วันจันทร์ที่ 8 กรกฎาคม พ.ศ. 2556

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Payday Loan Industry Regulation And Legislation

A number of states from coast to coast are attempting to impose further regulations on the payday loan industry, but without much success in many cases. Consumers of payday loans have generally argued against more stringent measures and limitations, that would limit their access to payday loans. And, in the meantime, the payday loan industry continues to grow, both in the numbers of loans issued and the dollar amounts of loans issued.

In Washington State, there were no less than 14 bills introduced during the 2004-2005 legislative session, with the specific intent of more tightly regulating the payday loan industry. Nine of the most aggressive proposals stalled in committee. If passed, these bills would have lowered payday loan interest rates and decreased the maximum amounts that a borrower could access.

Even more heavily opposed was a proposal to establish a statewide database of payday loans, giving both the industry and the state a way of looking at how many payday loans a borrower already had when he or she applied for another. This measure was designed to prevent borrowers from seeking loans from multiple lenders. Some analysts viewed the proposal as a potentially dangerous intrusion into people’s personal finances. The payday loan industry contended that cutting interest rates and putting a lower cap on loan amounts would significantly damage their business.

Most of the regulations proposed in Washington were stalled in legislative committees and never reached the floor of the legislature.

A bill passed two years ago in Washington already provided a number of consumer protections. The state requires, for example, that borrowers have the right to cancel a loan within one business day. A borrower ‘payment plan’ was also made mandatory, requiring that once a borrower has received four loans from the same lender, he or she is allowed to work out a repayment plan over at least 60 days.

The State of Oregon has also been embroiled in a payday loan controversy including attempts to restrict an industry that is largely unregulated in that state. A bill proposed during the 2004-2005 legislative session would have imposed mandatory 31 day loan periods, effectively eliminating the practice of rollovers.

More than 1500 clients of just one payday lender wrote urging the Oregon legislature not to pass the proposed restrictions. In general, those individuals said they valued being able to access short term loans quickly and easily, without having to depend on the good will of family or friends when they ran into an emergency cash flow situation. They also indicated that they did not consider the interest rates unfair.


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