Steven HorwitzIn this week's Freeman column, I discuss legislation just passed in Arizona making it the 17th state to limit the interest rates that so-called "payday" lenders can charge on their short-term, no credit check loans. Arizona, like many of the other states, has capped the effective annual interest rate these firms can charge to 36%. The result is that these lenders just leave those states, abandoning the populations who can only find access to credit through their services.
As I point out in the column, 36% may seem high, but consider the nature of the loans. Payday loans are usually 14 day or 30 day loans designed to bridge the gap between paydays for consumers who have no access to other forms of credit, or who have problematic credit histories. The idea is to take the loan and then pay it back on the next payday, hence their name. These lenders frequently charge something like $17 interest per $100 borrowed for 14 days. Compounded over a year, and including various fees, it's not unusual to see annual interest rates in the 400% range - if one holds the loan for a full year.
Although capping rates at 36% may seem generous to the lenders, consider one other fact: the default rate is around 50% within a 12 month period. Compare that to credit card default rates that are just under 10% and home mortgage default rates that are, even these days, under 5%. Not surprisingly there's a direct correlation between default rates and interest rates, as well as the lack of collateral. Collateral-free loans like credit cards and payday loans will always have higher rates, and loans without a credit check, such as payday loans, will be higher still. At a 50% default rate, it's no surprise that lenders want to charge high rates.
I won't rehearse the usual economic arguments about high time preference, mutual benefit, and the problems of price ceilings. I want to emphasize one point I raised at the end of the Freeman piece.
One main group of customers of payday lenders are immigrants, both legal and illegal. The usual voices on the left are cheering this legislation as a victory for such folks against the "predatory" lenders. (Of course another major set of customers are military personnel, but no one seems to think they are being preyed upon in the same way immigrants are - I'll call the attitude toward immigrants "condescension" and leave it at that.) But the economics suggests a radically different interpretation: this legislation is a logical follow-up to SB 1070, the controversial state law on illegal immigrants. If you wanted to make life tougher for immigrants, especially illegal ones, drying up one of their key sources of credit would be the way to go. So the very groups on the left who are in opposition to SB 1070 (and rightly so) are also cheering a bill that ends up probably having a larger negative effect on the people they purport to care for.
Persons who have difficulty accessing credit through formal channels are the ones most likely to use payday lenders, particularly people with no or a problematic credit history and who do not have the assets to use as collateral, or perhaps even the proper ID or legal status, for the formal sector. And as the recent credit card legislation has limited the availability of that collateral-free form of borrowing, it has probably contributed to the demand for payday loans. The high interest rates are unfortunate, yes, but probably a reality of their status as credit risks. The question is whether they are better off having access to credit at high rates (and to be clear, the lenders are required to make clear how high those rates are), or to have no access at all, which is likely to be the result as payday lenders have left the states who have passed interest rate caps.
However unpalatable these lenders might be, at least they are in the formal sector of the economy, unlike the "loan shark" of years past. They are established companies working within the law and who have reputations they wish to protect. By driving them out, these 17 states will not stop the demand for short-term credit without a credit check, rather they will drive it underground where real predation is much more likely without any recourse to the law. The supposedly "vulnerable" populations really will be vulnerable when their non-payment brings physical violence to them or their family members, rather than escalating fees or some sort of negotiated settlement in the formal sector. Payday lenders don't break your knees or threaten your kids - not if they want to keep customers and avoid jail time anyway.
Are the backers of such legislation (and it's coming in other states) really doing those in need of this sort of high priced short-term credit any good by driving out those who provide it legally and leaving the market to the walking stereotypes of the loan sharking business? It is yet another irony that those on the left who have made the exact same argument about making abortion illegal seem blind to this point. (Payday lenders:loan sharks::trained ob/gyn:guy with a "dirty knife and a folding table".)
We should also consider a Baptists and bootleggers story here. As loud as the voices shouting concern with the well-being of vulnerable populations are, it would be interesting to see what role the credit card companies have played in this legislation. I'm sure they're happy to some degree to not have the payday lender competition, although it's not clear how many payday customers would qualify for credit cards under the recent change in regulations.
The bottom line here is that those who are supporting legislation to chase out payday lenders are portraying themselves as the humanitarians, but it is they who are denying some of the poorest among us access to the credit they need to put food on the table between paychecks or to not have to wait what might be a crucial few days to buy medicine for their children. Once again, ethical proclamations that ignore economics are largely worthless. "Ought" has to first consider "can."