Payday loans take a hit in Arizona; likely dead after June 30

By Howard Fischer
Capitol Media Services
Published/Last Modified on Wednesday, January 27, 2010 2:12 PM MST


PHOENIX  Efforts by the payday loan industry to remain in Arizona after June 30 were dealt a serious  and potentially fatal  setback Monday when a key Democratic lawmaker said he can’t support what the lenders want.


Rep. Cloves Campbell, DPhoenix, said payday lenders “haven’t been community friendly ... outside of doing business and taking money from us,’’ he said. And Campbell said the measure crafted by industry lobbyists still let lenders charge interest rates approaching 400 percent on an annual basis, rates he said are unacceptable.

Campbell’s vote is crucial: He is the lone Democrat on the House Banking and Insurance Committee who had previously indicated a willingness to approve allowing payday lending to continue despite the 2008 vote to have the industry disappear on July 1.

House Majority Whip Andy Tobin, RPaulden, who is sponsoring HB 2161 for the industry, told Capitol Media Services he will kill the plan unless it picks up at least some Democratic support.

That may be more of a necessity than just political cover in the Republicancontrolled Legislature: Several GOP lawmakers have told Capitol Media Services they will not support continued life for payday lending.

Tobin had the measure yanked from committee consideration Monday after it was clear he would not get bipartisan support. He said he will sit down with industry lobbyists to see what changes, if any, can be made to get some Democrats on board.

Campbell, however, said the industry has yet to offer anything that would help his constituents who represent large portions of south Phoenix.

One, he said, is a lower interest rate.

Payday lending involves twoweek loans of up to $500, with lenders now permitted to charge up to $17.85 for each $100 provided. That translates to more than 400 percent on an annual basis.

The special exemption for the industry from the state’s usury cap of 36 percent expires June 30. And voters, on a 32 margin, killed an industry sponsored initiative in 2008 to make that exemption permanent, even after lenders agreed to cut fees to $15 per $100 borrowed.

This new bill still has that $15 fee, about 390 percent on an annual basis, with a few other changes industry lobbyist say makes it a better deal for borrowers. Campbell, however, said that’s still too much and still not a good deal for borrowers.

Industry lobbyist Lee Miller said lenders cannot live with the 36 percent annual cap, saying that would never cover their costs on a twoweek loan for $100. Miller said he will consult with lenders to see if they can live with something less than 390 percent.

“After you pay employees, the health plan, pay the rent, pay the taxes, there isn’t a tremendous amount of money left,’’ Miller said. He promise to “engage with’’ Campbell to see what he can support to permanently keep payday lending alive in Arizona.

Campbell said only with “substantial changes’’ to the measure  including the interest rate  might he agree to support it. But even then, he said, it may be time to let payday lending go away.

“My community has spoken to me,’’ Campbell said. “They don’t want it there.’’

He was particularly miffed at what he said has been the industry’s lack of caring for the minority community  he is AfricanAmerican and represents a community with many blacks and Hispanics  at least not until their lobbyists needed Democratic votes.

“When it’s time for you to lose business, all of a sudden you find a new crop of friends,’’ Campbell said.

“And that’s what we turned out to be: a new crop of friends,’’ he continued. “You know how it works.’’

The key provisions of what the industry wants are identical to what voters defeated, including that $15 per $100 fee and a ban on “rollovers’’ which create a cycle of debt with borrowers paying off one loan by taking out another.

There are, however, some changes, including the right of borrowers to get out of the loan within two days without cost, new reporting to the state and a requirement for “plain language’’ in the contracts.

 

Comments

    WZAFRA wrote on Mar 13, 2010 7:01 PM:

    " Another example of Government taking over in an attempt to make things better, when it will "only make things worse"!!!!! When is it ever going to end?????? After Healthcare, Cap and Trade, Education, Banking, Auto Industry....... what's next????? It will be our freedoms we have enjoyed for over 2 centuries!!!! That will indeed be the "Day that the music died"!!!!!!!!! Like Rome once did, we will follow, and "fall from within"... "

    cindy09 wrote on Feb 4, 2010 9:05 AM:

    " My views were the same until i had an emergency and had no other option. I got a $300 loan from cashloancity.com and was able to get an extension. I'd have to say it wasn't a bad experience at all. "

    Guest wrote on Feb 3, 2010 11:00 AM:

    " People only think these are good deals because they don't know anything about money. The best thing that can happen to AZ is for these predators to go away.

    If you can afford to use them, great, but you're wasting your money. More often than not, you can't afford to use it and will fall behind. "

    LOUIS GONZALES wrote on Jan 30, 2010 10:09 AM:

    " tHIS COMPANIES ARE GREAT AT HELPING PEOPLE WHEN THEY ARE IN A BAD FINANCIAL SITUATION,BUT WITH THE ECONOMY BEEN AT IT WORST THEY ARE JUST MAKING BAD THINGS WORST, AND THEY HAVE NOT LOWER THEIR FEES, AND WE STILL GO TO THEM FOR HELP,I HAVE NOT MADE MY MORTGAGE PAYMENT BECAUSE THEY GOT TO MY MONEY FIRST. WHAT ABOUT THAT??????????? "

    payday loan customer in AZ wrote on Jan 29, 2010 7:33 PM:

    " I am a payday loan customer who uses the service responsibly. I live in Arizona and the state is trying to close down the loan business. In a state where unemployment is high and jobs are scarce, I can’t believe they are willing to cut what I consider my financial life line. Without payday loans, I would be paying way more on bank fees from Bank of America. People need to realize that banks charge close to $35 per bounced check and I use the loan to make sure I don’t fall behind on my checking account balance. "

    Scottie F wrote on Jan 29, 2010 9:36 AM:

    " It doesn't make sense to use an annual interest rate of 400% when talking about 2-week, short-term payday loans. Payday loan periods are meant to be two-weeks for responsible borrowers. And on a $100 loan, the fee is $15. That's 15%. Customers are perfectly aware of this ahead of time. You could easily say that a $37 late fee on a $100 credit card balance is a 965% annual interest charge. Now which is worse?

    If payday lenders are banned from Arizona, consumers are going to have to resort to more expensive options that hurt their credit in the long run; bouncing checks, high credit card interest rates and penalties, and so on. "

    jkursman wrote on Jan 28, 2010 9:15 AM:

    " What about the will of the consumers....those 15%-20% of Arizonians who actually use the payday loan product.

    The vast majority of those who actually use the payday loan service aren't nor have they ever complained!

    Why? Simply because at an average cost of $15-$17 per $100 borrowed, payday loans are often far less expensive than other short term loans, like the "overdraft protection loans" offered by banks and credit unions. More than 75% of account holders overdraft at least once annually at an average cost of $27 per $36 overdraft or $0.75 per $1.00 borrowed for four days. After this initial period, many banks charge an additional $5 to $8 per day on an overdrawn account.

    Up to $128 in fees on a $100, 14-day loan from a bank or credit union vs. $15-$17 in fees on the same loan from a payday lender!

    Which option is better for consumers? In a free market economy, consumers vote with the purchasing choices. If there were viable, less expensive alternatives, the short-term lender would cease to exist. Why are we restricting the availability of a family's often lease expesive credit option?!? "

Write a Comment

Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. They review submitted comments periodically during the day for offensive or off-topic content before posting. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. The Douglas Dispatch is not liable for messages from third parties.

DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
* Personal Information (phone numbers, addresses, etc.)

Opinions, advice and all other information expressed in douglasdispatch.com's reader comments represent the individual's own views and not necessarily those of the Douglas Dispatch. The Douglas Dispatch does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Douglas Dispatch spokespersons.

Your thoughtful contribution to the online discussion is appreciated.

(optional)
   









Contact Us

Email the Editor
530 11th Street (85607)
P.O. Drawer H
Douglas, AZ 85608
tel: 520.364.3424
fax: 520.364.6750