Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: Federal Government Proposes New Regulations on Payday Lending
Explainer: Federal Government Proposes New Regulations on Payday Lending
Oct 14, 2026 6:39 PM

What just happened?

The Consumer Financial Protection Bureau (CFPB), the U.S. government’s consumer protection agency, has proposed new regulations that would affect payday lending in an attempt to end payday debt traps by requiring lenders to take steps to make sure consumers can repay their loans.

What loans would the new regulation apply to?

The proposed regulations would cover two categories of loans. The first is loans with a term of 45 days or less. The second is loans with a term greater than 45 days, provided that they (1) have an all-in annual percentage rate greater than 36 percent; and (2) either are repaid directly from the consumer’s account or e or are secured by the consumer’s vehicle.

In other words, the regulation would cover almost all “payday lending” and “car title” loans.

What does the regulation do?

The proposed regulation would have two main effects. The first effect is on lenders, The regulation would require that, before making a covered loan, a lender must reasonably determine that the consumer has the ability to repay the loan. Failure to do so would be considered an “abusive and unfair practice.”

It would also make it an “unfair and abusive practice” to attempt to withdraw payment from a consumer’s account for a covered loan after two consecutive payment attempts have failed, unless the lender obtains the consumer’s new andspecific authorization to make further withdrawals from the account

The second effect is on consumers. They regulation would limit the number of short-term rollover loans borrowers can take in succession.

How would a lender determine the ability of a borrower to repay a loan?

The regulation would require a lender, before making a covered short-term loan, to make a “reasonable determination” that the consumer would be able to make the payments on the loan and be able to meet the consumer’s other major financial obligations and basic living expenses without needing to reborrow over the ensuing 30 days.

The regulation would specifically require a lender to:

• verify the consumer’s net e;

• verify the consumer’s debt obligations using a national consumer report and a consumer report from a “registered information system” as described below;

• verify the consumer’s housing costs or use a reliable method of estimating a consumer’s housing expense based on the housing expenses of similarly situated consumers;

• forecast a reasonable amount of basic living expenses for the consumer— expenditures (other than debt obligations and housing costs) necessary for a consumer to maintain the consumer’s health, welfare, and ability to produce e;

• project the consumer’s net e, debt obligations, and housing costs for a period of time based on the term of the loan; anddetermine the consumer’s ability to repay the loan based on the lender’sprojections of the consumer’s e, debt obligations, and housing costs andforecast of basic living expenses for the consumer.

Why don’t banks simply provide loans for these consumers?

A few of the largest consumer banks in America were reportedly considering going to market with new small-dollar installment loan products. The banks were hoping that the CFPB would offer a “5 percent exemption” as part of the proposed regulations. The American Banker explains how that would have worked:

A mockup of what the product could look like would be a $500 five-month loan for a borrower with an annual e of $30,000 and monthly payments of $125 (or 5% of the borrower’s $2,500 average monthly e). After assuming a 6% loss rate (which would parable to similar installment loans currently on the market), automation expenses and servicing fees, a bank could net roughly $70 while the borrower would be on the hook for $125. The average cost of a similar payday loan product would be closer to $750.

“The 5% payment option is the only part of the CFPB proposal that could save millions of borrowers billions of dollars,” said Nick Bourke, director of the small-dollar loans project at the Pew Charitable Trusts. “It would enhance underwriting while pliance costs by capping the monthly payment at 5% of the borrower’s e with a term up to six months.”

But the new regulation did not include that exemption. “The CFPB’s small-dollar loan proposal misses the mark,” Bourke told The Atlantic. Additionally, Alex Horowitz, the senior officer of Pew’s small-dollar loan project agreed, telling The Atlantic that,

the longer-term, low interest-rate loans are good, but historically the use of those products is much too small to make a real difference. To be truly effective, he said, regulations would need to plish three things for borrowers: lower prices and fees, smaller installment payments, and quicker application processing. The new rules “provide more paperwork for the same 400 percent APR loan,” he says. “That’s not consumer protection.”

Who gave the CFPB theauthorityto make such regulations?

The CFPB is able to make the regulations because of theDodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203). The relevant sections they cite are1022, 1024, 1031, and 1032, the Bureau of Consumer Financial Protection (Bureau or CFPB). President Obama signed the Dodd-Frank Act into law in 2008 after the financial crisis.

When does the regulation go into effect?

Before issuing any new regulations, federal law requires agencies to solicit feedback from the public. The CFP will ments on the proposal for the next few months and issue the final regulations on September 14. After that, the regulations would likely take effect in early 2017.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Religious freedom is the solution for Iraq, Prelate says
This is the headline from Zenit on January 18. “Chaldean Archbishop Louis Sako, the archbishop of Kirkuk warns that a division of boundaries will lead to more conflict, with Christians caught in the middle.” “He says ‘a divided Iraq will not be a peaceful Iraq.’ …Archbishop Sako fears that possible plans for a Christian safe haven on the Nineveh plain will not succeed. He said: ‘They would have their own territory, but to be viable, the idea of a protected...
Child labor is too expensive
Child labor is too expensive, at least for the Grand Rapids Press. As part of “cost-cutting measures,” The Press will no longer be delivered by paperboys and papergirls under the age of 18. According to , “In a change to the way they deliver their papers to their carriers, The Press announced they will drop off their papers to depots around the city instead of at neighborhood corners. The carrier will have to go to that depot to get their...
Today’s snippet of wisdom
There is no ordering of the state so just that it can eliminate the need for a service of love. Whoever wants to eliminate love is preparing to eliminate man as such. —Deus Caritas Est ...
Zandstra on the first 100 hours
Acton senior fellow Rev. Gerald ments on the first 100 hours of the new legislative session in this Associated Baptist Press article by Robert Marus. Zandstra had previously examined one of the core planks in the House leadership agenda, raising the federal minimum wage, in a recent Acton Commentary, “Minimum Wage and Common Sense.” ...
Adventures in cognitive dissonance
This is one of the images I see on days I drive home from school: Yes, that’s a shared storefront for a health spa featuring “rub downs” and “American” girls, along with an adult “super store.” Nothing untoward about that connection. Nope, nothing at all. And even though it touts “American” girls, this parlor isn’t located in a country like Thailand, which was noted by the US State Department as “a source, transit, and destination country for men, women, and...
The Issachar Project: The importance of film
Last weekend I had the joy of sharing in a special meeting in Newport Beach, California, that was appropriately named the Issachar Project. This small project is the work, primarily, of my friend Andrew Sandlin of the Center for Cultural Leadership. Andrew is convinced that there must be an intellectual and existential coalition of (1) Christians working in Hollywood and elsewhere in the film industry and (2) serious Christian thinkers in the arts. You may recall that the sons of...
Faith-based weather broadcasting
Via Drudge, the Weather Channel “Climate Expert” is taking serious flack (check ments) for her call to pull the credentials of any media meteorologist who doesn’t endorse the theory of human-caused global warming. The cover provided by her boss doesn’t garner any more favorable feedback. I think people want more science from scientists and less dogma. I know I do. UPDATE: On the other hand, this seems a little over the top. If forecasters can’t reliably tell us what will...
More dispatches from the fall of Western culture
There’s nothing like a few dreary Michigan winter days to get me into a midwinter funk. And because I’m a nice guy, I thought I’d share some of my funkyness with you, gentle reader. Especially if you’re in a warmer climate. First of all, David Warren notes that the foundations of society in Canada are still under assault: The names of the plaintiffs in that case were suppressed by the court. I would be very curious to know who they...
Making college more affordable?
Higher education is one of those areas—like health care—in which prices are so out of whack because of so many distortions in the market that it’s hard to know just how to go about rectifying the situation. Richard Vedder, a great economist who has done pathbreaking work on the causes of the Great Depression, offers an incisive analysis of a Democratic proposal to lower student loan interest rates. It serves as an excellent case study in the law of unintended...
The fallacy of Adam’s fallacy
Duncan Foley’s new book, Adam’s Fallacy, is the latest installment among the critics of free-market economics to spin economic history according to the received wisdom of today’s Center-Left intelligentsia. Lest this statement be too harsh, let it be shown that Foley himself reports that his intention in writing the book is not to get bogged down in historical and textual analysis of the key economic texts of the last three-hundred years but to tell his own “imaginatively reconstructed” account of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved