Indeed, CFPB Director Richard Cordray, at field hearing last Thursday in Richmond, Virginia, said that many lenders rely on their "ability to collect" payments rather than on the customers' ability to repay loans, according to the bureau's research. Looking at the repayment rate among defaulted borrowers in North Dakota, Montezemolo says, I would suspect it has to do with debt collection activities, not your ability to repay the loans.
The CFPB, for example, levied a 10 million enforcement action last year against the large payday lender ACE Cash Express, citing, in part, illegal debt collection tactics -- including harassment and false threats of lawsuits or criminal prosecution -- to pressure overdue borrowers into taking out additional loans they could not afford. " Overdrafts from borrowers bank accounts also insulate lenders from defaults, according to the Center for Responsible Lending. Using a separate dataset of 52 payday borrowers, the study found that 33 percent experienced an overdraft on the same day cash advance rhode island made a payday loan payment.
Its what the researchers call an cash advance rhode island default," since it never shows up on the payday lenders books. If not for overdrafts, serving to paper over defaults, the actual default rate would likely be higher, and would illustrate greater borrower distress, Montezemolo says. The CFPB will soon convene talks with small business leaders who would be affected by the proposed rules, and the agency has said it will continue to solicit feedback from the public as it drafts the regulations.
Eventually, a formal public comment period would follow. The bureau's proposal has already drawn loud criticism from industry representatives who say the rules would be too stringent, and would choke off access to credit.
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