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

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Are State Interest-Rate Caps an Automatic Win for Borrowers?
Here's how the environment for small-dollar loans is changed in the event that a state adopts rates caps and what alternatives are available to consumers.


Last updated on July 12, 2021.

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Small-dollar, short-term lenders unburdened by federal maximum interest rates are able to charge borrowers rates of up to 400% or higher for loans.
But more states are bringing this number down through setting rates caps to limit the high-interest lending. There are currently laws that limit to short-term loan interest rates at 36% or lower according to the Center for Responsible Lending. Other states are weighing similar legislation.
"This legislative session, we've witnessed an increase and renewed interest in the issue of limiting interest rates and limiting the harms associated with payday loans," says Lisa Stifler, director of state policy for the CRL.
The opponents of rate-caps argue that when a state caps interest lenders cannot operate profitably, and consumers with limited options lose their last resort. Advocates for consumers say that caps free consumers from predatory lending models.
What happens when a state limits interest rates, and what options consumers have for smaller-dollar loans.
Legislation addresses APR
In order to deter high-interest lending and to protect consumers from lenders who offer predatory loans Legislation addresses the somewhat complicated and distinctly unattractive .
APR is an interest rate in addition to any fees charged by a lender. A $300 loan that is repaid over two weeks, with the payment of $45 would be 391% APR. A similar loan that has an interest rate reduced by 36% will result in a roughly $4.25 fee and a lot less profit from the lending institution.
APR isn't a good way to evaluate the cost of a smaller 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 much bigger and more dramatic than what the consumer thinks is the value of this loan," he says.
Duke suggests that consumers use the actual fee to assess a loan's affordability.
But what the fee doesn't reveal is the expensive, long-term debt cycle many borrower end up in, Stifler says.
Over 80percent of payday loans are taken out within two weeks of repaying the previous payday loan, according to the Consumer Financial Protection Bureau.
"The business model for payday loans and the industry is based on repeat taking out loans," Stifler says. "It is an item that creates the debt trap which removes people from banking."
In states that prohibit interest rates above 36% or otherwise ban payday lending, there's payday lenders that are not located in stores according to the Pew Charitable Trusts.
Consumers can choose from a variety of alternatives
Some high-interest loans like pawn loans are likely to remain even when a rate cap is put in place, Duke says, but limiting consumers' options could cause them to not make the payment of bills or incur late fees.
Illinois State Sen. Jacqueline Collins, D-Chicago who was a key co-sponsor on the consumer loan rate limit in Illinois which was signed by the state legislature in march, says she hopes it will end the naiveté of payday loans and other high-interest loans and will give Illinois' residents a better understanding of .
Credit unions, like they can provide small loans. Although credit scores are considered when filling out a loan application, a credit union often has a history with a borrower and can determine their capacity to pay back the loan using other information. This could make it easier to qualify for the loan .
If you are a consumer who are struggling to pay their bills, Stifler suggests reaching out to the service providers and creditors for extensions to payments. She suggests that consumers contact credit counseling organizations that can provide free or minimal financial aid or religious institutions, which can help provide food, clothing and assistance with transport to an interview.
Exodus Lending is a Minnesota nonprofit that advocates for fair lending regulations and refinances high-interest loans with loans that are interest-free.
Many people who come to Exodus for assistance say they chose an interest-only loan because they were too embarrassed to ask a family member or friend for help, says Executive Director Sara Nelson-Pallmeyer. If Minnesota limits interest rates on short-term, small loans -- something a bill put on hold by the legislature aims to achieve She says she's not concerned about how the public will be affected.
"They're going to do the same things is common in states where they're not allowed," she says. "Borrow from those you care about, ask the for more time, work a second job, make a sale of your plasma -- these are the kinds of things people do when they don't need to go to payday lenders, which is most people."
The article was written by NerdWallet and first printed through The Associated Press.


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







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