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Presented by the Federal Trade
Commission
February 2000
"I just need enough cash to tide me over
until payday."
"GET CASH UNTIL PAYDAY! . . . $100 OR MORE
. . . FAST."
The ads are on the radio, television, the Internet, even in the mail.
They refer to payday loans - which come at a very high price.
Check cashers, finance companies and others are making small,
short-term, high-rate loans that go by a variety of names: payday loans,
cash advance loans, check advance loans, post-dated check loans or
deferred deposit check loans.
Usually, a borrower writes a personal check payable to the lender for
the amount he or she wishes to borrow plus a fee. The company gives the
borrower the amount of the check minus the fee. Fees charged for payday
loans are usually a percentage of the face value of the check or a fee
charged per amount borrowed - say, for every $50 or $100 loaned. And, if
you extend or "roll-over" the loan - say for another two weeks -
you will pay the fees for each extension.
Under the Truth in Lending Act, the cost of payday loans - like other
types of credit - must be disclosed. Among other information, you must
receive, in writing, the finance charge (a dollar amount) and the annual
percentage rate or APR (the cost of credit on a yearly basis).
A cash advance loan secured by a personal check - such as a payday loan
- is very expensive credit. Let's say you write a personal check for $115
to borrow $100 for up to 14 days. The check casher or payday lender agrees
to hold the check until your next payday. At that time, depending on the
particular plan, the lender deposits the check, you redeem the check by
paying the $115 in cash, or you roll-over the check by paying a fee to
extend the loan for another two weeks. In this example, the cost of the
initial loan is a $15 finance charge and 391 percent APR. If you roll-over
the loan three times, the finance charge would climb to $60 to borrow
$100.
Alternatives to Payday Loans
There are other options. Consider the possibilities before choosing a
payday loan:
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When you need credit, shop carefully. Compare offers.
Look for the credit offer with the lowest APR - consider a small loan
from your credit union or small loan company, an advance on pay from
your employer, or a loan from family or friends. A cash advance on a
credit card also may be a possibility, but it may have a higher
interest rate than your other sources of funds: find out the terms
before you decide. Also, a local community-based organization may make
small business loans to individuals.
-
Compare the APR and the finance charge (which includes
loan fees, interest and other types of credit costs) of credit offers
to get the lowest cost.
-
Ask your creditors for more time to pay your bills.
Find out what they will charge for that service - as a late charge, an
additional finance charge or a higher interest rate.
-
Make a realistic budget, and figure your monthly and
daily expenditures. Avoid unnecessary purchases - even small daily
items. Their costs add up. Also, build some savings - even small
deposits can help - to avoid borrowing for emergencies, unexpected
expenses or other items. For example, by putting the amount of the fee
that would be paid on a typical $300 payday loan in a savings account
for six months, you would have extra dollars available. This can give
you a buffer against financial emergencies.
-
Find out if you have, or can get, overdraft protection
on your checking account. If you are regularly using most or all of
the funds in your account and if you make a mistake in your checking
(or savings) account ledger or records, overdraft protection can help
protect you from further credit problems. Find out the terms of
overdraft protection.
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If you need help working out a debt repayment plan
with creditors or developing a budget, contact your local consumer
credit counseling service. There are non-profit groups in every state
that offer credit guidance to consumers. These services are available
at little or no cost. Also, check with your employer, credit union or
housing authority for no- or low-cost credit counseling programs.
-
If you decide you must use a payday loan, borrow only
as much as you can afford to pay with your next paycheck and still
have enough to make it to the next payday.
To Complain
If you believe a lender has violated the Truth in Lending Act, file a
complaint with the FTC.
The FTC works for the consumer to prevent fraudulent, deceptive and
unfair business practices in the marketplace and to provide
information to help consumers spot, stop and avoid them. To file a
complaint, or to get free information on any of 150
consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357),
or use the online
complaint form. The FTC enters Internet, telemarketing, identity
theft and other fraud-related complaints into Consumer
Sentinel, a secure, online database available to hundreds of civil
and criminal law enforcement agencies worldwide. |