Payday loans are legal in 27 states, and 9 others allows some form of short term storefront lending with restrictions. The remaining 14 and the District of Columbia forbid the practice. The annual percentage rate (APR) is also limited in some jurisdictions to prevent usury. And in some states, there are laws limiting the number of loans a borrower can take at a single time.
In US law, a payday lender can use only the same industry standard collection practices used to collect other debts, specifically standards listed under the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from using abusive, unfair, and deceptive practices to collect from debtors. Such practices include calling before 8 o'clock in the morning or after 9 o'clock at night, or calling debtors at work.
Nobody wants to resort to this option, but sometimes it’s the only way to get out from under this kind of debt. There is a myth out there that you can’t include payday loans in a bankruptcy. However, that is not the case: “For the most part, payday loans aren’t treated any differently in bankruptcy than any other unsecured loan,” writes attorney Dana Wilkinson on the Bankruptcy Law Network blog.
However, there are ways these loans can affect your credit, especially if you can’t keep up with your payments. Part of getting a payday loan involves leaving a post-dated check, or giving the lender access to your checking account if you apply online. When the loan comes due, the lender deposits the check or withdraws what you owe. If you don’t have enough in your account to cover the amount you owe, you could bounce a check or overdraw your account.
A minority of mainstream banks and TxtLoan companies lending short-term credit over mobile phone text messaging offer virtual credit advances for customers whose paychecks or other funds are deposited electronically into their accounts. The terms are similar to those of a payday loan; a customer receives a predetermined cash credit available for immediate withdrawal. The amount is deducted, along with a fee, usually about 10 percent of the amount borrowed, when the next direct deposit is posted to the customer's account. After the programs attracted regulatory attention, Wells Fargo called its fee "voluntary" and offered to waive it for any reason. It later scaled back the program in several states. Wells Fargo currently offers its version of a payday loan, called "Direct Deposit Advance," which charges 120% APR. Similarly, the BBC reported in 2010 that controversial TxtLoan charges 10% for 7-days advance which is available for approved customers instantly over a text message.
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A payday loan (also called a payday advance, salary loan, payroll loan, small dollar loan, short term, or cash advance loan) is a small, short-term unsecured loan, "regardless of whether repayment of loans is linked to a borrower's payday." The loans are also sometimes referred to as "cash advances," though that term can also refer to cash provided against a prearranged line of credit such as a credit card. Payday advance loans rely on the consumer having previous payroll and employment records. Legislation regarding payday loans varies widely between different countries, and in federal systems, between different states or provinces.
The APR associated with your loan stands for the annual percentage rate, or the amount of interest you will be expected to pay in relation to the length of your loan term. Most of the time, the APR for short term loans ranges from 260.71% to 1825.00%, though this can vary somewhat. Although the APR associated with short term loans is higher than that associated with other forms of credit, it is still considerably less than the charges associated with overdrafts and nonsufficient funds. Please see below for a cost comparison.
Payday loans, sometimes referred to as cash advance loans, have received quite a bit of bad press, but when used properly, a pay day loan can have a definite upside. A short term financial bind can happen to a lot of people and being able to get a small loan quickly can save you money by avoiding costly late fees or overdraft charges. Sure, $50 is a steep price to pay for a $300 payday loan, but if it means you are able to get your rent check, house payment, or car payment in on time and avoid the hefty late fees and possible damage to your credit score, it is more than worth it.
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This reinforces the findings of the U.S. Federal Deposit Insurance Corporation (FDIC) study from 2011 which found black and Hispanic families, recent immigrants, and single parents were more likely to use payday loans. In addition, their reasons for using these products were not as suggested by the payday industry for one time expenses, but to meet normal recurring obligations.
Twelve million Americans use payday loans every year, according to the Pew Charitable Trusts. Generally anyone with a checking account and steady income can obtain a payday loan. However, it is most common for borrowers who don’t have access to credit cards or savings accounts to use this type of loan. “Payday loans for bad credit” are attractive to people with no credit or credit problems.
Payday loans have been in the news a lot recently, but not all short-term loans carry the same risks. LendUp Loans are an alternative to traditional payday loans from a licensed lender. A typical payday loan is exactly that: You borrow money against your next paycheck. However, borrowing against your paycheck often imposes several restrictions on this type of lending:
A. Yes. LendUp.com is an online lender, so you're welcome to apply for a payday advance through our website 24/7. If you're approved for a loan before 5 p.m., money could be deposited in your account in as little as one business day. If you're approved for a loan after 5 p.m., or on weekends or holidays, it can take a little longer to receive your funds.
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California Residents: Flurish Inc. dba LendUp is licensed by the Department of Business Oversight, pursuant to the California Deferred Deposit Transaction Law, license #1004393, and the California Financing Law, license #6054610. LendUp loans made under the authority of its CFL license are made pursuant to the California Financing Law. LendUp credit cards are not offered under any license regulated by the California Department of Business Oversight.
While credit counseling agencies spend their time helping consumers get out of debt, these kinds of loans can present unique challenges. “It’s not a traditional loan with set guidelines in terms of how they work with us,” explains Fox. In spite of those challenges, there are things a credit counseling agency can do to help you get out of payday loan debt:
We’d like to add two more pieces of advice to those who are shopping around for a loan; 1) If a lender offers you more than you can afford to borrow, you can ask them to lower it. Take advantage of that opportunity as it will ease repayment, and 2) Avoid the temptation of paying to extend your loan duration (often called a “roll over”). Instead of paying a fee to postpone your repayment date, ask your lender for a payment plan.
Many payday lenders offer loans through online portals, including CashNetUSA. Getting a loan online offers some advantages over visiting a retail location: There are no lines and no travel, and you can get a loan if you live somewhere that doesn’t have payday loan locations nearby. With loans available in 28 states and rates that compare favorably with other payday lenders, CashNetUSA is a good place to consider.
A 2009 study by University of Chicago Booth School of Business Professor Adair Morse found that in natural disaster areas where payday loans were readily available consumers fared better than those in disaster zones where payday lending was not present. Not only were fewer foreclosures recorded, but such categories as birth rate were not affected adversely by comparison. Moreover, Morse's study found that fewer people in areas served by payday lenders were treated for drug and alcohol addiction.
Though payday loans can be used for a wide range of purposes, they’re generally designed to cover unexpected expenses. Common uses include forgotten bills, car repairs, medical expenses or any other sudden event. You shouldn’t use payday loans to fix long-term issues in affording your credit, for day-to-day expenses or for a big-ticket item like a car or house.
According to a study by The Pew Charitable Trusts, "Most payday loan borrowers [in the United States] are white, female, and are 25 to 44 years old. However, after controlling for other characteristics, there are five groups that have higher odds of having used a payday loan: those without a four-year college degree; home renters; African Americans; those earning below $40,000 annually; and those who are separated or divorced." Most borrowers use payday loans to cover ordinary living expenses over the course of months, not unexpected emergencies over the course of weeks. The average borrower is indebted about five months of the year.