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Alabama Asset Building Coalition
History of Payday Lending
September 29, 20114
SFEPD SEVENTH ANNUAL FINANCIAL LITERACY
LEADERSHIP CONFERENCE
Our Mission
To promote and support programs, policies and initiatives that lead to asset building, asset retention, and economic security.
Objectives• Provide support to organizations that are engaged in asset building
initiatives
• Identify asset building opportunities and implement programs & initiatives with identified partners and stakeholders
• Serve as an education and training resource for asset building practitioners
• Work with policy partners in advocating for improved public policies that support asset building for our low-to-moderate income citizens of Alabama
AABC’s Mission
HISTORY Informal lending Rise of bank lending “Black market” lending and loan sharks The rise and fall of reform
Property of Stephen Stetson of Alabama Arise
General Stores and Credit
Property of Stephen Stetson of Alabama Arise
Emergence of Bank Lending
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The National Push for 36 Percent
1914 – 1943: 34 States adopt a version of the uniform small loan law
1960s: Credit Cards Emerge / Consumer Protection Laws
1980s: De-regulation and Lending InnovationDepository Institutions Deregulation and Monetary Control Act
Source: National Consumer Law Center; April 2013
1959: Alabama Small Loan Act
Legislative findings recognize the need for credit and its connection to protecting the public welfare
Sets a rate “not exceeding three percent a month” on loans for less than $1,000
Quadruples allowable interest rates - from existing usury law (8%) to 36% APR
Does not cover: banks, pawn transactions or payday loans
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Breaking the Small Loan Act
1960s-1990s: Small Loan Act – 36% A rising trend in pawns shops: from guitars
to cars A new invention from TN: the payday loan Very Profitable
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Fringe Lending Legitimized
Payday loans: The 1990s: Payday industry grew significantly.
Flying largely under the radar, charged interest rates far above the then-allowable 36%.
2003: Alabama Legislature carved out additional exceptions: Deferred Presentment Services Act passed, allowing 456% APR.
Title loans: 1993: Alabama Supreme Court classified title
lenders as pawnbrokers. Title loans are still governed by Alabama Pawnshop Act (300% APR).
Alabama Asset Building Policy Conference 7/24/13
HOW IT WORKS
Payday loan: Must have a
checking account Present a check post-
dated for the amount borrowed (>$500)
10 to 31 day loan term
Laden with fees; encourages rollover
456 percent APRProperty of Stephen Stetson of
Alabama Arise
HOW IT WORKS
Title loan: Must own vehicle
title No cap on loan
amounts Usually half amount
of vehicle value 30 day loan term 300 percent APR
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WHAT’S WRONG?
1. The Cost2. The Cycle3. The Moral Argument
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The cost of predatory loans
Strips wealth out of communities Prevents asset building and savings Prevents people from paying bills Domestic strife Property values from payday storefronts
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The dangers of cyclical borrowing
Average borrower takes out 8 or 9 payday loans per year
212 days out of the calendar year in debt Designed this way: repeat borrowers are
repeat profits Debt treadmill and financial quicksand Not using them as emergency sources of
credit
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The Moral Argument
The Bible on Usury“If thou lend money to any of my people that is poor by thee, thou shalt not be to him as a usuer, neither shall thou lay upon him usury.” – Exodus 22:25 (King James)
Other scriptures Leviticus, 25:35-37 Ezekiel 18: 8-17 Ezekiel 22:16-16 Proverbs 28: 6-9 Luke 6:33-35 Matthew 5:42
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REFORM?
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REFORM
The Military Lending Act of 2007
17 States & DCLocal ordinances
ALABAMA:No legislative action 2007-2014
Property of Stephen Stetson of Alabama Arise
Property of Stephen Stetson of Alabama Arise
Rate Caps
The AABC Fight
Mission: to Educate the Public and the Alabama Legislature
Printed booklets and educational materials Hosted Town hall meetings across the state Produced a 22 minute video with stories from victims
and experts. Showing on the AABC website, YouTube, and a DVD being mailed to the Alabama Legislative body, to faith-based organizations and community groups all over the state
Strategizing with the Alliance for Responsible Lending in Alabama(ARLA), (an organize that AABC helped to start)
What Progress has been Made?
Got The Governor’s support ARLA worked with the State Banking
Department to establish regulations requiring a data base to be establish of all payday lending establishments
Fast growing support from the community Bi-partisan support Recently got the support of the League of
Municipalities.
2015 IS OUR YEAR!
Michael E Milner Executive Director
Alabama Asset Building Coalition 601 19th Street, 2nd Floor
Birmingham, Alabama 35203 205 731-4000
205 602-9805 cell 205 731-4355 fax
Contact Information