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Payday loans, also known as cash advance loans or deferred deposit loans, are short-term loans designed to provide quick access to funds, often at very high interest rates. While they might seem like a fast solution for immediate cash flow problems, they are one of the most expensive forms of credit available. In Washington state, specific regulations govern these loans, but borrowers should be aware of the significant risks involved before considering them.
What Are Payday Loans and Why Are They Risky?
Payday loans are typically small, unsecured loans that borrowers promise to repay on their next payday. They are often marketed as a temporary fix for unexpected expenses, but their structure can easily lead to a cycle of debt. Lenders often require proof of income and access to your bank account, and approval can be quick, sometimes in under 30 minutes, with minimal credit checks.
This ease of access can be a double-edged sword. While it offers immediate relief, the high cost can trap borrowers, particularly those with low incomes or limited alternative credit options. Many borrowers find themselves unable to repay the loan on time, leading them to extend or "roll over" the loan multiple times. Each rollover incurs additional fees and interest, quickly making the total repayment amount far exceed the original principal.
For example, historically, a $100 loan for a 14-day period might require a post-dated check for $115. This translates to an annual percentage rate (APR) of approximately 391%. If a borrower extended this loan just three times, they could end up paying $60 in interest for the original $100 loan. In one reported case, a person who borrowed $200 to repair a car ended up paying $50 biweekly, totaling $500, but still owed the original $200 due to extensions. Another individual reportedly paid $19,500 in interest alone on a series of small loans over several years.
How Has Washington State Regulated Payday Loans?
Washington State has implemented regulations to oversee the payday loan industry and protect consumers. While laws have been updated since then, a significant bill passed in April 2003 established a comprehensive statutory scheme for check cashers and sellers. Under that bill, key provisions included:
- The maximum loan term was 45 days. Loans could be extended, but no additional fees or interest were permitted for the extension.
- The maximum balance a borrower could owe a single lender on one or more loans was $700.
- Interest rates were capped at 15% for loan amounts below $500. For any portion of a loan exceeding $500, a 10% interest rate was charged.
- Only one post-dated check was allowed as collateral per sanctioned loan; no other forms of collateral were permitted.
In the event of a borrower default, specific restrictions applied to lenders:
- Lenders could charge only a one-time fee, as determined by the Department of Financial Institutions (DFI) rule.
- Lenders were permitted to take civil action but could only recover the principal amount and reasonable collection charges.
- Lenders were prohibited from threatening borrowers with criminal prosecution as part of their collection efforts.
The bill also outlined conditions for a payment plan:
- If a person had borrowed four times consecutively and had not defaulted on the most recent loan, they were entitled to work out a payment plan with the lender.
- This required a written agreement signed by both parties.
- The borrower was given 60 days to pay off the loan.
- The borrower was allowed to make the repayment in three installments.
Additionally, borrowers had the right to rescind the loan within one day of its inception by returning the principal amount to the lender. Lenders were also required to comply with federal laws, including the Truth-In-Lending Act, and make specific disclosures to clients, including the Annual Percentage Rate (APR).
Who Do Payday Lenders Often Target?
Payday loan providers frequently target specific demographics who may have limited access to traditional credit. These groups often include:
- Minority communities
- Individuals with annual incomes below $50,000
- People with small but fixed incomes
- Military personnel
What Legal Claims Can Be Made Against Payday Lenders?
If you believe you have been subjected to unfair or illegal practices by a payday lender, several potential legal claims may be applicable:
- Truth-In-Lending Act violations
- State payday lending law violations
- Usury (charging excessively high interest rates)
- Racketeer Influenced and Corrupt Organizations Act (RICO) claims
- State Unfair and Deceptive Acts and Practices (UDAP) claims
- Fair Debt Collection Practices Act violations
- Common law claims (e.g., fraud, breach of contract)
- Licensing violations
Where Can You Find Help or Alternatives?
Consumer Protection Organizations
If you experience abuse or unfair practices from lenders, several organizations can offer assistance and guidance:
- AARP
601 E St., NW
Washington, D.C. 20049
1-800-424-3410
http://www.aarp.org/ - Consumer Federation of America
1424 16th St., NW, Suite 604
Washington, D.C. 20036
(202) 387-6121 - Consumers Union
Washington D.C. Office:
1666 Connecticut Ave., NW, Suite 310
Washington, D.C. 20009
(202) 462-6262
West Coast Office:
1535 Mission St.
San Francisco, CA 94103
(415) 431-6747
http://www.consumersunion.org/
Credit Unions as an Alternative
Credit unions are increasingly offering smaller loans at more reasonable rates, providing a viable alternative to high-cost payday lenders. For more information on credit union loans, you can contact:
- The Coalition of Community Development Financial Institutions
215-923-5363
http://www.cdfi.org/ - National Federation of Community Development Credit Unions
212-809-1850
http://www.natfed.org