In US law, a payday lender can use only the same industry standard collection practices used to collect other debts, specifically standards listed under the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from using abusive, unfair, and deceptive practices to collect from debtors. Such practices include calling before 8 o'clock in the morning or after 9 o'clock at night, or calling debtors at work.
Gerri Detweiler focuses on helping people understand their credit and debt, and writes about those issues, as well as financial legislation, budgeting, debt recovery and savings strategies. She is also the co-author of Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights, and Reduce Stress: Real-Life Solutions for Solving Your Credit Crisis as well as host of TalkCreditRadio.com.
Payday loans are unsecured personal loans targeted at people who need money fast but don’t possess the type of credit or collateral required for a more traditional loan. Usually the only requirements to qualify for a payday loan are an active bank account and a job. Companies like MaxLend, RISE Credit, and CashMax have made an art out of providing high-interest loans to people who feel desperate and out of options.
The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. You will be asked to provide your name, address, date of birth, and other information that will allow us to identify you. You may also be asked to provide documentation as proof of identification. Approval is contingent upon successfully passing this mandatory identification confirmation.
A bad credit personal loan is a type of personal loan that is marketed to people with bad credit. People normally get bad credit personal loans for debt consolidation, to pay off unexpected expenses, make a large purchase, or to fix a home or car. Bad credit usually is a FICO score below 640. FICO is the main scoring system for consumer credit, with credit score ranges defined as:
Payday lenders have made effective use of the sovereign status of Native American reservations, often forming partnerships with members of a tribe to offer loans over the Internet which evade state law. However, the Federal Trade Commission has begun the aggressively monitor these lenders as well. While some tribal lenders are operated by Native Americans, there is also evidence many are simply a creation of so-called "rent-a-tribe" schemes, where a non-Native company sets up operations on tribal land.
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However, despite the tendency to characterize payday loan default rates as high, several researchers have noted that this is an artifact of the normal short term of the payday product, and that during the term of loans with longer periods there are frequently points where the borrower is in default and then becomes current again. Actual charge offs are no more frequent than with traditional forms of credit, as the majority of payday loans are rolled over into new loans repeatedly without any payment applied to the original principal.
Nobody likes being in debt, but it’s even worse when it seems like there’s no way out. Twelve million Americans turn to payday loans every year, spending $9 billion on loan fees, according to a recent report by the Pew Charitable Trusts, because few of these loans are paid off by their due date. In fact, the Consumer Financial Protection Bureau notes more than 60% of borrowers end up trapped in payday loan debt, rolling over the loan so many times that they end up paying more in fees than their initial loan amount.
A recent law journal note summarized the justifications for regulating payday lending. The summary notes that while it is difficult to quantify the impact on specific consumers, there are external parties who are clearly affected by the decision of a borrower to get a payday loan. Most directly impacted are the holders of other low interest debt from the same borrower, which now is less likely to be paid off since the limited income is first used to pay the fee associated with the payday loan. The external costs of this product can be expanded to include the businesses that are not patronized by the cash-strapped payday customer to the children and family who are left with fewer resources than before the loan. The external costs alone, forced on people given no choice in the matter, may be enough justification for stronger regulation even assuming that the borrower him or herself understood the full implications of the decision to seek a payday loan.
A 2009 study by University of Chicago Booth School of Business Professor Adair Morse found that in natural disaster areas where payday loans were readily available consumers fared better than those in disaster zones where payday lending was not present. Not only were fewer foreclosures recorded, but such categories as birth rate were not affected adversely by comparison. Moreover, Morse's study found that fewer people in areas served by payday lenders were treated for drug and alcohol addiction.
You can’t always predict when an emergency will occur, but you can prepare for it. Ideally, you should keep enough money to cover your household expenses for two months or more in a savings account. If that goal is too high, aim to save at least the amount of one paycheck. It is also a good idea to have a few credit cards available for unexpected costs.
One of the most appealing aspects of payday loans is that they do not perform credit checks. The loans are meant to be short-term, so the loan terms often dictate that you repay with your next paycheck. You can ask for an extension, but additional fees will be added. This will increase the amount that you owe the lender and if you are still unable to pay your loan off upon your next due date then the cycle goes on.
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