Decatur, Ala. | Friday, May 24, 2013
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Editorial
Ending predatory lending

Referring to the plethora of predatory lenders that line Sixth Avenue in Decatur, City Council President Gary Hammon gave a blunt assessment:

“It’s hurting low-income residents and irritating the rest of us.”

The problem is not unique to Decatur. The best solutions require action by the state Legislature.

The prevalence of predatory lenders in Decatur seems puzzling. With so much competition, why have the interest rates not come down? More pertinent to Sixth Avenue, why has there been no consolidation?

The expectation in a normal market would be that some lenders would charge lower interest and drive others out of business. The result would benefit low-income borrowers and reduce the number of payday lenders lining the city’s main corridor.

Speaking to the Decatur City Council on Monday, Stephen Stetson, a policy analyst for Arise Citizens’ Policy Project, solved the puzzle.

A state law passed in 2003 purported to prevent payday lenders from lending to a borrower who already has outstanding payday loans, which are limited to $500. A last-minute amendment to the law eliminated a central database. Lenders must “use a database” to confirm the borrower does not have an outstanding payday loan, according to the law, but there are many private databases.

The result is that both borrowers and lenders understand they have to spread loans across multiple private databases. A person who needs to borrow more — often to repay a previous loan that is accruing interest at more than 400 percent annually — simply stops by a different payday lender that uses a different database.

The payday lenders, it turns out, are not competing with each other but complementing each other. A virtual strip mall of predatory lenders is the result. By using different databases, each lender can make exorbitant profits while benefiting the lender next door.

Bankruptcy records suggest the typical borrower does not have one payday loan — as contemplated by state law — but up to a dozen.

What may have started as a single loan to borrow enough to pay for a visit to the dentist quickly becomes unmanageable. Saddled by interest rates more than 10 times those the state imposes on conventional small loans, the borrower goes deeper in debt.

The end result for many is bankruptcy, but not before multiple lenders have extracted a terrible financial price. The roots of the problem are in the state law passed by a Legislature that was, in 2003, controlled by Senate President Pro Tem Lowell Barron. The Democrat from Fyffe owned many payday loan operations.

Decatur has 20 licensed payday lenders and 27 pawn shops, many of which serve a similar lending function. Most line Sixth Avenue. The clustering of predatory lenders is not unique to Decatur. It is the natural result of a bad law.

The Decatur City Council has a few options, but the solution should come from the Legislature. Fixing the 2003 law to create a central database would help.

Better yet would be a solution that also capped interest rates at a morally defensible level.

A Democratic legislature caused this problem. By solving it, a Republican legislature could — to paraphrase Hammon — help low-income Alabamians and end an irritation for many cities in the state.


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9 comments on this item

In the not too distant past, money for the poor flowed through a vast network of charitable organizations and churches. The poor were sheltered, fed and, if necessary, clothed, but, for obvious reasons, were not given money. This network catered to the needs, rather than the wants of the poor. While in the care of these groups, the poor were forbidden from abusing their children and received a daily lesson in the Christian work ethic. Consequently, the poor did not dwell for long, as even the poor desire more than basic necessities. In short order, the able-bodied returned to the workforce and renewed their contribution to society, while only the truly needy remained. There was no homeless population. The Democrat Party, however, replaced this system with government welfare in the 1960's as part of President Johnson's "Great Society," followed shortly thereafter by an alarming increase in reports of child abuse as one poor family after another quickly exhausted their money and soon found themselves and their children homeless. Tragically their ranks swelled. Easily exploited, the poor first fell prey to rent-to-own companies, and, later, to payday loan businesses. Obviously, the poor want to live beyond their means, and by directing money into their hands are so enabled. Naturally, high risk carries with it high interest. Now the poor seek to live beyond their means, abuse their children at low interest rates, and campaign against those who furnish the funds. Payday loan businesses are but a symptom of a much more serious disease. By giving money directly to the poor, the taxpayer facilitates this horrible cycle. The poor cannot be permitted to opt for 52" televisions while their children go hungry and uneducated. Perhaps the focus should be on removing from the poor that which so endangers them, rather than the vehicle through which they harm themselves.

Pawn shops have been around for years and years......Title Pawn's (ONLY) and Check Cashers came on the scene around 1992 in this State. There are LAWS governing these operations. They are regulated by the State of Alabama' s Bureau of Loans, the Bureau has no system to enforce the laws that govern the business's, therefore; these business's are able to beat the laws that govern them. The City of Decatur could set a limit on the licensee's, and as the grandfathered (in) licensee's closed down the City could refuse licenses to any other wanting into the City. I understand Why people go to these place's, but if the State Of Alabama would enforce the law's that they have, you would see a lot of closure's of the business's.

How many believe the poor will suddenly acquire a sense of economic responsibility with a change in interest rates?

27 pawn shops in Decatur?! Where are the other 20?

Otis, please tell what constitutes "the poor"? Would you have the government, or anyone else for that matter, give you a laundry list of what you can and cannot have? I may think that you should spend your money improving your yard rather than on a computer to post comments here. You have no idea why people use these companies. You assume that they are not taking care of their children, when many use these companies for that very purpose. Your cup has been filled with propaganda making you believe those who have less are all lazy, irresponsible, and living beyond their means. Just because you saw someone purchase steak with food stamps doens't mean it's common place. You are not omnipresent. AND, most "poor" people take very good care of their children. Just for fun, you might take a look at the abuse statistics among middle and upper class families.

"The poor" aren't all irresponsible as you suggest. Frankly, many former wealthy people have filed bankruptcy and increased the costs of everything for the rest of us. If teaching a sense of economic responsibility is the duty of the government, it should be done in schools. Those who enact laws have a resposibility to protect consumers from predatory lenders such as these pay day loan companies as well as credit card companies. Our legislature (with the exception of one who stood to gain) attempted to do so in 2003 and should revisit this topic immediately.

As long as folks like you continue to believe all of our ills are brought on by "the poor" our country is destined to remain stagnant.

Prior to the Democrat Party's, "Great Society," there was no demand for payday loan, rent-to own, or title pawn type businesses as the poor had no money. There were, to be sure, circumstances at all income levels which required temporary loans, be they fiscal crises, medical emergencies, and so forth. The industry that rose in response to this relatively weak demand was correspondingly small, there were no "Pawn Stars". It was only when the poor began to receive money directly that this industry experienced phenomenal growth, and, more and more, the poor were exploited, leading eventually to a dilemma. So great is the demand of the poor it blights the city, or, at the very least, 6th Avenue. Few believe those on the welfare and food stamp rolls will be better served by limiting or eliminating payday loan companies through government regulation, but, they feel better. Would it not be more responsible to stifle demand than to perpetuate it with taxpayer money?

The issue isn't about helping the poor. It's about beautifying 6th Avenue. Some think the 'eyesore' payday stores which imply 'poor people live here' are ugly and should be removed.

They function within the law and are not predatory. Someone who has never needed such a service will never understand their value and service to the community.

People on welfare and food stamps are not payday loan customers. You have to have a PAYDAY to get those loans. Those businesses, when over used, hurt the low income, no government hand-out, minimum wage worker. The governmetn handout folks are doing great. They already ahve somebody to buy their groceries, pay their rent, their medical bills and now they have an Obamaphone.

yeah, it must rule to be so broke that you are dependent on uncle sam, huh decaturresident? why, you should quit your job and join them post haste since its so awesome!

/moron.

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