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Are the State Interest Rate Caps an automatic win for Borrowers?

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Are the State Interest Rate Caps an automatic Benefit for Borrowers?
Here's how the landscape for small-dollar loans is changed when states implement rates caps and what options remain for consumers.


Last updated on Jul 12, 2021

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Small-dollar, short-term lenders, unburdened by a federal maximum interest rate they can charge borrowers interest rates of up to 400% greater for loans.
However, more states are working to bring this number down through setting rates caps to limit high-interest lending. Currently, , have laws that limit to short-term loan rate to 36% or less according to the Center for Responsible Lending. Other states are considering similar legislation.
"This legislative session, we've witnessed an increase in interest as well as renewed enthusiasm for limiting the impact of interest rates, and limiting the harmful effects caused by payday loans," says Lisa Stifler, director of state policy for the CRL.
If a state caps interest lenders cannot make money, and the consumers with limited options are left with no recourse. Advocates for consumers say that caps free borrowers from lending schemes that are predatory.
Here's what happens when a state limits interest rates, and what options consumers have for smaller-dollar loans.
Legislation targets APR
To deter high-interest lenders and safeguard consumers from lenders who offer predatory loans The law addresses the somewhat complicated and distinctly unattractive .
APR is an interest rate in addition to any fees a lender charges. A $300 loan that is repaid over two weeks and with an additional fee of $45 would result in 391% APR. A similar loan that has an interest rate reduced to 36% would result in a roughly $4.25 cost -- and significantly less revenue from the lending institution.
APR isn't the best method to assess the value of a small loan, says Andrew Duke, executive director of the Online Lenders Alliance, which represents short-term online lenders.
"The number ends up looking a lot larger and more dramatic than what the consumer perceives to be the cost of this loan," he says.
Duke advises that customers should utilize the actual fee to assess a loan's affordability.
However, what the fee does not show is the costly, long-term debt cycle many people who borrow get into, Stifler says.
Over 90% of 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 built on repeat credit," Stifler says. "It is a product that causes an unsustainable debt cycle that pushes people out of the financial system."
States that do not allow rates of interest above 36% or prohibit payday lending, there are no payday lenders in storefronts as per the Pew Charitable Trusts.
Consumers have other options
Certain high-interest loans such as Pawn loans could remain even until a rate cap has been introduced, Duke says, but limiting consumers' options may force them to skip the payment of bills or incur charges for late payment.
Illinois State Senator. Jacqueline Collins, D-Chicago who was the chief co-sponsor of the new consumer loan rate cap in Illinois which was signed into law in March believes that this law can end the distraction of payday and other high-interest loans and will give Illinois' residents a more clear picture of .
Credit unions, for example are able to offer small loans. Although credit scores are considered when filling out the loan application but a credit union typically has a previous relationship with a borrower and can assess their ability to repay the loan with other information. This makes it easier to qualify for a .
For consumers having trouble paying their bills Stifler suggests reaching out to the service providers and creditors for a payment extension. She suggests consumers seek out credit counseling organizations which may offer no-cost or minimal financial aid or religious groups that can provide clothing, food and even help in getting to an interview.
Exodus Lending is a Minnesota non-profit that works to promote fair lending laws . It also refinances residents' high-interest loans with interest-free ones.
Many people who come to Exodus to seek help claim they have opted for a high-interest loan due to the fact that they felt 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, low-cost loans -- something the bill currently that is currently in the legislature is aiming to do -- she isn't concerned about how consumers will fare.
"They're going to do the same things is common in states where payday lenders aren't allowed," she says. "Borrow from those who you value, ask for more hours, take on another job, or make a sale of your plasma -- just the kinds of things people who don't have access for payday loans, which is the majority of people."
This piece was written by NerdWallet and first published by The Associated Press.


About the author: Annie Millerbernd is a personal loans writer. Her work has appeared in The Associated Press and USA Today.







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