The News & Observer PrintClose Window  


Published: March 23, 2005
Fairness in lending

Edition: Final
Section: Editorial/Opinion
Page: A12
March 23, 2005

North Carolina learned an important lesson from its three-year experiment with payday lending: Even small payday loans can be used to prey on desperate people. The state nonetheless was willing to extend its permission for payday loans in 2001 with some added protections for consumers. The industry balked, preferring to have no state legal framework to one that pinched its profits.

Since then, the industry's renegades have exploited a federal loophole to keep prowling for business here. Their business model is to allow borrowers to obtain cash by writing postdated checks, which aren't cashed until after the customer's next payday.

Credit history isn't an issue with these companies, but the 15 percent fees they typically charge amount to triple-digit annual interest rates. All too often, it's low-wage earners -- folks without bank accounts and credit cards -- who are trapped in one costly loan after another. A new study by the Center for Responsible Lending shows that in North Carolina, payday lenders have concentrated in neighborhoods with large numbers of African-Americans.

With 22,000 outlets nationwide, about 400 of them in this state, this relatively young industry now hauls in profits of $6 billion a year. Some of that money is expected to be invested in lobbying for a law sanctioning the business in North Carolina. Tugging in the opposite direction are consumer groups, which have filed five lawsuits against payday lenders operating here through out-of-state banks.

Whatever they do, lawmakers shouldn't provide these lenders aid and comfort. Any enabling statute must go beyond keeping loans small. North Carolina must hold down fees, forbid payment of one payday loan with another, and prohibit lending to someone indebted to another payday lender. An industry must be willing to play fair with its customers before it is welcomed here or in any other state.

 

Copyright 2005 by The News & Observer Pub. Co.
Record Number: idsoyk89
McClatchy Company