From Deseret News archives:

Utah too lax on payday lenders?

Businesses find friendly laws and financial allies here

Published: Monday, Nov. 14, 2005 10:48 p.m. MST
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Also, she says she would like to see Utah establish a central database that payday lenders would have to check to ensure that borrowers do not have other payday loans outstanding — which some states do. It would help prevent them from taking out more loans than they can afford.

And Hilton says she would like a law banning payday loans to potential borrowers who exceed a certain debt-to-wage ratio, suggesting they cannot afford the loan. However, Jaramillo says state regulators frown on that and says the state likely should allow people to decide for themselves whether they can afford a loan.

Among lawmakers who said they are considering bills to restrict payday lenders in some way are Reps. Patricia Jones, D-Salt Lake, and Lorie Fowlke, R-Orem.

Pignanelli says the industry does not oppose reasonable regulation — and sometimes has pushed for some itself to rein in "bad apples."

He says that included last year agreeing to steps to stop some lenders who were obtaining civil judgments that forced borrowers to continue to pay triple-digit interest until loans were fully paid. The industry, he says, has agreed to live with the 12-week cap on such interest.

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R. Paul Allred, deputy commissioner of the Utah Department of Financial Institutions, says state regulators also will have some suggested legislation dealing with payday lenders. However, he says it is premature to discuss publicly what they might be because regulators have not found sponsors for their provisions.

Some others would like to see steps that many say are politically impossible for now.

Peterson, the University of Florida law professor, suggests that Utah restore the interest rate caps that it had until the early 1980s, saying it would be the best way to ensure against gouging the unwary.

"What's happened in the past 25-20 years (in erasing such caps) is a radical and unconventional shift in the law that is not the historical conservative position," he said.

Hester, co-owner of the Debt Free Consumer counseling service, uses bold words to say he thinks the industry should be reined in very tightly.

"It is unconscionable that the state of Utah allows these companies to operate with impunity," he said. "The annual percentage rate allowed to be charged on payday loans should be capped at 30 percent APR. These loans should not be eligible to be rolled over or replaced by a second loan. Our citizens need to be protected from these scavengers. It is time the legislators of Utah address this wanton financial rape of our citizens."


E-mail: lee@desnews.com

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Linda Hilton, an advocate for the poor, says payday lenders push many into bankruptcy.

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