Several states have passed legislation, which regulate or completely outlaw payday loans. These types of predatory loans often charge triple-digit interest rates and tend to be a last resort for the poor and extremely desperate consumer. The business of lending to the low-income is a lucrative one and lenders continue to find loopholes.
Below are just five ways lenders have dodged current legislation:
1.) Disguising themselves as “other kinds” of lenders. Many payday lenders have become licensed as mortgage lenders, which operate under different rules and allow them to continue what they are doing.
2.) Altering the definition of “payday lending.” In 2006, Congress passed the Military Lending Act, which in part forbids lenders from charging active military households more than 36 percent interest on short-term loans. That provision has been something of a failure, according to the Consumer Financial Protection Bureau. The problem lies in the definition of a short-term loan. For example, the law regulates payday loans of 91 days or shorter; to evade this law, many lenders are offering loans just slightly longer than 91 days.
3.) Issuing simultaneous loans. Payday lenders are splitting up big loans into small, concurrent loan. For example, in Mississippi, two-week loans cannot exceed $250. Instead, lenders are giving four $100 loans at the same time. Whereas it is illegal to make a $400 loan due in only two weeks, the four $100 loans is perfectly legal.
4.) Referring to themselves as loan middlemen. Many payday lenders have registered themselves as “credit repair organizations.” These groups operate as middlemen, connecting customers to law-abiding loans from third-party lenders. So how do they make their money? By tacking their own fees on top of each transaction.
5.) Using Indian tribes to evade the law. Some payday lenders are partnering with Indian tribes to exempt themselves from local lending laws. These lenders tend to operate online, which allow them to offer their services nationwide- including states where payday lending has been banned.
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