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Are State Interest-Rate Caps an Automatic Win for Borrowers?

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Are State Interest-Rate Caps an Automatic Benefit for Borrowers?
Here's how the landscape for small-dollar loans changes when a state implements rates caps and what alternatives are available to customers.


Last updated on July 12 2021.

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Small-dollar, short-term lenders, unburdened by federal maximum interest rates they can charge borrowers interest rates of up to 400% or more for their loans.
More states are trying to bring this number down through setting rates caps to limit high-interest lending. At present, there are laws that restrict the short-term loan rates to 36% or lower, according to the Center for Responsible Lending. Other states are weighing similar laws.
"This legislative session we've seen an increase in interest of interest and renewed focus on limiting the impact of interest rates, and limiting the harmful effects associated with payday loans," says Lisa Stifler, director of state policy for the CRL.
If the state caps interest rates lenders cannot operate profitably, and consumers with already limited options are left with no recourse. Advocates for consumers say that caps free consumers from lending schemes that are predatory.
Here's what happens when a state caps interest rates and what options consumers have for smaller-dollar loans.
Legislation addresses APR
To discourage high-interest lenders and to protect consumers from predatory loans The law targets the somewhat complex and decidedly unsexy .
APR is an interest rate, plus any fees a lender charges. A $300 loan repaid in two weeks and with the payment of $45 would be 391% APR. The same loan with an APR reduced by 36% will result in an approximate $4.25 fee -- and much less revenue to the loaner.
APR isn't a good method to assess the value of a small loan according to Andrew Duke, executive director of the Online Lenders Alliance, which is a group of online lenders with short-term terms.
"The amount appears quite a bit higher and more dramatic than what the consumer believes to be the price for that loan," he says.
Duke suggests that consumers utilize the actual fee to assess a loan's affordability.
However, what the fee does not reveal is the expensive, long-term debt cycle that a lot of borrowers end up in, Stifler says.
More than 80% in payday loans are taken out within two weeks of the time it takes to repay a previous payday loan, according to the Consumer Financial Protection Bureau.
"The business model for payday loans and the industry is based on repeated credit," Stifler says. "It is a product that causes an unsustainable debt cycle that pushes people out of banking."
In states that don't allow interest rates above 36% or ban payday loans, there are no payday lenders in storefronts as per the Pew Charitable Trusts.
Consumers also have other choices
Some high-interest loans such as pawn loans, may remain after a rate cap is implemented, Duke says, but limiting consumers' options could cause them to not make bill payments or incur late fees.
Illinois State Senator. Jacqueline Collins, D-Chicago who was a key co-sponsor of the consumer loan rates cap for Illinois that was signed to law on March believes that the new law will end the naiveté of payday loans and other high-interest loans and provide the state's residents a clearer view of .
Credit unions, like they can provide small loans. While credit scores are considered on the loan application however, a credit union usually has a history with a borrower and can evaluate their ability to pay back the loan with other information. This can make it easier to be eligible for a .
If you're struggling to pay bills, Stifler suggests reaching out to creditors and service providers for an extension of payment. She suggests that consumers contact credit counseling services that can provide free or minimal financial aid or religious organizations that offer clothing, food and even help with transport to an interview.
Exodus Lending is a Minnesota nonprofit that advocates for fair lending laws and refinances residents' high-interest loans with interest-free ones.
A lot of people who visit Exodus for assistance say they took out the high-interest loan because they were too embarrassed to ask a friend or family member for help, says Exodus' Executive Director, Sara Nelson-Pallmeyer. If Minnesota sets a limit on interest rates for short-term, small loans -- something the bill currently put on hold by the legislature is aiming to do -- she isn't concerned about the impact on consumers.
"They're likely to do the things people do in states where payday lenders aren't permitted," she says. "Borrow from those you care about, ask to work more, work an additional job, sell your plasma -- just those things that people who don't have access into payday lending, which is the majority of people."
The post was written by NerdWallet and was first published in The Associated Press.


About the writer: Annie Millerbernd is an individual loans writer. Her writing has been featured on The Associated Press and USA Today.







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