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Payday lending is just a gentle term for loan sharking. Payday lenders give signature loans to people against future paychecks, locking them in with incredibly high interest rates. Missouri's laws are some of the most lax on the books.

According to a Missouri Better Business Bureau study (PDF) published in 2009, Missouri's state laws allow interest rates of 1950 percent to be charged on a two-week loan of $100.00, while most neighboring states' laws limit those rates to around 400 percent, which is not wonderful, but not as obviously impossible as Missouri's.

A report published by National Public Action this month has even more devastating details of the effects of this type of predatory lending, and link payday lenders to big banks' profits:

  • Payday lenders take at the very least $3.4 billion from our communities every year in fees alone. This figure represents some $3.1 billion in wealth stripped from desperate borrowers -money that could have gone to buy needed groceries or school supplies- to pump up the payday lenders' fat bottom lines.
  • Nationwide, revenues for the major payday loan companies (Advance America, EZ Corp, First Cash Financial, Dollar Financial, Cash America, QC Holdings) have risen to their highest level - $1.48 Billion per year- more than before the financial crisis.
  • Big banks like Bank of America, Wells Fargo, JPMorgan Chase, and US Bank finance approximately 42% of the entire payday loan industry, providing the industry the capital for usurious and predatory loans.

[Full report - PDF]

Needless to say, the CFPB could not be investigating these loan sharks any sooner, particularly when they prey upon the working poor who are already struggling. These types of loans are typically targeted at minority communities, but also military families and other struggling groups. But while the CFPB investigation continues, a coalition of churches, bankers and nonprofits are working to create an alternative around a microlending model. In addition, petitions are being circulated for voter initiatives to limit interest rates on payday loans to more - ahem - reasonable rates.

At least two bills capping interest rates are pending in the Missouri General Assembly. Neither is expected to get much traction, but industry critics in Missouri are mounting a statewide campaign to limit the amount of interest payday lenders can charge customers, an effort that they think will resonate in an anti-big-business political climate that has spawned groups like Occupy Wall Street.

“The general populace see triple-digit interest rates as wrong,” Schulte said.

Though proponents have yet to gather the signatures necessary to put their measure before the voters, payday lenders and their sister industry, the installment loan business, are already fighting back. According to campaign finance records, they’ve collected more than $1 million so far from donors for an effort to keep the measure from being put on the ballot.

All of the $850,000 donated to the payday lending group, Missourians for Equal Credit Opportunity, as of Jan. 5 has come in chunks of $200,000 to $250,000 from Missourians for Responsible Government, which lists a Kansas City post office box and is not required to say where it gets its cash.

Read more here.

Money talks, and so does thuggery, sadly enough. In addition to throwing hundreds of thousands of dollars at initiatives designed to slow down payday lenders' money trains, they're actually threatening churches circulating petitions to limit their thievery.

Faith in Public Life recently notified members of a report in the Kansas City Star:

The payday loan industry is looking a bit desperate in its attempt to derail an initiative petition in Missouri seeking to more strictly regulate short-term lending.

This week, a law firm in Grapevine, Texas, of all places, sent a letter to some Kansas City area churches, issuing dark and dishonest warnings about the perils of getting involved in the movement to clamp down on businesses that can legally charge interest rates of up to 1,950 percent for a loan.

The initiative petition drive to change state law and set a cap of 36 percent on the annual percentage rate of a short-term loan is being led by faith-based and community groups in Missouri.

The letter from the Texas law firm, Anthony & Middlebrook, advised churches in bold letters that “strict statutes carrying criminal penalties apply to the collection of signatures for an initiative petition.”

That’s true, of course, if one distributes a false affidavit or signs someone else’s name to a petition. No one has accused the payday loan opponents of doing any of those things.

The letter also warns churches that their tax-exempt status could be threatened if they engage in lobbying or attempts to influence legislation. The letter interprets “influencing legislation” to include “supporting or encouraging action with respect to the (payday lending) petition.”

Interestingly, Anthony & Middlebrook advertises themselves as a law firm specializing in the boutique needs of non-profits. A subgroup inside of Anthony & Middlebrook is the "Church Law Group", billing itself as follows:

The Church Law Group is a practice area of Anthony & Middlebrook, P.C. that focuses on the specific legal needs of churches, ministries, faith-based organizations, and clergy throughout the United States. The work of the Church Law Group includes both the creation of new nonprofit organizations and consulting with existing ones. We advise our clients on legal questions relating to general corporate and business matters, as well as a broad range of other issues that often have unique application in the religious nonprofit environment.

Oh, also? According to the KC Star Article, Anthony & Middlebrook, P.C. represents Missourians for Equal Credit Opportunity, the astroturf organization set up to receive $850,000 in contributions from the industry to oppose efforts to limit their astronomical profits at the expense of those least able to afford such ridiculous rates. The turnkey website set up for this organization has 'mythbusters', informing consumers that really, they're not paying such crazy rates, because really, the payday lending industry is benign and most consumers pay their loans off in two weeks.

Sure. That's why the National Public Action report shows that in Missouri, the estimated wealth stripped from the 99 percent and handed off to the 1 percent is about $117 million dollars in one year. Nationally, it's about $3 billion dollars per year. And guess who gets part of that pie? Five big banks -- Wells Fargo, Bank of America, US Bank and JP Morgan Chase, who keep about $1.3 billion transferred to them by the largest payday lending franchises in the form of fees.

Isn't it funny how conservative Texas lawyers aren't afraid to threaten churches' petitions when client profits are at stake, but they're perfectly fine with churches leaving anti-gay marriage petitions in their lobbies or personhood amendment petitions?

It's all about the money, always, and no one plays thug tactics better than the banker money boys. Nothing is sacred, not even churches.

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61 Comments
CafeenMan's picture

While I fully believe anyone who would actually own a business like this and profit obscenely from people stupid enough to be their customers is a complete and total scumbag, I really don't feel sorry for about 99% of the people who would get a loan from a payday loan place.

And yeah, I understand a lot of people have hardly any options. But if your reason for getting a payday loan in the first place is because you're broke and "I don't have any other alternatives" then how broke are you going to be when you have to pay that loan back???

Captain Kangaroo's picture

It's complicated. If they need food then what are they going to do? I guess the church would be an option but these outlets for food are stretched thin because of Republican policies destroyed the economy. Maybe your % is too high.

dogjudge's picture

Sorry, but this is the same logic that the raper is the victim.

If you've never been in the situation (thankfully I never have been) it's easy to say that they should do something else.

At the same time, the government does regulate many areas of commerce. There's no reason why this one shouldn't be regulated.

What this does PROVE WRONG is the GOP ideology that capitalism is self-regulating.

CafeenMan's picture

This is the same logic that says the raper is the victim??? I guess if the victim goes and finds someone and then ASKS that person to rape them.

I have been in that situation and things worked out through some luck and making some hard choices, but payday loans were never an option even though I was tempted.

Other than that I agree with you.

The Pale Scot's picture

meaning there will be an extra charge to turn it back on, or if the repo man is looking for the car you need to get to work that you bought three years ago before you got laid off, if there's children involved no electric or water will have DYFS in your shit, so it's not an option.

And in my observations, "luck" in these circumstances is usually a loan from a friend or family member. Most people aren't that lucky.

derekthered's picture

i'm on your side.

if working people made enough money to live they wouldn't need these loans. so the big bloated capitalists keep the people down, then barracudas come and kick them when they're down.

Rich H's picture

.

Nangleator's picture

A loan with an interest rate of 1950 percent would only make sense if you were to use the brick of cash to murder the loan shark with.

pissed off patricia's picture

What happens if the person doesn't pay back the loan and interest? Who goes after them and how often is the loan plus interest paid back? Seems like if the person was in that dire need of money, there would be no way they could repay it with exorbitant interest rates.

Do you sign over something to the place before they give you the loan? I mean what keeps the borrower from getting the loan and skipping town? As is painfully obvious, I know nothing about how all this works.


Say what you mean. Mean what you say. But don't say it mean.

Captain Kangaroo's picture

The idea is for the person borrowing the money (Lets say $100) to pay it back in a week and pay 10% (or 20% or 30%? I don't know because I have never done it). But what happens is that the person can't pay the $100 back in a week so after 2 weeks he owes $120 (or more because the interest is compounded) and in about 4 weeks he owes $200 and you can see the spiral. But if the person could pay the $100 back (@$110) in one week you can see how it might be worth it for somebody to do that.It is highway robbery but you can see how it happens.

shaggles's picture

My understanding is that when you go in for a payday loan you are basically telling your employer to make your next paycheck payable to them. There is no question of it not being paid back.

LockeNessMonster's picture

They verify employment and take the risk the borrower will pay. This all started with the "have a job, get a car - no credit check" high-interest auto loans.
Even if possible, the red tape and paperwork would be way too much for the loansharks to want to deal with. And some employers probably wouldn't even agree, because it would cost them employee time and money to set up. Much easier to just write off the taxes on the losing deals.


I've seen some stuff, man. And some thangs...

pissed off patricia's picture

If an employer did make the paycheck out to the loan company wouldn't that mess up the employers books? How would the employee explain their income etc on their yearly tax return?


Say what you mean. Mean what you say. But don't say it mean.

fastfeat's picture

They report it to ChexSystems where it remains for six years, effectively locking you out from opening any checking, savings, or credit accounts. I know; I'm in the midst of this right now.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

miss_kitty's picture

I had a acquaintance who was in thrall to these parasitical motherfuckers. They would empty her checking account on a regular basis. She closed that acct, opened another, and was going to write these same assholes a payment from her NEW acct, and I put the hold on that immediately. I explained, they'd just do the same to the new one, since she'd signed a permission slip for them to empty her account. Pay with money orders.

ikalbertus's picture

They're going to sink their hooks into people and suck them dry. It's a vicious circle that they can't escape from. They feed off the poor.

LockeNessMonster's picture

That is the reason these institutions say they should be able to charge such high rates on signature loans. The borrower is just basically giving their word they will repay - no collateral. I think the term is "unsecured loans."
The way they make their money is stringing people along. Okay, you can't pay the loan off, so just pay the interest (high) this month and roll it over to another month. (Kind of like our government does with China.) Do that a month or two, and the lender has probably already made their money plus profit, and the full amount of the loan is still due. Most people, especially since they had to have a job in the first place, will try to make good. But, the debt just gets so much it becomes impossible. If they pay a few months, lenders will even offter to loan them more. It is totally predatory.


I've seen some stuff, man. And some thangs...

pissed off patricia's picture

This almost sounds like the way people got into trouble on their mortgages. Mortgages were offered where you only had to pay the interest for a few years. They even gave mortgages to people who had no job. Sounds like the banks were using the same playbook back then that these payday loan places use today..


Say what you mean. Mean what you say. But don't say it mean.

Phoenix Justice's picture

As I have had a need to use a "payday loan" on occasion, I will try and speak from experience. (Times have not always been good.)

In order to get a payday loan, you need to have a verifiable bank account and a job. After those have been verified, you need to write a check to the payday loan company in the amount of the loan plus the fee (they don't call it interest) and the check is dated for two weeks from the date of the loan. You can "rollover" the loan (normally up to three times) if you pay the fee each time you rollover the loan.

Some places will charge you fees of as little as $7.50 per $100 borrowed and some as much as $20 per $100 borrowed.

If you don't come in at the end of the two weeks to either pay off the loan plus fee or rollover the loan, the payday lender will deposit your check and will keep trying to deposit it until its paid off.


Election 2012: Be Educated! Be Active! Vote!

www.PhoenixJustice.com

Rich H's picture

I imagine some lenders are better than others though.

shaggles's picture

OK. That makes sense. My scenario above must be either from a very faulty memory or some sort of chemically induced hallucination.

Even $7.50 per $100 is almost 200% when annualized.

JRocket78's picture

What these lenders are engaging in is... Usury... There is a special place in hell for these types of people...

The Old Testament contains references to usury:

[Exodus 22:25] If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury.

[Leviticus 25:36] Take thou no usury of him, or increase: but fear thy God; that thy brother may live with thee.

[Leviticus 25:37] Thou shalt not give him thy money upon usury, nor lend him thy victuals for increase.

[Deuteronomy 23:19] Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury:

[Deuteronomy 23:20] Unto a stranger thou mayest lend upon usury; but unto thy brother thou shalt not lend upon usury: that the LORD thy God may bless thee in all that thou settest thine hand to in the land whither thou goest to possess it.

[Ezekiel 18:17] He withholds his hand from sin and takes no usury or excessive interest.

The New Testament contains references to usury:

Finally the master said to him 'Why then didn't you put my money on deposit, so that when I came back, I could have collected it with interest?'
—Luke 19:23

"Thou oughtest therefore to have put my money to the exchangers, and then at my coming I should have received mine own with usury."
—Matthew 25:27

"…Out of thine own mouth will I judge thee, thou wicked servant. Thou knewest that I was an austere man, taking up that I laid not down, and reaping that I did not sow. Wherefore then gavest not thou my money into the bank, that at my coming I might have required mine own with usury?"
—Luke 19:22-23

http://en.wikipedia.org/wiki/Usury#Religious_...

Flying Blind's picture

NO TAXES!!!


FB
99%

FloydGeorge104's picture

people like this do this crap all the time. look at the crap dick did as VP for 8 years. He will get his in hell. right! this asshole said he did what he did and would do it agian Nothing has ever happne4d to him.These people need to get theres now. Any one wonder just why the repugs hate the consumer protection dept ( that just got its boss) fought it every singel day. They did not want this go ever get off the ground. now whos side are they on. kinda says it right out in the open. we are for the rich and the banks and people like these payday loand

Capitalism carried to extreme in reality makes collectivism look great in theory.
Collectivism carried to extreme in reality makes capitalism look great in theory.
Power corrupts. Absolute power corrupts absolutely.

Execute the greedy.

See. Wasn't that easy. Now if we could just get around the death penalty opponents my throughly joking
government by homily could lead to a perfect world.

PS. Petitions for this solution will be coming to a megachurch near you soon!*

* Recall petitions for the pastor not available in all states. Tithe generously else you be judged greedy.


“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder

shaggles's picture

Didn't usury used to be illegal?

Captain Kangaroo's picture

Until Republicans called it capitalism.

to prevent usury, we prevented banks from lending on home value (and foreclosing) and banned out of state bank ownership. In the not too distant past I should add.


“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder

Captain Kangaroo's picture

You mean they allow it now? Did that happen in Rick Perry's time?

By the way, even with these restrictions we had plenty of what folks would today call "pay day lenders." My favorite was a company, Texas Consumer Finance Company which ran radio spots to build name recognition. An accentless announcer would correct the main spieler every time he said "Come on down to Tex-is Con-soomer Fie-naa-yonce" by pronouncing the company's name in less yokel friendly dialect.

We lost the interstate banking battle in the S&L debacle. We lost the home equity battle a decade later. Not sure when the loan ceiling was tossed, but I am sure it went in the period of WIN (Whip Inflation Now) and Malaise hyper inflation.

After we lost the interstate bank battle, and North Carolina National Bank gobbled up Texas chains like PacMan, NCNB became known throughout Texas and even on the floor of the Legislature as No Cash for No Body bank. It is now Bank of America.


“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder

Captain Kangaroo's picture

Yeh they gobbled up Bank of America and it has been all fun and games since.

FloydGeorge104's picture

You can buy lots of people in congress when you have that kind of money. You ever get the felling that the people in congress just Don't want the people out there to know just what they have there hands into. Another reason for TERM limits. Most of the people in congress and thats with a D or a R after there name get all the good stuff on what bussiness is going down or going up. that gives them the info to either sell or buy stock. If That in not insider trading what is, and they can do all the time with nothing to worry about. That is Fucked Up !!!

Captain Kangaroo's picture

How about churches and other groups that actually are supposed to help people get into this business and actually charge decent rates? )As if churches have money to lend.) Maybe there are people who go to the church who are well off enough off to loan money at say 35%. This might be fair in this type of business because you don't want to lose money but people who are borrowing money for the reasons that they go to Payday lenders would probably default at a rate that 35% might not even cover the losses. This is where churches could/should step in and counsel people to help them. As you can see these things are very complicated. This is in no way to be construed as a defense of Payday lenders. Payday lenders will rot in hell if only there was a hell.

karoli's picture

That's what the top link discusses....they're uniting to make microloans at reasonable rates.

Cath's picture

Part of the problem is that a lot of people who use these loan sharks are not aware that the fees accumulate rapidly. Once they are sucked in the damage is done. Honest poor people don't realize what a scam it is and then it is too late. They pay what they can.

Do these companies and their personnel honestly explain the fees before someone agrees to the loan? If they did most rational people would pass.

What amazes me is that the powers that be see nothing wrong with these businesses and let the "job creators" do their thing. Any legislature that allows this practice is despicable. Anyone who does not support the law proposed should be "fired" as Mitt would say. This is so basically obvious a line to be drawn.

LockeNessMonster's picture

They entice people to buy things they can't afford. You can't afford to buy a flat screen at Best Buy for $1,500, but we'll only charge you $20 A WEEK! And after all those weeks and you own it (if you actually made it that far), you've paid $5,680.00. And if you miss a payment, tack another $20/$50 on there. Many probably don't make it, have to give the TV back, and ended up paying more than they could have bought one for had they just saved and waited.
As a Cowboys fan, I was very disappointed to see Troy Aikman hawking one of these companies.
Yeah, it's a choice, but they goad people into making bad financial decisions and make it sound like the best deal they could ever get. "It's ONLY $25 per week! Who can't afford that?"


I've seen some stuff, man. And some thangs...

Captain Kangaroo's picture

And Aikman doesn't even come close to needing the money they paid him. He must be worth a hundred million dollars. It is too bad he would do this. Even if they paid him a $1,000,000. Or 5,000,000 or $100,000,000. I used to like him. Not anymore.

pissed off patricia's picture

OMG! I have found another Cowboys fan here at C&L? At last, I am not alone.

I felt the same way the first time I saw Aikman in one of those ads.


Say what you mean. Mean what you say. But don't say it mean.

LockeNessMonster's picture

Grew up just outside of Big D. My dad and uncles were huge fans from the first year playing in the Cotton Bowl. Fantastic memories from the 70s - will always be a fan.


I've seen some stuff, man. And some thangs...

ricky's picture

He might have played for OU if they didn't import better players from Texas under our free trade agreement with our less fortunate neighboring state with less domestic raw gridiron deposits.

Instead Aikman had to migrate to California like the rest of the Joad clan. When he prove professional caliber they brough him back to Dallas, which is the NFL home team for Okies.


“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder

And chicken wings.


“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder

ikalbertus's picture

for some of these tax prep businesses to offer advances on income tax refunds while taking a generous slice of the payout. Another scam.

Edwin's picture

They already do that (iirc) in Canada.


far left loon >.<

Captain Kangaroo's picture

Think about this...
If somebody borrows $100 and pays back $101 in one week or $102.01 in two weeks (or something close to that) they are paying 52% interest. If they pay back $101 in two weeks the interests rate is 26%. Both those interest rates are huge but $101 is a lot less that $110 (or more). It is crazy that these loan sharks are able to charge 1800%. Of course the congress people don't give a shit as long as they get they their money fro the lobbyists.

LockeNessMonster's picture

The Republicans want all kinds of laws, requirements, consultation, waiting period, etc when a woman wants to make decisions about her own body. You know, like, they need to look at an ultrasound and talk to a social worker because maybe it will keep them from doing something regrattable.
But when it comes to financial decisions, buyer beware! Personal responsibility! No regulations!


I've seen some stuff, man. And some thangs...

Captain Kangaroo's picture

Sorry I hijacked the topic.

Captain Kangaroo's picture

Didn't a guy from India win a Nobel prize for lending small amounts of money for realistic rates? And actually HELPING(!) people instead of killing them financially?

Kreskin's picture

These joints do help a lot of people get by in emergencies , people who routinely use them are just plain foolish . I would imagine that these places do get stiffed on a regular basis . They have saved my butt on a few occasions , thankfully have not been so desperate as to need their services for a long time now .


Insanity , it is what it is , there is no understanding it .

Payday Loans aren't the only problem. People are losing their vehicles to Car Title Loan Companies .Furniture rental firms also target the near poor with their rent to own schemes. Then there are the highly promoted firms, like Blue Hippo, that target the poor with schemes to sell computers using the customers checking account to extract money, up to $1200, for a computer you can buy in the store for $300. I think that Blue Hippo was closed down after several states slapped them with lawsuits. However other similar firms have popped up.

I'd strongly recommend using pawnbrokers over these fucks if you've got pawnable collateral. You can usually work out payment plans more easily and you've still got items of value in the end.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

draftmama's picture

We had a ballot initiative in 2011 which succeeded in reducing the amount of interest these crooks could charge to 35% per annum. They all closed up shop and left. I know because I worked at Unemployment Insurance at the time and we had many many calls from people who had worked for the crooks and were pissed off at the electorate for doing away with their jobs.

Tough beans - go do something productive instead of making desperate people even more desperate.

Limp-Dick Blimpaugh's picture

And Gov. Daniels could care less.

Edwin's picture

These places are a problem in Korea, too. Every second TV commercial advertises, 'cheap money', 'easy money', 'free money', but charges the same interest rates in the same ways. I can understand a fair rate for a very risky loan, but... FAIR being the key word here.


far left loon >.<

ikalbertus's picture

Usurious lenders making veiled threats to churches. This is different from organized crime in what way? Oh yeah, it's legal, sort of.

Edwin's picture

When it's the banks and not Bubba from the mob, yes, 100% legal.


far left loon >.<

fastfeat's picture

.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

sproingie's picture

If you've ever looked into what a lot of these microlenders charge in interest rates, it's not far off from these payday lenders. They claim that the combination of risk and cost of doing business at these small transaction levels demands it, and to a certain extent they're right (there's no ChexSystems to hold over a subsistence farmer in Guatemala), but it's hard to verify the claims and hard to know what's reasonable.

It may be some areas of the world simply don't have the financial stability to allow outside capital investment of any kind, even microlenders who simply try to break even. The USA is not even close to that far gone, so I wonder if there's a reputable kiva.org equivalent that operates in the USA that could make affordable nonprofit microfinance doable ?

sproingie's picture

I've looked into that ... and it looks dodgy. I'd rather there were something like kiva's model that doesn't admit a profit incentive to lenders.

sulphurdunn's picture

all you need to know about payday loan sharking.

http://www.checkngo.com/resources/faq/payday-...

Maybe when I'm finally done with my gringo name I'll get myself a $1500 loan in Del Rio and slip across the Mexican border for good...


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

ricky's picture

Not much better than Del Rio but the other side is nicer.


“Why would anyone with a functioning brain believe this guy?”
Some guy with an eating disorder

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