cfpb payday lending laws and debt prevention

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The Consumer Financial Protection Bureau (CFPB) has implemented laws to regulate the payday lending industry, aimed at preventing debt traps and protecting consumers.

Under the CFPB's rules, payday lenders must verify a borrower's income and other financial information before issuing a loan.

Payday lenders must also limit the number of times a borrower can take out a loan, known as the "cooling-off period".

If a borrower is unable to pay back a loan, the CFPB requires lenders to provide clear information about the debt and any available alternatives, such as debt management plans.

Borrowers who are struggling to pay back a loan can seek help from the CFPB, which offers resources and guidance on debt prevention and management.

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CFPB's Actions

The CFPB has been actively involved in regulating the payday lending industry. They issued a rule in 2017 to protect consumers from predatory lending practices.

One key aspect of the rule is the requirement for lenders to verify a borrower's ability to repay the loan. This includes checking their income, expenses, and debt obligations.

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The CFPB also implemented a database to track payday lenders and their activities. This database helps to identify and shut down lenders that engage in deceptive or unfair practices.

The CFPB's actions have led to a significant decline in payday lending. In 2019, the number of payday loan stores in the US decreased by 22%.

Payday Lending Costs

Payday lending costs can add up quickly, and it's essential to understand what you're getting into before taking out a loan.

The finance charge is the main cost associated with payday loans. This is the interest charged on the loan, and it's typically calculated as a percentage of the loan amount.

Some payday lenders may also charge other fees, such as repayment plan fees, if your state requires it. These fees can vary depending on the state and lender.

Late fees are another potential cost of payday loans. If you don't repay the loan on time, the lender might charge a late or returned check fee, depending on state law.

Your bank or credit union may also impose an NSF or non-sufficient funds charge if your check or electronic authorization is not paid due to a lack of funds in your account.

A fresh viewpoint: Payday Loan Laws by State

Debt Trap Prevention Rule

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The Debt Trap Prevention Rule is a crucial component of the CFPB's efforts to regulate payday lending.

The rule requires lenders to determine a borrower's ability to repay a loan before issuing it, which is a huge step forward in preventing debt traps.

Borrowers must be able to afford the loan payments without sacrificing basic living expenses, such as rent, utilities, and food, as stated in the rule.

The rule also limits the number of consecutive short-term loans a borrower can take out to eight, and the number of loans in a 180-day period to three.

This limitation is designed to prevent lenders from taking advantage of borrowers who are struggling to make ends meet and are forced to take out multiple loans to cover their expenses.

By limiting the number of loans, the rule reduces the risk of debt traps and helps borrowers avoid a cycle of debt that can be difficult to escape.

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You'll need to pay attention to your payment schedule to avoid any issues. The Payday Lending Rule defines an unusual withdrawal as a payment transfer that varies in amount from the regularly scheduled payment amount.

Even small variations in the payment amount can trigger an unusual payment withdrawal notice, which the lender must provide in advance. This notice is required regardless of the amount difference.

If you're having trouble repaying your loan, some states require lenders to offer extended repayment plans, which can give you additional time to pay off the loan without incurring extra fees. These laws vary by state, so it's essential to check your state's requirements.

Late fees can also apply if you don't repay the loan on time, and these fees can vary depending on state law. Your bank or credit union may also charge an NSF fee for unpaid checks or electronic authorizations.

Discover more: Lendingclub Fees

Felicia Koss

Junior Writer

Felicia Koss is a rising star in the world of finance writing, with a keen eye for detail and a knack for breaking down complex topics into accessible, engaging pieces. Her articles have covered a range of topics, from retirement account loans to other financial matters that affect everyday people. With a focus on clarity and concision, Felicia's writing has helped readers make informed decisions about their financial futures.

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