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Are Payday Loans Illegal?

Recently while searching for some good stocks to buy, I stumbled upon a jewel in the rough — First Cash Financial Services (Nasdaq: FCFS). Trading at a PEG ratio of 0.80 with EPS growing at a healthy 28.5% annually for the past five years, it is very hard to ignore this stock.

What got me really excited about this stock, however, is not its financials. It is the hot debate between Fools Rick Aristotle Munarriz and Lawrence Meyers about the righteousness of payday lenders. I'm fortunate enough not to have experienced borrowing money from payday lenders. So I can't speak for the people who have. From what I observe, I tend to agree with Lawrence Meyer.

The Payday Loan Business
Payday Lenders (PDLs) typically earn their incomes by lending money to desperate individuals at outrageous interest rates ranging from 10% - 40%. To put this into perspective, if you borrowed $500 today, you'll have to shell out a hefty sum of $700 in two weeks. That's $200 interest in 14 days. Now that's what I call a great business! Of course, the same can't be said for the poor guy on the opposite side of the table.

Fortunately, some states have taken the intiative to protect those poor souls. Texas, for example, capped the interest rate at $10 per $100 borrowed. This could potentially cause a massive cut in the PDLs revenues. However, the shrewd PDLs invented a clever way to circumvent the restriction. A PDL will setup a customer service organization (CSO) that is a wholly owned subsidiary of the PDL. The CSO is essentially treated as a third-party entity such that there is no overlapping with the PDL. The PDL can then charge a 20% referral fee for referring the customer to the CSO, a 10% paperwork fee and a 10% interest on the loan amount. The total is still a whopping 40%. Pure genius! To get the full scoop about the PDLs clever scheme, check out this article.

Why I Think Payday Loans Are Okay
With this kind of fees and interests, it is no wonder Rick Aristotle Munarriz got all fired up about the PDLs ethics. However, like I said earlier, I'm leaning towards supporting the payday loan business. Here's why:

Payday loans provide funds for rainy days
Not everyone is born with the left brain to manage his/her personal financials. Those of us who are lucky may never step foot in the door of a PDL. However, who hasn't made mistakes before? Say Homer Simpson's emergency fund was recently used up for a car repair. Then all of a sudden, hurricane Saddam blew out of no where and decided to relocate his house to Antarctic. So Homer's out of emergency funds and all he had was that house. And we all know insurance claims don't get processed the next day. How do you think he's gonna pay for Bart's and Lisa's lunches tomorrow? This is where Apu comes in with his payday loan. Apu charges Homer 40% interest on a $500 loan. Homer's happy because Bart and Lisa won't go hungry for a couple of weeks. In the meantime, he can camp outside his insurance agents house and wait for the reimbursement.

Sure, the interest is outrageous but it's the only thing available
If you can find anyone else willing to lend money on such short notice with a lower interest rate, then by all means borrow from the guy. Unfortunately, in the real world at least up to now, banks and other loan processors are not willing to take on such risks except for PDLs. Since the PDLs discovered this niche, it's only fair that they get to set the price. In other words, they found a demand and therefore they supplied. Perhaps the solution to fight high interest rates is not so much setting a restriction but encouraging more competition.

Payday loans may enlighten some people
Like I said, I have no experience taking a payday loan. However, if I were to take one, I will do everything I can to make sure I never ever have to get a payday loan again. I think the 40% interest rate despite how evil it sounds, is good in disguise. Come to think of it, it's no different from credit card default rates that can go up to 30% or more. And what both credit service providers' common goal is really to encourage consumers to manage their financials better, no? If you were charged a 30% interest, wouldn't you start screaming all the expletives you ever knew and after the dust settles begin to figure out a way to get out of paying the interest? Based on this, I think payday loans are really educating some people. To what degree they are successful, I don't know.

Will I Bet My Money With Loan Sharks?
So with all the positives that I pointed out about PDLs, the question is will I invest my money in them? I can say with a confident no. That the future for PDLs is murky is clearly reflected in the market's confidence about the industry where all the major players' stocks plummeted almost 30% since the restriction was introduced. Obviously, this creates a great buying opportunity for those who believe. However, I'm not sure how long before the federal and states begin to close the loophole or if that is even possible. In the meantime, I will watch from a safe distance.

FatBoy is an average nobody who has no formal financial training whatsoever. What he knows he learnt from books, websites and other financial literature. FatBoy will disclose stocks that he owns or not own with regards to stocks mentioned in his articles. Under no circumstances does the information on this blog represent a recommendation to buy, sell or hold any security. In short, if you invest like FatBoy and get screwed, you're on your own, buddy. At the time of this writing, FatBoy did not own any positions in the stocks mentioned in this article.
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This post has 6 comments. Read and share your opinions.

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Comments
>>> Matt Commented on August 10, 2005

I would guess that almost every single PDL business is located in a low income neighborhood and that hardly any of their clients are people waiting for insurance reimbursements. If a PDL set up shop in an upscale business, they wouldn't have very many clients would they? The problem is not the legitimacy of their business, but the fact that they exist almost exclusively to prey upon the poor and uneducated. How about robbing illegal aliens and taking their cash, knowing full well they won't report you to the police? Is that "genuis", too? Taking advantage of people to get their money is disgusting, regardless of whether it is legal or not.


>>> Andrew Commented on August 10, 2005

i agree with matt. there's a certain line that i think should be drawn when the pursuit of money begins to result in the exploitation of those less fortunate. while you outlined very well a theoretical case in which a person may use the PDL services, that's NEVER going to happen. most people have credit cards, and they're possible to get even with pretty bad credit scores, even if the apr is absurdly high. keep in mind that absurdly high aprs don't even compare to what these PDL sharks charge.

so matt hit it on the head: the only people who'd use PDLs are those who are too poor to even get a credit card, or those who've maxed it out and have no other recourse. they can't become "enlightened" through this experience.

frankly, i think your "why i think PDLs make sense" doesn't make any sense: it's a situation that will never happen in real life, like Saddam's having WMDs. i also noted that you never considered PDLs from a moral point of view: your financial outlook may benefit, but it says a lot about your true nature. i am sorry if i sound annoyed, but sometimes these personal finance blogs seem to forget everything else in the pursuit of bling, which seems to be a sad approach to life.


>>> anonymous Commented on August 10, 2005

I work for an Internet advertising business and we do a huge sum of business with a company in Canada who has multiple websites for their PDL business. It's a perfectly legal business and just serves a certain market of people. No one is forcing these people into PDL stores, online or offline. They got themselves into their financial situations and unfortunately don't have the mindset to manage their finances without having to go to a PDL.


>>> Dan Commented on August 11, 2005

Anonymous, you seem to think that it is intelligent, but weak-willed people using these services. That is not the case. PDL stores target the mentally ill, illegals, the homeless, and substance abusers. Even fatboy's best case example involves preying on hurricane victims.

Some cities have taken steps to restrict new PDL stores opening. Why? Because they kill recovering neighborhoods. Everyone knows a PDL store is a sign of an area in decline, and no one wants to open a business next to one. It becomes a self fullfilling prophesy. Property values drop, new businesses are frightened off. Everyone loses.


>>> fatboy Commented on August 16, 2005

When I wrote this article I anticipated some opposition from a moral perspective. I do sympathize with people who have to take out payday loans.

However, because there is always a need for high-risk loans that no other financial institutions are willing to provide, the market for these loans will always exist. Suppose the government made PDLs illegal. Who would then provide these loans to the needy? Loan sharks operating in the black market of course. If this is the case, I'd take a regulated PDL over a loan shark any day.

High-risk loans are no different from high-risk insurance / non-standard insurance. If I was a driver with a bad driving history, I would be charged a higher premium for my auto insurance compared to the general public. Are these non-standard insurers exploiting the weak too? In a business sense, this would be called "discriminatory pricing" or "consumer segment pricing". More about pricing here: http://www.joelonsoftware.com/articles/CamelsandRubberDuckies.html


>>> Scott Commented on January 23, 2006

Payday loans wouldn't be so objectionable if the result of this "service" wasn't in fact a disservice to customers. PDL companies maximize their profits not by receiving payment in full on schedule for high interest rates, but perpetually rolling over the balance of the loan and assessing bi-weekly interest rate charges and processing fees on those who cannot pay the balance. PDL companies seek not to help customers through financial difficulty, but bind them to their service and keep them forever one paycheck behind their expenses.

Fortunately, there are a growing number of alternatives. Urban credit unions have started rolling out micro-lending programs in recognition of the need of short term financing. For an up front fee and a reasonable interest rate, customers receive a lump sum and typically pay the balance within 30-90 days. Default rates have been very low, indicating this can be a profitable, mutually beneficial service that doesn't have the same sort of exploitative nature as PDLs.

Credit unions foster growth in under-serviced urban and rural areas by providing short term financing, car loans, mortagages, and small business loans, while PDL companies suck out what little economic vitality exists in these underprivileged areas.



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