Tag Archives: payday lending regulations

Council Should Vote For Payday Lending Regs

It’s just the right thing to do. But if there are members of City Council who want to talk about “free markets” or claim they haven’t heard anything from the community, Lisa Falkenberg at the Chron has a hard-hitting article this morning, including quotes from those affected by the predatory lending practices of the industry. And then this.

Guerrero said it never occurred to her to call her councilman: “I just never thought the City Council was involved with, you know, all these little loan places out there.”

I asked the grandmother the same question: Why hadn’t she complained to her councilman about her struggles with the loan companies?

“The truth is,” she told me, “I’ve never had anybody like you come up to me and show some kind of interest. I didn’t know there was somebody out there who had somebody’s back. There’s a lot of questions that we the people have. But there’s nobody out there to hear us.”

Do you hear them now, Councilman Rodriguez?

C’mon, this is a financial issue for most families, why would most think about going to their Council member for help? A State Rep., maybe, but it’s obvious that some State Reps have been influenced by the same lobbyists and PACs, so, they probably would have met the same walls. That said, as Falkenberg mentions, the lack of movement by the Texas Legislature has now placed the opportunity to do something about this problem in the hands of City Council members, thanks to Mayor Annise Parker.

There are other members of Council who might use terms like, “personal responsibility” to describe those who cannot get ahead of these loans. But the practices, as described by Falkenberg and those interviewed, say much about the industry as it is today and how the loan process is designed to do exactly what it is doing to families. All a politician who is interested in “industry” dollars for a 2015 run for something has to do is open their eyes–or take off the blinders.

When I went off to college, my parents would worry about my finances at least a few times a year and wanted to make sure I had a few bucks in my pocket–usually as I waited for my grant/loan check to be released. So, they’d visit the local “loan company”–a pawn shop and short-term loan place. Everyone in town knew him as “El Pat,” a white dude who built his business and relied on the Chicanos in the town. High interest? Sure. Predatory? Certainly not how things are today. Then again, we’re talking about the late 80s. Years and years of Republican promotion of the “free market” have allowed the industry to run amok.

Are these businesses needed? And will these businesses still make sizable profits–even enough to pay for an extra lobbyist–with these regulations? Yes to both.

So, the smart thing is to simply vote yes–or at the very least, allow an up or down vote.

Kuff has some background. Texpatriate supports the regs, too.

Mayor Parker Proposes Payday Lending Regulations

This is something I had been awaiting for a while. Here are the specifics.

With support from other major Texas cities and numerous advocacy groups, Mayor Annise Parker today unveiled proposed regulations for payday lending in Houston. The mayor’s plan establishes minimum business practices for payday lending institutions and mirrors ordinances previously adopted in Austin, Dallas, El Paso, San Antonio and several smaller Texas cities.

“I had initially favored a Houston-specific measure, but decided that joining with other Texas cities in a united front on this issue is the best way to send a strong message to the Texas legislature,” said Mayor Parker.  “Lenders deserve to make a profit on their investments, but not by charging astronomical interest rates to desperate consumers who have nowhere else to turn for emergency financial assistance.  The statewide model I am recommending for approval by Houston City Council achieves this balance.”

Payday and auto title loans are high cost, small-dollar loans offered to individuals without credit checks and little consideration for their ability to repay. The initial term is typically two weeks to one month, with the term usually determined based on the borrower’s pay cycle. A borrower who fails to make a payment on an auto title loan could wind up losing his means to get to work and take his children to school.

Under existing Texas law, there is no limit to the fees that payday lenders and auto title businesses can charge and no limit on the number of times they can charge high-fees for essentially the same loan – often trapping borrowers in a cycle of debt where they are never able to pay down the loan.  For example, a fast cash payday advance of $500 that is rolled over five or more times could wind up costing $1200 or more.

Houston’s proposed ordinance would help alleviate this problem by:

  • Requiring payday loan and auto title loan businesses to register with the city annually
  • Limiting payday loans to 20 percent of the borrower’s gross monthly income
  • Limiting auto title loans to three percent of the borrower’s gross annual income or 70 percent of the vehicle value, whichever is less
  • Limiting single payment loans to no more than three refinances or rollovers and installment loans to no more than four installments
  • Requiring each installment, refinance, or rollover payment to reduce the total principal owed by at least 25 percent
  • Defining a rollover or renewal as a loan within seven days of the previous loan
  • Requiring loan agreements to be written in easy-to-understand language
  • Requiring contact information for nonprofits offering financial literacy and cash assistance

This sounds OK to me. There’s no doubt that folks have a need for emergency loans–heck, I’ve been there as a college student awaiting the arrival of the student loan check with rent due a week before disbursement. And as a college student, there’s no doubt that there was an uneasy feeling that one may  lose a crappy, yet running, vehicle.

That said, there’s also some responsibility on the part of the borrower, but I think this proposal provides for a good shot at fairness for all.

Senator Sylvia Garcia had this to say:

I applaud Mayor Parker and the Houston City Council for presenting a package of payday lending regulations to protect our citizens from unscrupulous payday lenders. The proposed package is modeled after an ordinance that was passed by the City of San Antonio and other major urban cities. I look forward to supporting Mayor Parker and the city council’s efforts to pass a Houston ordinance as quickly as possible.

So, let’s hope this gets passed in December.