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When we think of predatory lending practices, the first thought that often comes to mind is the payday loan industry, catering to people barely, if at all, living paycheck to paycheck. Payday loans service communities with an aversion or without a need for or trust of the mainstream financial industry. Offering short-term loans designed to help people survive until the next paycheck arrives, payday lenders charge fees, $16 per $100 borrowed on average, that would be considered usurious if measured by annual percentage rate standards.

Eager not to let non-banking lenders take all the best opportunities for profiting off families struggling the most, mainstream banks are in the payday loan business as well. They don’t call them “payday loans,” though. The name has a negative connotation. Instead, they use names like Wells Fargo’s Direct Deposit Advance, and tout their lower fees. The average fee for a mainstream payday loan is $10 per $100 borrowed, and the average duration of the loan is 10 days; the result is an annual percentage rate equivalent of 365%.

Despite the slightly lower fees, these products are likely more profitable for banks than payday loans are for independent lenders. With the bank-based products, borrowers are required to have direct deposit service enabled on their checking accounts. When the loan is due, the bank takes the money, including fees, out of the account without a separate authorization from the customer.

According to a recent study, borrowers tend to find themselves trapped in a payday loan cycle, continuing to borrow money to aid cash flow until yet another paycheck arrives after using the prior paycheck to pay off the previous loan. Banking customers end up owing money to the bank for an average of 175 days each year, slightly better than the average days in debt for a customer of an independent payday loan service, who owes money for an average of 212 days in the year.

One important distinction between payday loans and the equivalent products offered by banks is that the banks can report your credit profile to the reporting bureaus, Equifax, Experian, and TransUnion. There is no outcome where this is a significant advantage for the customer, though. Even if the borrower pays back the loan in full and on time, having this type of loan on your credit report could lower your score. A pattern of payday loans, paid back, can look worse on your report. The situation can only get worse from there, with patterns of late payment or non-payment drastically reducing creditworthiness.

According to the Consumer Financial Protection Bureau, which has made studying payday loans a priority, 19 million households in the United States use payday loans. That’s a huge, profitable market that banks want to tap, and customers seem to be willing to pay the price.

Have you ever borrowed money from your bank using a direct deposit advance loan or other payday-like loan product? Should these products be banned? Better regulated? I’ve often considered financial products to be like tools. For example, a credit card is like a hammer; it can be used to build when used properly or to destroy. Is the same true of payday loans and similar products?

Photo: bigburpsx3
CNN Money

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After several delays, the Federal Reserve Board has approved Capital One’s request to purchase ING Direct and ShareBuilder. This deal has been in the works for a while. When ING Direct’s parent company was bailed out, the Dutch government gave the condition that it must divest its business in the United States. Several buyers courted ING Direct, and rumors circulated until the announcement that Capital One was the winning bidder in the summer of 2011.

Capital One is considered a financial holding company, and this wouldn’t be the first time the company has grown through acquisition. Capital One has purchased Chevy Chase Bank and North Fork Bank recently.

ING DirectThe Federal Reserve gave the public a significant amount of time to comment on the proposed acquisition. In its forty-page decision, the Fed noted that a “large number of commenters supported the proposal,” while a “significant number of commenters opposed the proposal.” Many on the opposition cited Capital One’s parallel plans to purchase sub-prime credit card assets from HSBC, as well as Capital One’s record in lending to minorities and small businesses.

Regardless of the concerns, the Federal Reserve has given the green light to Capital One to move forward. I’ve been a long-time customer of ING Direct and ShareBuilder, and I’m taking a wait-and-see approach. I’m not ready to switch banks yet, but over the last few years, ING Direct’s record in offering a high-yield savings account has been overshadowed by other banks offering higher interest. I don’t waste my time chasing interest rates, so despite its sub-par interest rates, I’ve kept most of my business and personal cash at ING Direct, including my emergency fund.

Judging from comments by readers and others in the financial community, Capital One and ING Direct have vastly different reputations. Capital One’s is based mainly on customer services within its credit card businesses, while ING Direct’s is based mainly on those of us who discovered the online bank when it was leading its competitors with high interest rates for its popular Orange Savings Account.

It’s unclear what will happen to ING Direct and ShareBuilder in the future. Capital One has pledged to bring more features to ING Direct account holders, like full-service checking and ATM deposits. These features may be appreciated by customers, but if they come at a cost of lowered interest rates and insufficient customer service, it’s unclear whether consumers will be pleased in the end. Capital One would also bring its suite of other banking products to ING Direct customers, like loans.

Are you a customer of ING Direct or Capital One Bank? What are your expectations for post-acquisition service?

Federal Reserve [pdf]

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While the mainstream financial industry has faced a dizzying array of government and quasi-government regulations through most of the last one hundred years, non-bank financial products have, for the most part, evaded regulations. Catering to lower-income communities, payday loan storefronts and check cashing establishments have managed to justify their business models. The more desperate you are to pay your electricity bills and your rent before your power is turned off and you’re evicted, the more likely you are to willfully ignore the fact that the companies helping you are taking advantage of you in ways that a traditional bank would never be allowed to do.

The Consumer Financial Protection Bureau (CFPB) is now charged with recommending new regulations that go beyond retail banks, thrifts, investment banks, and credit unions into the murky world of non-bank financial products.

If you compare a short-term payday loan with a loan from a bank, you might see that the payday loan’s equivalent interest rate (APR) is 450% or even higher. Mortgages tend to be 3% to 7%, business and personal loans could be 5% to 10%, and credit cards are 10% to 20% unless you default. Anything higher, and the loan might be considered usurious. So how do payday lenders get away with charging 450% or more?

Well, these lenders frame what they charge as a flat or sliding fee, not interest. The loans are typically due in two weeks, the expected arrival of your next paycheck. It might not be fair to compare these fees with interest rates, because the borrower doesn’t hold onto the loan for a long time.

Or does he? There’s some evidence suggesting payday loans create a cycle; rather than paying off the loan when the next paycheck arrives, lenders offer an enticing deal to encourage borrowers to begin the next loan. The two-week cycle repeats.

The CFPB wants to hear from people who have had experiences with payday lenders. In order to get a good grasp on how non-bank financial products can and should be regulated, the organization is seeking comments from the public. What have been your experiences with payday loans? Feel free to share here on Consumerism Commentary, or tell the CFPB your story directly.

Photo: bigburpsx3

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Born in the 1970s, I didn’t get to experience the days when anyone with a bank account could earn 18% APY in their savings. When I started being aware of interest rates — something that didn’t happen for me until I was out of college, struggling to earn a living, and thinking of a savings account as something I might never afford to have — the concept of online banking had already taken off. Brick and mortar banks were offering paltry interest while NetBank and ING Direct were offering higher interest rates and sign-on bonuses. This is the reality for every generation from Generation Y on down; superior products are often available to those who wish to look past the traditional teller-based banking system.

What is the point of saving? The financial media place the strongest emphasis on interest rate — the fee banks pay depositors for the privilege of using the customers’ money. The interest rate is important, of course, but this singular focus leads to the idea that a savings account is a type of investment. Customers often chase the highest interest rates blindly and get upset when their savings, even at the highest interest rates offered today, lose purchasing power thanks to inflation.

Savings accounts were never meant to be investments. They do play a role in investing by being a super-safe (no-risk) option for investors looking to balance the riskier (and potentially more rewarding) selections in the portfolios. This safety feature drives people to savings. Besides being a foil to riskier investments, everyday savings is best for any money you think you’ll need to use in the next year, including or in addition to a good portion of your emergency fund.

How do you know which savings account is best? Since my first introduction to online saving, the number of options for banking with savings accounts, online and offline, has grown. To muddle through the myriad banks and accounts, focus on specific criteria for making your selection. There are four basic criteria for a bank account. In order of importance:

  1. Stability
  2. Accessibility
  3. Interest income
  4. Service

Stability. When it comes to savings, stability comes first. While it’s good to be a customer of a solid bank, any bank can fail. When yours does, FDIC protection will ensure your money is never lost. While you may believe that some banks are more stable than others, unless you’ve personally reviewed their balance sheets and cash flow statements, you’re relying on marketing for your judgment. Big banks are perceived as the safest, but they often have trouble in major financial crises. Small banks fail, too, and there are many more of them than large banks.

Big or well-known banks in the United States always have FDIC insurance. If you are unsure, look for the FDIC logo or use FDIC’s search engine to review the bank before you deposit. Credit unions have insurance coverage from the National Credit Union Administration (NCUA), and this coverage is similar and as effective as FDIC insurance.

Accessibility. If your money is in a bank that has no branches near your living or working location, you might have a delay getting your money when you need it. This is the one drawback to online-only accounts; if I want to see that money, I need to first initiate a transfer to a local brick-and-mortar bank and withdraw the funds from there. That process could result in a delay of at least two business days. That’s one reason I suggest a tiered emergency fund.

Interest income. Most savers might not profit enough from a 0.1 percentage point difference between banks, so chasing the highest interest does not always pay off. Chances are good that the interest rate you receive, especially after taxes are paid, will not exceed the rate of inflation. Over time, the purchasing power of your money in savings decreases, but it decreases much less than it would if you were leaving your savings outside of the banking system. Earning interest in your cash isn’t really investing, but compound interest will benefit your balance over time.

Service. Having good customer service, including good tools for customers like websites and mobile access, is the number one reason a saver is likely to stay with a bank. As ING Direct fell from its reigning position at the top of the interest charts, many customers stayed with the bank thanks to their easy-to-use website and friendly customer service, though inertia likely played a role as well.

ING Direct, Ally Bank, and Discover Bank have been cited recently for offering the best all-around savings accounts. I’ve been a customer of these three banks and many others, and I offer my reviews and suggestions here.

Photo: Bytemarks

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