with their customers to figure out a solution. Our members offer borrowers an extended payment plan at no extra cost to the borrower and adhere to CFSA Best Practices, which prohibit any criminal recourse.”

A key provision of the CFSA’s Best Practices is that no member personal loans company will threaten borrowers or pursue criminal action against them in relation to a customer’s check or account going unpaid.

“We stand ready to work with regulators and policymakers to block rogue lenders and debt collectors from pursuing criminal complaints,” said DeVault.

Washington State House bill requires debt collectors to provide proof

In early March, the Washington state House of Representatives unanimously passed a bill that would require debt collectors to provide indisputable proof that a borrower has been notified of a potential lawsuit before an arrest warrant can be issued. The bill is expected to pass the state Senate and meet the approval of Gov. Christine Gregoire. A trade group representing debt collectors has also come out in support of the legislation in light of the fact that some rogue debt collectors have abused existing laws.

Nationally, the Federal Trade Commission is currently investigating aggressive debt collection practices.

Sources

BusinessWire

Community Financial Services Association of America

Wall Street Journal

A word from CFSA President Darrin Andersen