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CREDIT UNION
YOUR
BROUGHT TO YOU BY
Predatory
LENDING
Identifying Abusive
or Unfair Lending
Practices
Y O U R G U I D E T O
Predatory Lending
COMES IN MANY FORMS
PREPAID DEBIT
PAWNBROKERS
•	 Individuals or businesses that offer
secured loans to people, with items of
personal property used as collateral
•	 The word pawn is likely derived from the
15th century French word pan, meaning
pledge or security, and the items
pawned to the broker are themselves
called pledges or pawns, or simply
the collateral
PAYDAY LENDERS
•	 Offer payday loans (also called payday
advances, salary loans, payroll loans,
small dollar loans, short-term loans or
cash advance loans)
•	 These are small short-term unsecured
loans, regardless of whether repayment
is linked to a borrower’s payday
PREPAID DEBIT
PREPAID DEBIT CARDS
•	 Typically not considered predatory
•	 However, some of these cards have
been criticized for their higher-than-
average fees (such as a flat fee
added onto every purchase made
with the card)
LOAN SHARKS
•	 Individuals or groups who offer loans
at extremely high interest rates
•	 The term usually refers to illegal
activity, but may also refer to predatory
lending activities like payday or
title loans
•	 Loan sharks sometimes enforce
repayment by blackmail or threats
of violence
Look for these
TELLTALE
WARNING SIGNS
Failure to
present the
loan price as
negotiable
•	 Most reputable lenders will negotiate
the price structure of the loan with
you, the borrower
•	 In some situations, you can even
negotiate an outright reduction in
the interest rate or other charges on
the loan
•	 Don’t be afraid to ask
Unjustified
risk-based
pricing
•	 This is the practice of charging
a lot more—in the form of higher
interest rates and fees—for extending
credit to consumers who are identified
by the lender as posing a greater credit
risk than others
•	 While a modest increase to cover
potential loss is justifiable, watch out for
exorbitant rates and fees being charged
to cover unjustified risk
Failure to
clearly and
fully disclose
terms and
conditions
•	 This happens most when an
unsophisticated borrower is involved,
especially with home loans
•	 Mortgage loans are complex
transactions involving multiple parties
and dozens of pages of legal documents
•	 In the most egregious of predatory
cases, lenders or brokers have not only
misled borrowers, but have also altered
documents after they have been signed
Short-term
loans with
disproportionally
high fees
•	 These short-term loans can come in
the form of payday loans, credit card
late fees, checking account overdraft
fees and tax refund anticipation loans
•	 The fee paid for advancing the money
for a short period of time works out
to an annual interest rate significantly
in excess of the market rate for
high-risk loans
Understanding
ANNUAL
PERCENTAGE RATE
APR
Knowing how the annual
percentage rate (APR) is
calculated is the key to
understanding your true
cost of borrowing
•	 As a form of consumer protection,
lenders (banks, credit unions and
financing companies) are required to
disclose the cost of borrowing in a
standardized way to make it easier to
compare lenders and loan options
•	 In the United States, the calculation and
disclosure of APR is governed by the
Truth in Lending Act (which is implemented
by the Consumer Financial Protection
Bureau in Regulation Z of the Act)
L O A N
$300
F E E
$50
T E R M
14 days
I N T E R E S T
–
You may see a payday lender’s late-night TV commercial
promoting a short-term, interest-free loan for a modest fee
W A T C H O U T F O R T H E F E E S
“ C A S H M O N E Y ” F O R A $501
F E E
*See the second-last slide for notes on these examples
W A T C H O U T F O R T H E F E E S
If you took two weeks to pay this
$300 loan back, it would cost $350
total. This may seem OK.
However, if you took one year to
pay back this $300 loan, it could
cost you more than $1,300—yikes!
Look very closely before you leap—all lenders are required
to disclose the effective APR of their loans in the fine print
435%3
E F F E C T I V E A P R
*See the second-last slide for notes on these examples
I T A D D S U P F A S T
How does the cost of that short-term $300 payday loan
compare with other credit products?
Comparing the costs
of a $300 loan taken
for 14 days1
Payday
loan
Credit card
cash advance
Overdraft
protection on a
bank account
Borrowing
from a line of
credit
Interest – $2.13 $2.42 $1.15
Applicable fees $50.00 $2.00 –2
–
Total cost of loan $50.00 $4.13 $2.42 $1.15
Cost of loan expressed as a
percentage of the amount
borrowed3
435%
per year
36%
per year
21%
per year
10%
per year
*See the second-last slide for notes on these examples
AV O I D T H E D E B T T R A P
•	 If you get behind on a traditional loan from a
credit union or bank, you (the borrower) pay
late fees or penalty fees only one time
•	 The payday loan “debt trap” forces you to pay
fees every month
•	 In the end, revolving payday loan fees increase
your debt load and financial hardship
•	 This vicious cycle can lead you into bankruptcy,
rather than helping you get back on your feet
1
	 The costs and fees shown in these examples are for illustration purposes only.
2	 The monthly service fee that you pay for your banking service package often
covers any processing fees for overdraft protection. To be sure, check your
account agreement or check with your financial institution.
3	 This is an estimate of the annual cost of the loan. This is calculated by adding
together all of the fees, charges and interest charged after 14 days, and
projecting the costs over a one-year period.
“Your logo could be here instead!”
CREDIT UNION
YOUR
Sources: Center for Responsible Lending, US Federal Reserve, USLegal.com
It’s a Money Thing is a registered trademark of Currency Marketing
BROUGHT TO YOU BY

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Predatory Lending - It's a Money Thing

  • 1. “Your logo could be here instead!” CREDIT UNION YOUR BROUGHT TO YOU BY Predatory LENDING
  • 2. Identifying Abusive or Unfair Lending Practices Y O U R G U I D E T O
  • 5. PAWNBROKERS • Individuals or businesses that offer secured loans to people, with items of personal property used as collateral • The word pawn is likely derived from the 15th century French word pan, meaning pledge or security, and the items pawned to the broker are themselves called pledges or pawns, or simply the collateral
  • 6. PAYDAY LENDERS • Offer payday loans (also called payday advances, salary loans, payroll loans, small dollar loans, short-term loans or cash advance loans) • These are small short-term unsecured loans, regardless of whether repayment is linked to a borrower’s payday
  • 7. PREPAID DEBIT PREPAID DEBIT CARDS • Typically not considered predatory • However, some of these cards have been criticized for their higher-than- average fees (such as a flat fee added onto every purchase made with the card)
  • 8. LOAN SHARKS • Individuals or groups who offer loans at extremely high interest rates • The term usually refers to illegal activity, but may also refer to predatory lending activities like payday or title loans • Loan sharks sometimes enforce repayment by blackmail or threats of violence
  • 10. Failure to present the loan price as negotiable • Most reputable lenders will negotiate the price structure of the loan with you, the borrower • In some situations, you can even negotiate an outright reduction in the interest rate or other charges on the loan • Don’t be afraid to ask
  • 11. Unjustified risk-based pricing • This is the practice of charging a lot more—in the form of higher interest rates and fees—for extending credit to consumers who are identified by the lender as posing a greater credit risk than others • While a modest increase to cover potential loss is justifiable, watch out for exorbitant rates and fees being charged to cover unjustified risk
  • 12. Failure to clearly and fully disclose terms and conditions • This happens most when an unsophisticated borrower is involved, especially with home loans • Mortgage loans are complex transactions involving multiple parties and dozens of pages of legal documents • In the most egregious of predatory cases, lenders or brokers have not only misled borrowers, but have also altered documents after they have been signed
  • 13. Short-term loans with disproportionally high fees • These short-term loans can come in the form of payday loans, credit card late fees, checking account overdraft fees and tax refund anticipation loans • The fee paid for advancing the money for a short period of time works out to an annual interest rate significantly in excess of the market rate for high-risk loans
  • 15. APR Knowing how the annual percentage rate (APR) is calculated is the key to understanding your true cost of borrowing
  • 16. • As a form of consumer protection, lenders (banks, credit unions and financing companies) are required to disclose the cost of borrowing in a standardized way to make it easier to compare lenders and loan options • In the United States, the calculation and disclosure of APR is governed by the Truth in Lending Act (which is implemented by the Consumer Financial Protection Bureau in Regulation Z of the Act)
  • 17. L O A N $300 F E E $50 T E R M 14 days I N T E R E S T – You may see a payday lender’s late-night TV commercial promoting a short-term, interest-free loan for a modest fee W A T C H O U T F O R T H E F E E S “ C A S H M O N E Y ” F O R A $501 F E E *See the second-last slide for notes on these examples
  • 18. W A T C H O U T F O R T H E F E E S If you took two weeks to pay this $300 loan back, it would cost $350 total. This may seem OK. However, if you took one year to pay back this $300 loan, it could cost you more than $1,300—yikes! Look very closely before you leap—all lenders are required to disclose the effective APR of their loans in the fine print 435%3 E F F E C T I V E A P R *See the second-last slide for notes on these examples
  • 19. I T A D D S U P F A S T How does the cost of that short-term $300 payday loan compare with other credit products? Comparing the costs of a $300 loan taken for 14 days1 Payday loan Credit card cash advance Overdraft protection on a bank account Borrowing from a line of credit Interest – $2.13 $2.42 $1.15 Applicable fees $50.00 $2.00 –2 – Total cost of loan $50.00 $4.13 $2.42 $1.15 Cost of loan expressed as a percentage of the amount borrowed3 435% per year 36% per year 21% per year 10% per year *See the second-last slide for notes on these examples
  • 20. AV O I D T H E D E B T T R A P • If you get behind on a traditional loan from a credit union or bank, you (the borrower) pay late fees or penalty fees only one time • The payday loan “debt trap” forces you to pay fees every month • In the end, revolving payday loan fees increase your debt load and financial hardship • This vicious cycle can lead you into bankruptcy, rather than helping you get back on your feet
  • 21. 1 The costs and fees shown in these examples are for illustration purposes only. 2 The monthly service fee that you pay for your banking service package often covers any processing fees for overdraft protection. To be sure, check your account agreement or check with your financial institution. 3 This is an estimate of the annual cost of the loan. This is calculated by adding together all of the fees, charges and interest charged after 14 days, and projecting the costs over a one-year period.
  • 22. “Your logo could be here instead!” CREDIT UNION YOUR Sources: Center for Responsible Lending, US Federal Reserve, USLegal.com It’s a Money Thing is a registered trademark of Currency Marketing BROUGHT TO YOU BY