SHADOWS ON HIGH: In The Shadow of the Sharks

It’s another of Ohio’s dirty little secrets.

Lenders in Ohio can charge up to 391% APR interest for low-interest loans of up to $500. These loans are banned in West Virginia, Pennsylvania and 11 other states

Studies point out that the average Pay-Day lender customer takes out loans seven to fourteen times a year.

The process works by requiring borrowers to pay a high fee for an advance on their own money. Failure to repay the money results in additional fees every two weeks without receiving new money. A fee of 391% APR on $500 is $45.

And if you think few Ohioans fall prey to these loan sharks, think again. In Ohio, there are 1,562 pay-day lending locations – more Ohio storefronts than McDonalds, Burger King and Wendy’s combined according to Policy Matters and the Housing Research & Advocacy Center who jointly did a February 2007 report that exposed Ohio’s Pay Day lending problem.

Where there are that many storefronts, there is bound to be plenty of profit. The Center for Responsible Lending did a study that found that just one percent of first-time Pay-Day loan recipients pay the money back within two weeks, while 99 percent go to repeat borrowers. When you consider that 7.6 million people receive loans in the United States worth $83 million dollars, the annual cost to financially strapped families is $3.4 billion dollars.

It got so bad for cash-strapped military families that the U.S. Congress slapped a 36 percent cap on loans for military families. Military studies had showed that the pay day loan rates were hurting military readiness and troop morale.

In human terms, a ProgressOhio records request to Ohio Attorney General Marc Dann’s consumer complaint division turned up examples such as an Akron man who borrowed $250 from a pay day lender, a company that used a post-dated paycheck from him as collateral for the cash advance he received.

But he couldn’t repay the high-interest loan under the terms he’d agreed to. He defaulted and soon found himself being charged a $79 “processing fee’’ twice a month. In just a few months, he owed $970 – nearly four times the amount he’d borrowed.

And not everyone victimized by the lenders took out a loan, according to a review of the complaints.

A Vermillion woman told the Attorney General’s Consumer Protection Section that she received a “strange call’’ from a company announcing that she’d received a $300 loan from them.

Later, she learned that her bank account included an unexplained $300 credit – and $1,070 in unauthorized debts. When she called to complain, she found only a recording that asked for her Social Security number. She hung up, and called the AG’s consumer hotline.

So why have Ohio’s legislators been silent on this issue? And why is this a bi-partisan issue where neither party in power has ever reigned in the Pay-Day industry?

Fiscal conservatives have latched onto the issue in the past because they favor a system that leaves more money for consumers – who use that money to drive the economy. Progressives are drawn to the economic justice of the issue. But the right and left, despite a rare moment of agreement many years ago, have never been able to forge a majority to fight back the Pay Day industry.

Let’s face it, with a $3.4 billion profit industry there is plenty of cash to spread around in the legislative process.

Pay Day lenders will argue that they are a last resort for people who otherwise could not receive loans. They also will argue that they are good corporate citizens who work in minority and poorer communities as part of the solution to families in dire need of assistance.

For a House of Representatives within four seats of a shift, and a term-limited speaker, it becomes a lobbying sausage grinder. And in the fight to land beneath the ornamental rising sun of the Ohio sealed Speaker’s Chair, Pay Day lending becomes a gut-check for all that encompasses the sins and souls of governing.

Only beneath the snores of a legislative committee, could the solid scout’s honor of loan sharks charging 391% interest, come off like the angel of mercy. And only in the shadows of our great democracy can the tears of families destroyed by legislative sins be drowned out by PR spin that makes our State cupola appear more like a snake-oil can.

Perhaps the solid citizens of Pay Day lending should tell this to the Columbus woman who said she routinely receives threatening calls. “They call me up to 10 times a day,’’ she said in her complaint, “and threaten to have me arrested or come to my work and ‘see what happens then.’ ‘’

Another Ohio woman was told to “rob a bank’’ if she needed to, according to AG records.

Many experts in predatory lending practices say that pay day lending’s business model is designed to keep borrowers borrowing – and not to provide one-time assistance during a time of financial need. If the money is repaid too quickly, the lenders can’t make the type of hefty profits needed to keep their businesses going.

Many of the Ohio victims are poor, elderly, or minorities.

So you have to scratch your head and tell those pragmatic legislators swayed by Pay Day propaganda, “OK, don’t ban the practice if you wish like our neighboring friends in West Virginia and Pennsylvania who were bamboozled by those pesky citizens who had trouble handling their finance. But couldn’t you at least settle for a cap of 20% or 25% or heavens even 39% in interest?” Can you really look the other way at a 391% interest rate?

You tend to think that sometimes in the merry-go-round of Statehouse politics, legislators in both parties lose sight of the reason we need them in government to begin with. For conservatives, some of whom railed about Pay Day lending in the Riffe years, their rise to power in the ‘90s somehow silenced the conscience and soul of those Pay Day lending protests.

For Democrats with visions of gavels, and increased attention from lobbyists these days, they find themselves at a crossroads. Is the quest for power, more about the ends – or is it about the means? Does the responsibility of being a powerful player, silence the soul or will the sins of the past be cleansed? And the GOP has no clean hands, having looked the other way for over a dozen years.

The question is do we consent to be governed to protect us from “suffering the slings and arrows of outrageous fortune” [decoder: that’s Hamlet my friends] or is government so numbed by the election process that our eyes are blurred and our principals are deaf and all that is left is the hollow corps of a governing prince whose tortured conscience hath gavel, but no will to battle?

Only in the shadow of politics can legislators wake up a justification of a 391% interest charge, no matter what the spin. And only in the shadow of politics, can a little legislative conscience and courage restore faith in the reason we consent to be governed in the first place.

Tell Ohio's Legislators to address Ohio's Pay Day Loan problem


Reader Comments

Comments are closed for this post.

  
Fantastic
By User from Columbus, OH Jun 22nd 2007 at 12:42 pm EDT
Brian,

Your articles and commentary are absolutely fantastic. I have thouroughly enjoyed receiving "Shadows" and I should have written earlier.
Thanks for all your hard work and wisdom!!!
  
Sharks swim near and far
By Bonobo Jun 22nd 2007 at 1:14 pm EDT
Brian,
Although you're rightly suggesting that the state should step in, it should also be noted that it was Congress that passed the protections for military families. That protection came from a Senate Amendment to an already passed House appropriations bill, so individual House members didn't get to vote on it except as part of the military appropriations bill that emerged from the conference committee. I would have been interested in seeing how OH-12's Pat Tiberi would have voted, as he is one of the top recipients of Payday Lender money. For example - The top 6 companies contributing to Pat Tiberi in the 2006 cycle were:

1 Nationwide $23,600
2 American Electric Power $21,750
3 Altair Learning Management $21,500
4 Vorys, Sater et al $17,750
5 Buckeye Check Cashing $16,000
6 CheckSmart $14,000

Of course, CheckSmart and Buckeye Check Cashing represent the same set of executives, so really the combination of 5/6 is the single largest contributor ($30k last cycle) to Mr. Tiberi...

More details and source links at Blue Bexley here.
  
pay day loans
By User from Columbus, OH Jun 22nd 2007 at 1:53 pm EDT
"They also will argue that they are good corporate citizens who work in minority and poorer communities as part of the solution to families in dire need of assistance." Solution that mafia loan sharks used quite often.

Strangely enough there are very few of these places in Bexley, Grandview, Upper Arlington, Dublin and anywhere else where such desperation tactics would be laughed at.

Loan sharking is just that.

I fail to believe that any Republican legislature and/or administration will ever put a stop to these leeches. They pay politicians too well to cut off the cash flow stream. It may be the closest the GOP gets to dealing with the poor in this nation.
  
Bravo
By lee921 Jun 23rd 2007 at 8:30 am EDT
These newer versions of the old mafia loan sharking have been springing up faster than mushrooms after a spring rain here in Cleveland the past couple of years. It is high time that the legislature took a long look at this and regulated the outlandish interest rates that these loan sharks charge. They should also do the same with those "refund anticipation loans" offered during tax season by tax preparers like H & R Block. There was once a day when interest charges like those were illegal. However it seems like in today's "pay to play" culture in Columbus, money talks loudest and apparently these loan sharks are spreading around plenty of their money to make sure that they can continue to operate like the old mafia loan sharks.

Campaign contributions are nothing more than legalized bribes. At least 100 years ago, people were more honest when they called such money given to politicians bribes and those politicians went to jail. Today they get re-elected.

Bravo on this reporting. It is time for the people to put the squeeze on those loan sharks and the state legislature to regulate them better. Unfortunately there is a need for such a business in the economy today and that is why such business is growing fast. Perhaps what should really be done is to improve the overall economy of Ohio so those businesses cannot prosper so much.

Lee Kamps
Re: Bravo
By User from Mount Vernon, OH Jun 27th 2007 at 4:45 pm EDT
The Mafia offered better rates and terms than modern payday lenders.
  
From The Inbox:
By Dave Harding, ProgressOhio Jun 23rd 2007 at 9:14 pm EDT
Brian:

This is one of the biggest scandals in history. The Democratic Congress should make this a priority and score really big with the public by restoring usury laws in this country.

CA
  
From The Inbox:
By Dave Harding, ProgressOhio Jun 23rd 2007 at 9:15 pm EDT
The interfaith organization BREAD has taken on this issue for 2007. They so far have one State Representative committed to work on corrective legislation.

AF
  
From The Inbox:
By Dave Harding, ProgressOhio Jun 23rd 2007 at 9:16 pm EDT
Dear Brian, I agree, STOP THE WAR ON THE POOR !!! This is just another example of fat cats getting fatter. My prediction is by the year 2020 there will be a world revolution, at least a national one because of economic disparity. And who should we line up first against the wall but the elitist. What the rich don't realize is technology is going to be their ruin, we the masses being able to communicate with each other though a general broadcast the message will get out to revolt. Revolt if: you don't like paying high interest rates on everything, revolt if you can't get a decent education for yourself and kids, revolt if you can't find a decent job, revolt if you can't find or afford decent housing, food, or gas, revolt if you're not happy with the environment, revolt because the political system and media are filled with corrupt and unjust capitalists. You're doing a good job, bri, hang in there, peace,

VB
  
From The Inbox:
By Dave Harding, ProgressOhio Jun 23rd 2007 at 9:17 pm EDT
Brian,

You know that we did a campaign in Maryland the IAF got this practice banned. There is no "Payday" lending in Maryland.

JL
  
From The Inbox
By Dave Harding, ProgressOhio Jun 25th 2007 at 12:27 pm EDT
Brian:

Not only does the state tolerate Pay Day lending, it subsidizes it. The Taft administration gave massive tax incentives to one of the Pay Day lenders in order to encourage more Pay Day lending in Ohio.

MH
Re: From The Inbox
By Jacob R Clark Jun 27th 2007 at 1:46 am EDT
So sadly typical of Ohio and its politicians....
  



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