Merkley: Good riddance to predatory payday loan shops

Kari Chisholm FacebookTwitterWebsite

The plague of payday loan shops in Oregon has been well-documented here at BlueOregon.

In 2004, Chuck Sheketoff noted that "Payday Loan Shops Outnumber McDonalds and Bankrupcy Filings Outnumber College Degrees"

In 2006, Jeff Alworth took note of the curious relationship between "[Karen] Minnis and Payday Loan Companies"

In 2007, guest columnist Patty Wentz took us inside "Inside the world of the payday loan sharks" and near the end of the legislative session, many BlueOregon readers celebrated "Jeff Merkley's big win against predatory payday loans".

Yesterday, Speaker Jeff Merkley took a moment to celebrate the closing of twelve Check Into Cash outfits.

Merkley paydayloans

Blogging at the Oregonian, Jeff Mapes:

Politicians running for office don't usually like to brag about driving businesses and jobs out of the state, but there was House Speaker Jeff Merkley, D-Portland, on Thursday afternoon toasting the impending demise of the Check into Cash chain of payday loan stores in Oregon.

Merkley cracked open a bottle of sparkling juice, poured drinks and complained that the high-interest-rate lenders had been "stripping wealth from Oregonians" before the Legislature cracked down on them. "We're here to say they're leaving the state and we're happy about it," said Merkley. ...

State officials say there are only about 100 payday and title loan lenders left in the state, compared to 329 before a new law took effect July 1 capping interest rates at 36 percent.

At the Portland Mercury:

“We’re celebrating the departure of Check Into Cash, which is checking out of Portland,” Merkley says. Because of a cap on interest that payday lenders can charge in Oregon—it’s 36 percent now, as opposed to the previous 300 to 500 percent annual interest, thanks to state legislation Merkley spearheaded—”they say they just can’t squeeze enough profit out of Oregonians,” Merkley says.

He’d like to cap payday lenders’ interest rate nationally, and add “tough new restrictions on loans sold over the internet,” if he makes it into the Senate.

Don't let the screen door hit you into the ass on your way out, boys.

[Full disclosure: My firm built Jeff Merkley's campaign website, but I speak here only for myself. Photo from the Portland Mercury's website.]

  • (Show?)

    As I said over on Amy's post at Blogtown, those 300 to 500% payday loans are financial tapeworms. Sure, but you're slowing being starved to death while a parasite is enriched at your expense.

  • (Show?)

    This post should put an end once and for all to the claims that Kari is always shilling for his clients. No Merkley shill would post this photo of Gomer Pyle on the internet and try to pass it off as their candidate.

  • IWMPB (unverified)
    (Show?)

    Wow, very impressive Jeff. Rather than reaching a compromise and allowing individuals to be SOMEWHAT responsible for their own actions, you drove many Oregon small businesses out of the state. Fantastic.

    I agree there were predatory practices in some circumstances, but WHERE are these patrons now going for $$$????

  • (Show?)

    My recollection is that the fight in the Legislature was against "predatory lending." I strongly supported that effort, and I applaud the Speaker for leading the fight to end usury in Oregon.

    When the fight against "predatory lending" became one against "payday loan shops," I'm not sure. There is very clearly a market for what one might call microloans or short term lending, and there certainly shouldn't be any reason why that market can't be filled in some way under fair lending practices.

    Maybe the current extent of the payday loan shop structure well exceeds the capacity of the market to support all the shops we have now in Oregon. If some close because they can't make their business work profitably, to a certain extent that's the nature of economics. Businesses come and go.

    What strikes me as extraordinarily poor optics is CELEBRATING the shuttering of economic activity with a stunt like balloons and champagne, while otherwise innocent employees start looking for work and retail space goes vacant. Regardless of whether the previous practices of payday loan shops were ethical or not (and they weren't), what's positive about them going out of business entirely? It's akin to being a Redskins fan and celebrating Michael Irvin's legal trouble or career-ending injuries. Yeah, maybe the guy is/was a pox on the character of the NFL--but doing the "booya dance" over someone as they are put on a stretcher and taken off the field in agony just feels unseemly.

    Put it this way: would Merkley pop champagne in front of Countrywide headquarters as they went into receivership and laid off thousands--because they underwrote a lot of crappy ARM mortgages? I don't hear low income people saying they don't want short term loans--they just don't want loans that suck them dry on the sneak.

  • Katy (unverified)
    (Show?)

    Good for Merkley, there are so many of these slimy shops in district 47 preying on the poor. I'm glad he stood up for his constituents.

  • Jack Murray (unverified)
    (Show?)
    Posted by: torridjoe | Mar 28, 2008 12:08:39 PM

    Torridjoe, you've completely thrown out your progressive cred by going to deep in the tank for Novick that you use Republican rhetoric to blast Merkley.

    Just last year, you lauded Merkley's leadership for banning 500% interest rates, basically equating them with payday loan shops. The only thing those shops offer is predatory lending--there's no financial fairness to consumers in a payday loan store. You knew this back then.

    But suppose Merkley should take credit for his accomplishments and point out its positive effects and results? Well, that's just a bridge too far for you.

    Payday loan shops are not 'economic activity'--they're usury outlets, plain and simple. Why are these places going out of business? Because they can no longer charge someone 500% interest on a shitty loan. I'm sorry, but if you can't find another way to do business than screwing por people with their pants on, I don't have sympathy.

    And we should feel compelled to help payday loan employees because we put them and their predatory practices out of business?

    You're attacking Jeff Merkley from the right. And deep down, I think you know you're wrong.

  • Gary (unverified)
    (Show?)

    Who's bright idea was it that the best way to convince Oregon voters to vote Merkley was to make his first order of business to help everyone else in the country and not Oregon?

    We already passed payday loan reform in Oregon, right? So this bill doesn't help anyone in Oregon.

    Now I am no expert political strategist, but it seems to me that it would be more important to Oregon voters to talk about things that effect Oregonians; the war, home mortgage meltdown, and health care for all.

    I am voting for Merkley, but it kills me to see his campaign making decisions that at best have no value and at worst are counter-productive.

  • (Show?)
    Just last year, you lauded Merkley's leadership for banning 500% interest rates, basically equating them with payday loan shops.

    Link?

    Payday loan shops are not inherently bad, any more than check cashing places that take %30 of your check or whatever. And as I said, if a business is not able to make their model work and has to cease operations, sometimes that's just the way the market works. We certainly expected a retrenchment in the pervasiveness of those shops. But to openly celebrate their demise, and pretend that the people working for $8 an hour or whatever behind the counter are villains on par with the owners, just rubs me the wrong way. The more serious approach is to show sympathy for the collateral damage, and seek to find a way in which short term loans can be offered fairly and still show a profit--because the market for them is not going away, and the state will end up having to deal with the natural consequences of the market being unmet anyway.

  • Janet Reno (unverified)
    (Show?)

    [Off-topic ranting by someone who isn't Janet Reno deleted. -editor.]

  • (Show?)

    I should point out that at the 2006 Bus Project Rebooting Democracy conference out in Welches, it was Steve Novick and his Our Oregon colleagues (notably the hilarious Patty Wentz) who brought this issue to the forefront and presented a draft ballot measure to regulate payday lending. I have it on good authority that the highlight of her speech (the tossing of Payday candy bars into the audience) was Novick's idea.

    I like the idea of payday lenders ceasing to prey upon Oregon consumers, one way or another (regulation of their fees and interest rates = optimal).

    Something makes me queasy about an elected official celebrating the departure of any lawful business (maybe it's because I've seen so many neighborhood prudes celebrating closing down adult bookstores).

    Having said that, it is clearly a matter of Jeff Merkley's judgment whether to do so, and voters are free to make their own assessment. I won't pretend that my assessment is still open to influence, because in all fairness it isn't. To me this is a transparent stunt, and not all that clever a stunt either. The least he could have done was hand out candy bars.

  • Jack Murray (unverified)
    (Show?)

    Stephanie, that's just it: payday loan shops are now unlawful businesses in the state of Oregon.

    Why? Because they can't survive without charging usurious rates. They can't even survive by charging the super-high interest rate of 36% that's still lawfully allowed.

    If a business can't survive without doing something we the people all agree should be illegal, I think everyone should celebrate their departure from our state.

    Certainly Jeff Merkley deserves credit for casting away this parasitic scourge on the working class. He's the one who took personal responsibility to pass these laws in 2006 and 2007.

  • (Show?)

    If they obey the regulations that apply to them, like restrictions on fees and charges (including interest), are they not lawful?

    Why not? I'm just asking. I wasn't aware that the legislature had completely outlawed this form of business. If they had, shouldn't we see more of these "celebrations?"

  • (Show?)

    Looks like Ms. Reno is off her meds again. Must be trippin' at one of her famous Dance Partys...

  • (Show?)

    "Loaded Orygun, Nov 29, 2007"

    Funny, I count exactly ZERO references to "payday loan shops," and multiple references to "predatory lending." That would seem to jibe exactly with what I said earlier, wouldn't it?

  • (Show?)
    Why? Because they can't survive without charging usurious rates. They can't even survive by charging the super-high interest rate of 36% that's still lawfully allowed.

    So how long have you been a financial services expert, Jack?

  • (Show?)

    Posted by: Glen HD28 | Mar 28, 2008 1:32:04 PM

    Looks like Ms. Reno is off her meds again. Must be trippin' at one of her famous Dance Partys...

    LOL - no kidding... But did she really need to spam every single thread in the process?

  • Jack Murray (unverified)
    (Show?)

    TJ, I'm not an expert. Obviously, these shops are closing in response to legislation; that means they can't survive without doing something we jsut made illegal (and for good reason). Seems pretty obvious to me.

    In that Loaded Orygun article I cited, you mention 'payday loans' or 'loans' five times. You use 'payday loans' interchangeably with 'predatory lending' throughout that article. So does your source site.

    Why? Because 'payday loans' and 'predatory lending' are synonymous. Even predatory lending proponent Douglas P. Morgan recognizes them as synonymous, stating in his defense of payday loans that predatory lending is "a welfare reducing provision of credit." See Wikipedia's article for more examples of how predatory lending and payday loans are the same thing.

    You're backtracking in order to cover your own ideological inconsistency on payday loans. And that's because you'll do or say anything to make Jeff Merkley look bad.

    It's the only strategy you have for your preferred candidate, political consultant Steve Novick.

  • Jack Murray (unverified)
    (Show?)

    Stephanie, there's a difference between the de facto and de jure here.

    Legally speaking, payday loan stores must obey the state's cap on usurious interest rates, which is now set at 36%. Those payday loan stores that charge only 36% APR are still allowed.

    But the payday loan predatory lending model just doesn't work at 36%. Apparently, they can't make a profit if they're not completely screwing over poor people.

    That's what I mean by de facto illegal. They can't comply with the law, or they simple refuse to and are closing instead.

    It's utterly ridiculous for TJ to suggest sympathy for a company going out of business because they can't charge more than 36% APR. Insane.

    By the way, Canada has a national APR limit at about 50%. Jeff Merkley would bring the United States' limits under that of our northern neighbor.

  • (Show?)

    is that how you apologize for being wrong, Jack? You said I equated predatory lending with payday loan shops, then when I accurately point out by your own source that isn't true, you simply move the goalposts and drop the word "shops" from your argument.

    I have no problem with payday loans. I haven't a problem with payday loan shops, either. I do have a problem with predatory lending and lenders. By law, the businesses Merkley cheered for shutting down, were not issuing predatory loans.

    As for your in depth analysis of the business model, what do you suppose is keeping the other 170+ shops open? If just one stays open under the new rules, that kind of shoots your theory about their viability to shit, doesn't it? And if your premise is so obvious, why didn't the Leg simply ban al short term retail lending?

  • Steve Buckstein (unverified)
    (Show?)

    torridjoe said above: “The more serious approach is to show sympathy for the collateral damage, and seek to find a way in which short term loans can be offered fairly and still show a profit--because the market for them is not going away, and the state will end up having to deal with the natural consequences of the market being unmet anyway.”

    Researchers at the Federal Reserve Bank of New York documented the “collateral damage” from two other states’ payday loan bans in a report published last November. They found that in Georgia and North Carolina, after these loans were banned in 2004 and 2005 respectively, “households…have bounced more checks, complained more to the Federal Trade Commission about lenders and debt collectors, and filed for Chapter 7 bankruptcy protection at a higher rate.”

    So, celebrate if you wish, but understand that effectively putting payday loans firms out of business in Oregon will likely hurt, not help, the very people you were trying to protect. Source: Payday Holiday: How Households Fare after Payday Credit Bans

  • Jack Murray (unverified)
    (Show?)

    I'm not wrong. What's the difference between payday loans and payday loan shops? You're really splitting hairs here, trying to obfuscate the mess of sophistry you've created through your Novick shilling. You're the one creating goalposts that don't really exist.

    There's no difference between a shop that offers payday loans and that business's practice of lending.

    Payday loan shops offer payday loans, and that's about it. Payday loan shops, payday loans, Check-Into-Cash, they're all predatory lenders!

    And the number of payday loan shops is dwindling. There are only about 100 now, not 170, and that's down from 329 when the law took effect. I'd say the elimination of these shops is taking place pretty fast, though some may be staying open because they're a part of a national chain that can still screw people over in other states.

    Hence the need for a national law!

  • Jack Murray (unverified)
    (Show?)

    And there you have it. A Right-wing think tank ideologue (Buckstein) just agreed with torridjoe's analysis.

  • (Show?)

    I know Greenspan and Bernanke are conservatives, but I was unaware the US Federal Reserve had become a right wing think tank. Damn Bush administration!

    A payday loan is a lending instrument. A payday loan shop is where you can get a payday loan. Payday loans can be fair, or they can be usurious.

    Changing what kind of loans you offer--fair or unfair--does nothing to change the definition of "payday loans," nor does it affect the structure of a "payday loan shop." The problem, you seem to miss, is not with the building or the concept of offering short term loans. It's with predatory practices.

    You said I equated predatory lending with payday loan shops. Pressed to back that up, you failed. In other words, you were wrong. That YOU equate them, doesn't give you the right to pretend to people that I do.

  • Jack Murray (unverified)
    (Show?)

    "Payday loans can be fair, or they can be usurious."

    Payday loans are inherently usurious, and so are the shops that make them.

    But thanks for making the Republican case for payday loans once again. Just like your candidate, political consultant Steve Novick, is making the Republican case for Social Security's insolvency.

  • (Show?)

    as for staying open because you're part of a chain...? Yeah, applebees or rack room shoes just leave their failing outlets open year after year, hemorrhaging money for the company, because there are stores in other states that are doing OK. That makes PERFECT sense!

  • anon (unverified)
    (Show?)

    Interesting comparison came up above.

    Novick Cred: Had the fun idea to toss out Payday candy bars at a Rebooting Democracy conference to illustrate the problems with predatory lending.

    Merkley Cred: Successfully passed legislation to end predatory lending practices in Oregon, protecting vulnerable Oregonians all over the state.

    Candy bars vs. financial security. You decide.

  • Alex R. (unverified)
    (Show?)

    Way to dominate the comment board, torridjoe. Grown tired of conversations with the same 4 or 5 people over at Loaded Orygun? Getting many comments to your brilliant posts over there these days? Miss Carla much? Schmuck.

  • (Show?)

    A payday loan that complies with Oregon law may be morally usurious in my opinion or yours, but it is not in violation of applicable law regarding usury.

    If the Salvation Army set up a storefront at 3rd and West Burnside to make payday loans at 12%, would that be usurious by definition? Isn't usury about the interest rate and not about the operating format of the lender?

    As for the candy bars, "anon," if that is indeed your name, you can mock that all you want. But the bottom line is that both Steve and Jeff were using the tools they had at hand to try to help Oregon consumers. In Jeff's case, he was a member of the legislature. In Steve's case, his tools were a profound understanding of the initiative process and an ability to engage people creatively to attract them to his proposal.

  • (Show?)

    "Payday loans are inherently usurious, and so are the shops that make them."

    More of that financial knowledge being brought to bear?

    This fellow would seem to differ:

    A number of large credit unions are beginning to offer affordable cash advances to their members as a service, some with savings components to help borrowers save for future financial emergencies. The North Carolina State Employees Credit Union offers an alternative payday loan product, at 12% APR with no additional fees, that has given out $1 billion in small loans to nearly 100,000 members since its inception. The three largest credit unions in California all have affordable short-term loan products as well. Ultimately, what works is a reasonable interest rate cap. Congress determined that a 36% APR was high enough for the provision of credit to our military members and their families. It should be high enough for everyone else. [emphs me]

    How can they offer an affordable payday loan, if they're inherently usurious? That's amazing!

    Thanks for the love, Alex R.

  • Fr. John-Mark Gilhousen (unverified)
    (Show?)

    I'm happy to tip my glass of sparkling cider to Jeff Merkley for running this out-of-state corporate vulture out of our most blighted neighborhoods. There remain payday loan shops in Oregon presumably making a profit within the newly imposed legal limits, but merely turning a profit isn't enough for Check-into-Cash, which by their own decision to close their Oregon outlets shows that they are willing to settle for nothing less than obscene profits, and at the expense of those least able to bear the burden.

    I'm not a baloons and hoopla kinda guy, but I have spent more than thirty years of my life working with the victims of a woefully inadequate social safety net, and politicians unable or unwilling to protect them from the corporate equivalent of loan sharks. Businesses may claim that the customers which are driven to them out of desparate circumstances are merely exercising free market choices are laughably transparent in their self-serving arguments. To hear otherwise progressive activists echo those rationales turns my stomach.

    Of course regulating such industries as rent-to-own merchandisers and legalized loan sharks only treats a symptom of a much more serious disease of economic injustice and social inequality. But, while we work to address those larger issues, we cannot ignore the more immediate problems, especially as it translates into very real human suffering.

    I have spent countless hours setting up revolving no-interest loan funds administered by small private charities, and fundraising to get them started and keep them afloat -- to assist individuals in crisis prevent eviction, obtain uncovered medical assistance, or deal with other necessities of survival. The crises are so intense that some of those individuals had to get extensions to repay loans made to them even at zero interest; some were never able to repay them at all, hence the need to continue to solicit donors. I don't see how any of them could have ever loosed themselves from the shackles imposed by 500% annual interest rates, nor can I perceive any benefit to the State of Oregon by allowing out of state corporations to peddle them here.

    However enthusiastic one's support for his opponent, I am appalled by the notion that preventing Jeff Merkley from getting any credit for his work on legislation designed to protect this state's most vulnerable citizens, and his hope to do the same for people similarly situated throughout our country, could ever justify defending the profiteers who would prey on them in the name of "free market forces."

    Now, for the tiresome recital of disclaimers. I am on the state coordination team for Progressive Democrats of Oregon, and serve as its point person for the Second Congressional District. The organization has not endorsed either candidate in the Senate race. I am also a volunteer for the Jeff Merkley campaign. My anti-poverty work has been as a priest in the Augustinian Missionary Order, which of course does not involve itself in partisan politics.

  • Democratic Strength (unverified)
    (Show?)

    Good News

    Both candidates played important roles in fighting predatory, payday lending in Oregon. As one of the state's leading ballot initiative experts, Steve was part of a team that supported the original payday loan reform initiative, which became the template for the successful Payday Loan Reform Act in the 2006 Special Session. Speaker Merkley then led the charge in the 2007 regular session to pass legislation that expanded the 36% limit to all consumer finance companies and ensured payday loan shops were not able to evade the limit in the 2006 legislation by changing their licenses.

    Bad News

    In the seeming never-ending struggle among a handful of commenters to turn every story about Jeff or Steve into a damning critique of the other candidate, TJ tries to pretend that equating "payday" lenders with "predatory" lenders is some new twist in this long-standing effort that has heretofore united the progressive community.

    Please. Along with Steve's idea of passing out "Payday" bars in support of the original initiative at the 2006 Bus Conference, Our Oregon distributed a fact sheet in early 2006 with this bold heading:

    "Payday loan outfits are predatory lenders"

    http://www.ouroregon.org/cms/images/paydayloanballotwatch.pdf

    That's been the consistent messaging from the time of Steve's involvement in 2005/2006 through the time of the Speaker's involvement in 2007/2008.

    Pretending otherwise is about as plausible as Kevin's claim that he was giving Steve "props" for the OEA endorsement in this front-page post that proceeded to rip Novick in a stunning display of sour grapes:

    http://www.blueoregon.com/2008/03/or-senate-race.html

    Here's an idea: For all future stories of significance about Novick and Merkley, what say TJ, Kevin and their acolytes just exchange emails with each other rather than play out their tired spat on the pages of Blue Oregon?

  • (Show?)

    DS, in 2005/06 payday lenders WERE predatory lenders. Unless you are suggesting that Merkley finds 36% predatory, the places he toasted for shutting down were not, essentially by their definition. Otherwise you call your local DA to enforce a law not followed not the Speaker.

    I've shown that payday loans are not by their nature usuirous, and failing to understand both that concept, as well as the unintended consequences of simply cutting off short term credit with no other plans, are not traits I prefer in my Congressman. It shows either shallow thinking, or disregard for the reality in our low income communities.

  • Jack Murray (unverified)
    (Show?)
    Posted by: torridjoe | Mar 28, 2008 4:30:16 PM

    Well, TJ, if there were 350 payday loan outlets before the law, and less then a year after there are only 100, that seems to tell me that most can't survive working at a 36% cap.

    The vast majority of payday loan outlets (the ones that have closed) are therefore prohibitively usurious. And probably a lot more will close throughout the rest of the year.

    But you go ahead and continue to argue this issue from the conservative perspective. NFIB might have talking points for you.

  • (Show?)

    Kudos to the Speaker.

    I'd never have guessed we'd see the day where predatory lenders would find defense and sanctuary amongst our own here.

    I'd recommend everyone re-read Fr. Gilhousen's remarks. Their sincerity and strength should give us pause and power.

  • (Show?)

    Here's a handy dandy link to Fr. Gilhousen's remarks.

    The reality is that while many of us are good at talking the talk (myself included) on blogs, Fr. Gilhousen has walked the walk with and on the behalf of the downtrodden in a way that really ought to command both our respect and our gratitude. That's not to say that he's the only one who has done so - many others have too, some of whom also comment here at Blue Oregon. Each and every one of them have more than earned the right to speak authoritatively on this and related issues. The least we can do is to respectfully consider what they have to say.

  • Missy (unverified)
    (Show?)

    After reading the above posts, I have never felt worse about all of the time I have spent reading comments on this site (and Kos). I have wasted so much of my life.

    I often agree with TorridJoe, but not this time. The smart thing to do in an instance such as this, Mr. Joe, is to ignore your opponent. Trashing Jeff Merkley because he did something the overwhelming majority of Oregonians -- and Steve Novick -- clamored for, burns through your cred in record time.

    I support Steve, and I thank the Speaker for shutting down payday loan shops.

  • (Show?)

    who here has defended predatory lenders or lending, ben?

  • John-Mark Gilhousen (unverified)
    (Show?)

    Roy was working at minimum wage as a security guard when I first met him, and was obviously humiliated at having to register with our food pantry to feed his pregnant wife and their two young children. He had already sold or pawned many of the family's belongings accumulated during his short career as a janitor at a shoe factory before it closed as an early casualty of outsourcing, and remembered well the dignity, security and freedom of a union job with benefits. He had sold one of their two cars for little more than what was still owing on the auto loan, but at least it got him out from under one set of monthly payments.

    I saw him and his wife from time to time over the next several months, occasionally providing some modest assistance, but usually taking pains to avoid violating his clear desire to get in and out of our neighborhood ministry center as close to unnoticed as possible.

    Then one day he showed up at my office door in a very uncharacteristic agitated state. It was winter, and the heat to the family's apartment had been cut off and eviction proceedings were pending. It turned out that after a difficult delivery, their infant daughter had died from an ambiguous "failure to thrive." The hospital had pressured them to make payments they could not afford under threat of withdrawing access to their affiliated health clinic. They had resorted to a payday loan to cover a bare bones funeral and burial package, and the requirement to secure it with an increasingly large post-dated check each time they, by necessity, rolled it over prevented their being able to pay rent and utility bills. This desperate and bereaved family was facing the probability of homelessness, and they were justifiably terrified.

    This is but one of hundreds of stories I could relate, except that for me they are not just stories. Of course, closure of the payday loan company would not have provided this family necessary prenatal care, affordable housing, or prevented closure of the factory which had provided them a modest but solidly middle class lifestyle. Its exploitation of this vulnerable young family was the last in a succession of tragedies, all of which could have been prevented by reasonable progressive public policy. It was one, however, which so locked them into their downward spiral that it made their situation nearly impossible to reverse, even with extraordinary intervention.

    For me, the human suffering of even just one of these American families drowns out the talking points for fleeting political advantage I read in this comment thread.

  • MCT (unverified)
    (Show?)

    It is righteous that these predators are being run out of Oregon. Good work, but let's not stop there. There are lots of ways an individual who has difficulty making it from paycheck to paycheck is being stripped of their "wealth".

    Now let's do the right thing and also change laws so that those same folks, who you must admit are most likely have a low credit score (but not necessarily a poor driving record), can no longer be charged higher auto (and all other) insurance rates because of their low credit score.

    At least the victims of payday loan companies had a choice to walk through the door and sign the contract...auto insurance is mandatory. And people struggling to meet the rising cost of living with stagnant wages are being scalped by higher premiums than more solvent drivers with a good driving records pay.

    With so many Oregonians who never thought they could get behind the eight ball and who now see their credit score sinking and insurance premiums rising....I just have to wonder if we brought back a Measure 42, would it pass now?

  • (Show?)

    when did Steve OR a majority of Oregonians clamor to have payday loan stores closed down, and why? If we discovered the oil companies were gouging us collusively, would you like to see the price reduced by law, or simply shut down all gas stations? I mean, it's like some people think the buildings are haunted or hopelessly tainted or something--that only unfair loans can ever come from such a place--even if they're offering loans at the Merkley-approved rate.

    I wager not even the Speaker clamored to see them shut down, otherwise why just lower the APR and mandate limits on rollover? Why not outlaw all short term loans?

    Assuming the stores that closed were offering a fair rate by law, no predatory lenders went out of business, just lawful ones.

    So why celebrate the demise of a lawful business? It's like banning alcohol, and celebrating when the saloons can't make it as juice bars. Why is that good?

    I'll say it yet again: hooray for the end of predatory lending! Congrats Mr. Speaker! Boo for cheering the death of a business that was trying to make it under the Speaker's new rules.

  • (Show?)

    Those of us at Rebooting Democracy can tell you why Steve and Our Oregon had to do things like throwing the candy bars - they were competing with a whole host of good ballot measures for time and money. As such, a lot of groups had to go to gimmicks and such to get people to vote for them (a vote meant time or money donated, and the one with the most votes also got Bus Project support). I was one of those pushing for this ballot measure. My sister was one of those who was taken advantage of through a payday loan. It had almost 700% interest, and they put her check through multiple times before the agreed upon date, which meant a whole host of fees.

    Both my sister and I went down to Salem and testified on the bill that was before the legislature (the one Minnis & Co. put up as a way to appear to the voters they were doing something). There was supposed to be a hearing in Portland, which Minnis canceled at the last moment. So we drove to Salem and testified. Speaker Merkley was there testifying on the bill as well (I blogged about it at the time over at Blog for Oregon).

    These businesses could have made it at the 36% interest rate. They have some of the highest repayment rates of any loan, even though they're often dealing with people who are poor or have low credit scores. That's because they have the ability to continue processing the check until it goes through. If that doesn't work, they take you to county court and have the amount taken out of your paycheck. My sister was left with almost nothing to live on because they allowed the payday loan place to take a huge chunk of her check. And they continued to levy her check even after the loan and fees were fully paid - and she was never able to get that money back.

    The problem is that people were running these places to get rich. There were several profiles of payday loan shop owners in the paper a few years ago. They talked about how they quit their day jobs because they could easily and quickly make millions off of these shops. They didn't do it because they wanted to help people - it was about a quick profit. Without the ability to make a quick profit, they closed up shop. The larger chains, which gave Minnis tens of thousands in campaign contributions, are more willing to hang on (but with fewer locations) because they aren't trying to make their money on just one or two locations (like the smaller locally owned ones). They have stores all throughout the state - plus the loss helps offset their profits in other states when it comes tax time.

    MCT:

    The biggest reason why the credit score and car insurance measure didn't pass was Bill Sizemore. People weren't willing to vote for or support a ballot measure that he was behind. It didn't matter that it was a good idea, Sizemore was the one behind it. That was the only time I ever voted for anything Sizemore put forward. I'm certainly tired of my car insurance costing more than people I know who have had tickets and accidents - especially when we have a spotless driving record.

  • Tom Cox (unverified)
    (Show?)

    I'm going to rain on this self-congratulation emotion fest. Some cold facts from the NY Fed, delivered by an arch-Liberal.

    As George McGovern wrote in the 07-Mar-2008 Wall Street Journal, (http://online.wsj.com/article/SB120485275086518279-search.html?KEYWORDS=payday&COLLECTION=wsjie/6month) bans and restrictions on payday lenders (exclusive of laws about abusive practices) lead to worse results for poor people:

    "Researchers from the Federal Reserve Bank of New York went one step further and laid the data out: payday lending bans simply push low-income borrowers into less pleasant options, including increased rates of bankruptcy. Net result: after a lending ban, the consumer has about the same amount of debt but fewer ways to manage it."

    McGovern goes on to say:

    "Since leaving office I've written about public policy from a new perspective: outside looking in. I've come to realize that protecting freedom of choice in our everyday lives is essential to maintaining a healthy civil society.

    "Why do we think we are helping adult consumers by taking away their options? We don't take away cars because we don't like some people speeding. We allow state lotteries despite knowing some people are betting their grocery money. Everyone is exposed to economic risks of some kind. But we don't operate mindlessly in trying to smooth out every theoretical wrinkle in life.

    "The nature of freedom of choice is that some people will misuse their responsibility and hurt themselves in the process. We should do our best to educate them, but without diminishing choice for everyone else."

  • (Show?)

    The difference is that some states actually banned payday loans - we didn't ban them, we just put a maximum on the fees and interest they could charge.

    Plenty of states have done this without seeing the industry pull out of the state entirely.

  • MCT (unverified)
    (Show?)

    I really think most of the people pushing legislation to protect paycheck to paycheck workers still do not have a clue to the real problem....a dearth of livable wage jobs, and the thought process that a person who grinds his bones at physical on-your-feet labor for 40 years or more is less worthy of renumeration than a person who sits behind a desk.

  • (Show?)

    MCT: Now let's do the right thing and also change laws so that those same folks, who you must admit are most likely have a low credit score (but not necessarily a poor driving record), can no longer be charged higher auto (and all other) insurance rates because of their low credit score.

    I absolutely agree. As I recall this was a suggestion raised by Bill Sizemore a couple years ago and, just as even a broken clock is right twice a day, he was right about this.

    I don't exactly have a great credit score. I've been in three auto accidents in my life. Only one, when I was 19 years old, was deemed 50% my fault. The others I was the innocent victim and my credit rating had nothing to do with any of it.

  • (Show?)

    I don't think a lack of understanding applies to all legislators. But the causes of providing livable wage jobs are multi-faceted and have to be chipped away at, it seems to me.

    I'm disappointed with the commentators above who are minimizing what Mr. Merkley accomplished with payday loans/predatory lending/or whatever you wish to call it. He supported one way to protect those who don't have enough money when something unexpected comes up, from digging themselves deeper into debt. What's not to celebrate there?

    I do feel bad for the employees of the companies who chose to move on. But let's face it, many people have lost their jobs and their homes because of unregulated or unethical businesses practices. Do we just let that continue to happen so no one loses a job?

  • (Show?)

    I voted for that Sizemore initiative too. It felt a little weird as I had never supported anything with his name on it in my life, but he happened to be right about that. Credit scores should have nothing to do with insurance rates.

  • Chuck Paugh (unverified)
    (Show?)

    I've got to hand it to Jeff Merkley for doing a fine job leading our state legislature in my opinion. I can never seem to get a reply from my state congresswoman on any issue which results in me contacting his office which always provides the assistance my congresswoman never seems to have time to provide.

  • (Show?)

    "He supported one way to protect those who don't have enough money when something unexpected comes up, from digging themselves deeper into debt. What's not to celebrate there?"

    That was last year. This is about cheering unemployment and lost tax revenue. Wheeeee! Yaaaay!

  • (Show?)

    I'm disappointed with the commentators above who are minimizing what Mr. Merkley accomplished with payday loans/predatory lending/or whatever you wish to call it. He supported one way to protect those who don't have enough money when something unexpected comes up, from digging themselves deeper into debt. What's not to celebrate there?

    What you've witnessed here is a complete willingness and even some eagerness to throw a progressive like Jeff Merkley under the proverbial bus because they don't want him to win an election.

  • Opinionated (unverified)
    (Show?)

    Congratulations to Jeff Merkley for leading this effort to drive such businesses out.

  • (Show?)

    Tom

    I'm ambivalent, as it sounds like you are. I sat in on a Reed thesis on payday loans. The student started the project on a mission to show how evil these institutions were. She ended up deeply ambivalent about the industry.

    The users of these loans do not have access to other financial institutions. They don't have the minimums necessary for checking accounts. Many (Latinos esepcially) are suspicious of banks. Many live paycheck to paycheck or have experienced recent setbacks and need fast cash.

    <h2>The main thing she concluded was that what we needed was not usury / interest laws but required financial education, so that low income users knew about their options.</h2>

connect with blueoregon