Senate weakens efforts to regulate payday loans
Wednesday, March 26, 2008
The Colorado Senate significantly weakened an effort to regulate payday lenders during a debate on the topic on Tuesday morning. Senators were discussing House Bill 1310 which sought to cap the annual interest rate on payday loans at 45 percent.
An amendment to allow the industry to charge origination fees on each loan was accepted as was a plan to allow finance charges of $20 on the first $100 loaned. Critics had charged the measure, as initially introduced, would chase away the nearly 600 payday lending businesses currently operating in Colorado. More than 290,000 Coloradans used the service which allows customers to borrow against their next paycheck. The terms of the loan have been targeted across the country as keeping lower-income residents in "spiraling cycles of poverty."
The measure was sent back to the Senate Appropriations Committee, as a financial literacy clause was also added to the bill that may involve state spending. Supporters acknowledged it was the only way to keep the bill alive.
"It's about consumers versus industry," said the measure's sponsor, Senate President Peter Groff (D-Denver). "The practice that we're talking about is usury. Going back to biblical times, governments have tried to deal with this immoral practice and it's immoral today."
In testimony at the Capitol, lawmakers have heard from Coloradans who were legally charged 521 percent interest on a $300 loan. People like Linda Donna, who originally took out a payday loan of $500 and ended up owing $3,600 to four different loaning companies. However, they also heard from those who run the payday lending businesses, who showed them their books and said their operating models could not support over-regulation. They said similar legislation in Oregon and North Carolina had caused the closure of many payday lenders, put a lot of people out of work and left their clients without financial help.
"Why is it that we are now going to regulate virtually out of business the only access that these people have to emergency cash," said Sen. Bill Cadman (R-Colorado Springs). "The 290,000 consumers that continually need access to cash right now isn't going to change. What's going to change is their availability to get it and this body should not inhibit that ability."The industry estimates the average person who gets a payday loan will end up taking out eight such loans. A state law passed last year was designed to guarantee that a no-interest payment plan must be established for someone taking out their fourth such loan. Testimony from the Colorado Attorney General's office suggested that measure was intentionally being circumvented.
"Those same people are coming back over and over and over again, meaning it isn't a one-time emergency," said Sen. Sue Windels (D-Arvada). "It's something they have become hooked into and can't get out of."However critics said taking away their choices would not help the process, but simply hurt it further.
"We can't make poor people better off by limiting their options," said Sen. Shawn Mitchell (R-Broomfield). "We can't make poor people better off by tying the hands of businesses which offer them products and services."This bill is well-intentioned, but the road to insolvency is paved with good intentions."The state House has already passed a tougher measure, meaning any bill that emerges from the Senate would mean a conference committee between the two chambers would be required to settle their differences.
Source:
http://www.9news.com/news/article.aspx?storyid=88756
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