The Texas State Law Library reference librarians have compiled legal research guides for specific areas of the law. These guides contain resources that can help you research a legal issue. News Five At Five: In response to requests for assistance from cities across the state, TML has set up a website providing background information on payday and auto title lending, an example ordinance similar to the one already adopted by six Texas cities, and copies of the pleadings in lawsuits payday lenders have filed against cities to try to stop enforcement of the new rules on their business practices. This weakened competition and caused the development of cartel behavior. Retrieved January 22, To view the agenda cover sheet, click here.
Federal Trade Commission consumer information page provides information about car title loans, payday loans, and cash advances. FAQ - Texas Fair Lending Alliance This organization's webpage provides answers to frequently . A payday loan lender may not: (1) Make or renew a payday loan at a rate of interest that exceeds 36 percent per annum, excluding a one-time origination fee for a new loan. (2) Charge during the term of a new payday loan, including all renewals of the loan, more than one origination fee of $10 per $ of the loan amount or $30, whichever is less. Unfortunately, some payday lending operations have employed deception and other illegal conduct to take advantage of financially distressed consumers seeking these loans. The FTC enforces a variety of laws to protect consumers in this area.
Notably, a stampede of payday lobbyists left the Senate gallery at that point. By an vote, the Senate approved an amendment that would cap rates at 36 percent APR, a move that would probably shut down the payday and title loan business in Texas.
Wendy Davis D-Fort Worth , who has made payday loan reform one of her top priorities, also secured an amendment to close the loophole that allows these lenders to charge unlimited fees. The action now moves to the House… and wherever else the hired guns do their business.
How Would That Affect Texans? Most Recent in Environment: It Really Has No Choice. Most Recent in Border: This is the New Future of Water Infrastructure.
Most Recent in Criminal Justice: Most Recent in Education: What has the state done or not done to reign in predatory lending practices? What happened during the regular legislative session that leaves cities as the last line of defense? T he Town of Flower Mound has become the seventh Texas city to adopt an ordinance. Of course, the common law rule is that a fee should approximate the amount needed to administer the ordinance. Thus, the fee amount can be set by each city accordingly.
To view the agenda cover sheet, click here. July 26, , Update. While many other states have enacted laws to restrict predatory lending practices, meaningful reforms have failed to pass the Texas Legislature in the last three sessions.
Free of any statewide cap on lending fees, limits on loan rollovers, and other restrictions, the number of payday and auto title loan stores in Texas has exploded with over 2, new storefronts opening in the last six years.
In the absence of state action, Texas cities are stepping up to adopt ordinances to protect their citizens from some of the worst predatory practices of this industry. Payday lending is a practice where a person can walk into a store, typically located in a strip mall, and take a cash advance on his or her next paycheck. The interest rates on the loans are very high. Interest rates, when fees are included, often exceed percent APR.
Fifteen states limit the APR to 36 percent. The products are marketed as two-week or one-month loans, but the vast majority of borrowers refinance, often six to ten times. In addition to the traditional short-term payday loan, companies have started to offer expensive longer term installment loans. Borrowers who fall behind on payments can refinance multiple times; meanwhile, the interest and other fees keep piling up.
With the proliferation of the credit access business industry comes increased concerns about the harmful effects of Texas citizens entering a cycle of debt and dependency. Some cities are also concerned about public safety and the effect the businesses may have on property values. As a result, both the state legislature and a handful of Texas cities have taken steps to regulate this industry.
In , the legislature addressed some of these concerns by passing legislation that both requires credit access businesses to provide consumer disclosures regarding their loan products, fees, interest charges, and percentage rates, as well as requires them to obtain a license with the OCCC operating under the oversight of the Finance Commission of Texas , which in turn has some ability to examine these businesses.
Some Texas cities viewed the legislation as insufficient to address the growth in the credit access business industry in their communities, and have since adopted ordinances that place additional restrictions on these businesses. The ordinances that have been adopted include zoning restrictions, substantive business regulations such as a limitation on the total amount of the loan, or both. Several bills were filed during the legislative session that would have increased regulation of the credit access business industry.
Other bills were filed at the behest of the credit access business lobby that would have preempted all city ordinances regulating the industry, including in some cases generally-applicable zoning and other health and safety ordinances.
In the end, no legislation dealing with payday and auto title lenders passed in Consequently, under current law cities are not expressly prohibited from adopting ordinances regulating the credit access business industry in any way, including ordinances restricting business practices. There are likely to be more at the time of this publication. All of these cities — except for Balcones Heights — have been sued by the credit access business industry, with the industry claiming that the cities are preempted from regulating credit access businesses since the legislature gave the OCCC some authority to regulate in Balcones Heights has suspended enforcement of its ordinance pending the outcome of the San Antonio lawsuit.
This argument falls flat in two ways. First, only six out of roughly 1, Texas cities have adopted ordinances. Debtors' prisons were federally banned in , but over a third of states in allowed late borrowers to be jailed. In Texas, some payday loan companies file criminal complaints against late borrowers.
Texas courts and prosecutors become de facto collections agencies that warn borrowers that they could face arrest, criminal charges, jail time, and fines. On top of the debts owed, district attorneys charge additional fees. Threatening to pursue criminal charges against borrowers is illegal when a post-dated check is involved, but using checks dated for the day the loan is given allows lenders to claim theft.
Most borrowers who failed to pay had lost their jobs or had their hours reduced at work. From Wikipedia, the free encyclopedia. Retrieved October 23, Retrieved August 27, Consumer Financial Protection Bureau.
Retrieved January 22, Tribal Immunity and Internet Payday Lending". Archived from the original on July 26, Retrieved November 7, An Effective Consumer Protection Measure". Retrieved June 14, Archived from the original PDF on March 21, Retrieved March 22, Archived from the original PDF on July 16, Retrieved October 3, Archived from the original on September 20, Credit Markets for the Poor.
How the Other Half Banks: Exclusion, Exploitation, and the Threat to Democracy. United States of America: Welcome to the birthplace of payday lending". Retrieved January 7, Retrieved June 13, Will Anything Better Replace It?
The Atlantic May The Atlantic Monthly Group. Retrieved June 15, Retrieved June 16, The New York Times. The Journal of Consumer Affairs. Retrieved 13 June Retrieved 14 June The Pew Charitable Trusts. Retrieved June 21, Households, Center for Responsible Lending. California Financial Service Providers Association.
Center for Responsible Lending. Payday loans by country. Retrieved from " https: Finance in the United States. All articles with dead external links Articles with dead external links from March CS1 errors: Views Read Edit View history.