From Deseret News archives:

Trapped for cash: Deeper in debt

Payday lenders put many borrowers in a vicious cycle

Published: Monday, Nov. 14, 2005 10:34 a.m. MST
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When Hilton's group released its findings last year, regulators took issue with them. Ed Leary, Utah commissioner of financial institutions, said then that his examiners had found problems at only five of the 57 stores visited by Hilton's group. Hilton claimed violations at three-quarters of them.

"It's an industry that's very compliant," Leary said at the time.

In turn, Hilton complains now that state examiners do not visit while undercover, so lenders are on their best behavior when inspectors appear. "If an inspector asks them if they honor the 24-hour right to rescission, what do you think they will say? 'Sure!' " She says identifiable inspectors will not find deception that lenders might otherwise use.

Jaramillo says the only question that state inspectors ask while undercover is how much a loan costs, to see if cashiers properly disclose the APR and dollar cost. After that, inspectors identify themselves and ask other questions and review paperwork.

Also, Jaramillo says the state receives only two dozen written complaints per year about payday lenders. "Considering the volume of business transacted by payday lenders, the number of complaints are minuscule," he said.

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However, an online search of complaints recorded by the Better Business Bureau showed it received more. The BBB reported 174 complaints against 24 Utah payday lenders over the past three years. It said eight lenders had "unsatisfactory" records for failing to resolve complaints.

In comparison for the same period, the BBB logged 126 complaints against 16 banks, and only one had an "unsatisfactory" rating. It logged 87 complaints against 11 credit unions, and none had unsatisfactory ratings.

Fine print

The fine print in loan applications and contracts could also contribute to financial surprises and difficulties for the unwary — and allow lenders to apply extreme pressure until past-due loans are paid.

"Hidden fees are limited only by the lender's imagination," Peterson said after years of studying the industry's fine print.

Maybe for that reason, several lenders refused to give a Deseret Morning News reporter copies of loan applications or contracts to take home and review before signing them. "We don't like to let them out of the office," one Check City cashier in South Salt Lake said.

Among provisions found in applications and contracts that were obtained are:

• Almost all impose fees ($20 and up) if the post-dated check given as security eventually bounces. Also, they require borrowers to give them permission to resubmit checks that bounce, and permission to withdraw funds owed via electronic means.

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Patty Bailey holds dozens of bounced-check notices from her bank. She could not afford to pay off the loans she obtained from payday loan centers.

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