From Deseret News archives:

Thriving in Utah: Payday loan stores are popping up everywhere

Payday loan stores are popping up everywhere

Published: Saturday, Nov. 19, 2005 10:38 p.m. MST
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"Their business is built on being convenient and fast," said Frank Pignanelli, attorney, lobbyist for the industry's Utah Consumer Lending Association and a Morning News political columnist, giving one reason why payday lenders have become the 7-Elevens of the financial world and have located seemingly everywhere to offer quick service — at a higher price. Not surprisingly, many are open late, even until midnight. A few are now open 24 hours a day, seven days a week.

The payday loan industry's Consumer Credit Research Foundation says surveys show 5 percent of Americans have had a payday loan and 10 percent say they are somewhat or very likely to obtain one in the future.

Why so many?

Industry critics say one reason so many payday lenders may locate here is that few states have friendlier laws for the industry than Utah.

It is among 39 states that explicitly allow such loans. It is among 10 with no cap on interest rates or fees. It is among two with no maximum amounts for such loans. Utah has among the longest limits for "rolling over" or extending loans at high interest: 12 weeks. Most states ban rollovers.

"They obviously like doing business here with those kind of laws," said Linda Hilton, coordinator of the Coalition of Religious Communities, an advocacy group for the poor.

The Morning News also found that some online lenders offering payday loans nationwide via the Internet are located in Utah, apparently to take advantage of its friendly laws.

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For example, Instant Cash Flow (cashthis.net) says as part of its online application form, "Our loans are governed by Utah law. Utah law governing payday loans may differ from the laws of the state where you reside. If you do not want to enter into a loan agreement subject to Utah law, you should apply for this loan at a lender located in the state where you live."

Utah-based online lenders can charge higher rates than would be allowed in most states. For example, Global Pay Day (Cashnet500.com) of Murray charges $30 for a two-week, $100 loan. The annual percentage rate is 782 percent. That is higher than maximum rates allowed by at least 23 of 39 states that explicitly allow payday loans, not to mention the 11 states that have not legalized them but likely do not try to stop such Internet transactions.

Quik Payday, based in Logan, was issued a cease-and-desist advisory a few years ago by Colorado's consumer credit regulator for offering Internet loans at rates higher than Colorado allows. Quik Payday charged $20 per $100 for loans up to $500. Colorado caps rates at 20 percent for two weeks on the first $300, and 7.5 percent for loans from $300 to $500.

Pignanelli says the large numbers of payday lenders attracted to Utah come not so much for its laws but because of large numbers of people who need their services.

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Megan Pedersen, who says payday lenders seem to be everywhere, has used this Check City in Taylorsville.

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