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Several states have specific laws that regulate the lending industry. Known as “usury laws,” these regulations define permissible lending terms and rates. Some states also have laws that regulate the amount a payday lender can lend to consumers and how much they can charge for the loan. Other states like New York ban payday lending outright. These laws vary widely. Payday lenders often work around these regulations by partnering with banks based in other states, such as Delaware. It is important to read the fine print on the payday loan offer and understand your consumer rights.
If you already have existing credit card debt and you’re in need of emergency funds, but you have average to good credit, consider the Discover it® Balance Transfer card. The card offers an extended, 18-month window for you to transfer and pay off existing debt. And cardholders even enjoy 0% intro APR period for their first six months on purchases. (After both introductory periods end, ongoing APR is 13.99% – 24.99% variable.)
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In May 2008, the debt charity Credit Action made a complaint to the United Kingdom Office of Fair Trading (OFT) that payday lenders were placing advertising which violated advertising regulations on the social network website Facebook. The main complaint was that the APR was either not displayed at all or not displayed prominently enough, which is clearly required by UK advertising standards.
Debt settlement programs are generally set up by for-profit organizations, which negotiate with creditors on your behalf to pay a “settlement.” This settlement consists of a lump sum of money that is less than the full amount owed. Debt settlement programs require you dedicate a certain amount of money each month to paying into the settlement, until the full amount is reached.
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In the traditional retail model, borrowers visit a payday lending store and secure a small cash loan, with payment due in full at the borrower's next paycheck. The borrower writes a postdated check to the lender in the full amount of the loan plus fees. On the maturity date, the borrower is expected to return to the store to repay the loan in person. If the borrower does not repay the loan in person, the lender may redeem the check. If the account is short on funds to cover the check, the borrower may now face a bounced check fee from their bank in addition to the costs of the loan, and the loan may incur additional fees or an increased interest rate (or both) as a result of the failure to pay.
According to a study by The Pew Charitable Trusts, "Most payday loan borrowers [in the United States] are white, female, and are 25 to 44 years old. However, after controlling for other characteristics, there are five groups that have higher odds of having used a payday loan: those without a four-year college degree; home renters; African Americans; those earning below $40,000 annually; and those who are separated or divorced." Most borrowers use payday loans to cover ordinary living expenses over the course of months, not unexpected emergencies over the course of weeks. The average borrower is indebted about five months of the year.
Nobody wants to resort to this option, but sometimes it’s the only way to get out from under this kind of debt. There is a myth out there that you can’t include payday loans in a bankruptcy. However, that is not the case: “For the most part, payday loans aren’t treated any differently in bankruptcy than any other unsecured loan,” writes attorney Dana Wilkinson on the Bankruptcy Law Network blog.
In many cases, borrowers write a post-dated check (check with a future date) to the lender; if the borrowers don't have enough money in their account by the check's date, their check will bounce. In Texas, payday lenders are prohibited from suing a borrower for theft if the check is post-dated. One payday lender in the state instead gets their customers to write checks dated for the day the loan is given. Customers borrow money because they don't have any, so the lender accepts the check knowing that it would bounce on the check's date. If the borrower fails to pay on the due date, the lender sues the borrower for writing a hot check.
There’s always a big debate about which type of bad credit loan is best and it always boils down to signature loans vs payday loans. Allow us to set the record straight once and for all to definitively say that signature loans are better than payday loans and given the option, you should always choose a signature loan. Even shopping around for an online payday loan won’t find you a better deal. You can take us at our word, which is backed up by 20+ years of experience in the lending industry, but let us prove why our online signature loans are better.
Though regulated at the state and federal level, there are still payday lenders that attempt to skirt the rules. Some are online-only lenders based in other countries. Other lenders work around state laws by operating out of Native American reservations. Be wary of brokers that offer to connect you with lending partners – this can result in a lot of calls and emails about offers.