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From Banking and Finance Law Daily, August 12, 2016

Installment credit in payday, auto lending market doesn’t provide enough protections: Pew report

By Stephanie K. Mann, J.D.

The shift toward installment credit in the payday and auto title lending markets is creating new risks, but a draft rule proposed in June by the Consumer Financial Protection Bureau would not adequately protect borrowers because it does not keep pace with changes in the industry, according to an issue brief released by The Pew Charitable Trusts. A CFPB proposed rule would require most small loans to be repayable in installments.

The analysis identified four primary loan characteristics that harm consumers: unaffordable payments, front-loaded fees, excessive durations, and unnecessarily high prices. The brief outlines the reasons for the shift to installment lending, highlights the riskiest practices, and identifies actions that the CFPB and other policymakers can take to counter these harms.

Analysis. The brief, "From Payday to Small Installment Loans: Risks, Opportunities, and Policy Proposals for Successful Markets," shows that unaffordable payments can lead to the same types of problems as conventional payday loans: frequent re-borrowing, heavy use of overdrafts, and the need for a cash infusion to retire debt. Large upfront origination fees effectively penalize borrowers who repay early or refinance, while unreasonably long durations can double or triple borrowers’ costs. Because payday and auto title lenders typically compete on location, customer service, and speed, rather than on price, costs for these products, like conventional payday and auto title loans, are unnecessarily high, such as more than $1,000 in fees for a $500 loan.

"The payday loan market is rapidly shifting away from lump-sum lending toward installments, but 400 percent APR payday installment loans can be harmful too," said Nick Bourke, Director of Pew’s small-dollar loans project. "To protect consumers, the CFPB should add clear product safety standards to its rule, such as limiting installment payments to 5 percent of a borrower’s paycheck. This safeguard would make existing loans more affordable and enable banks to offer comparable small credit at prices six times lower than payday lenders, saving millions of borrowers billions of dollars annually."

Recommendations. Pew recommends the following policies to address the four main challenges posed by installment loans:

  • establish clear ability-to-repay standards, limiting loan payments to an affordable percentage of a borrower’s periodic income;
  • allow only interest charges or monthly fees on the loan, and no other fees;
  • require loans to have reasonable repayment durations; and
  • enact price limits and enable lower-cost providers to enter the small-dollar loan market.

Companies: The Pew Charitable Trusts

MainStory: TopStory CFPB ConsumerCredit Loans

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