Archive for April, 2010

Money merchants plan to stick around after payday loans go away

Monday, April 5th, 2010

Inside Tucson Business reports: (note: this article went to press before announcement of HB2035)

The impending end of pay day loans in Arizona won’t mean the end of merchants such as Speedy Cash and PayDay Max. To stay in business, money store operators say they will be adjusting their services to meet the letter of the law and the financial needs of their customers.

Arizona’s law allowing payday loans is due to expire June 30 and efforts to extend the law — at the polls in November 2008 and twice in this year’s session of the Legislature — have failed to change that so as of July 1, Arizona will join 15 other states where laws prohibit payday lending.

In the Tucson region there are about 100 payday loan outlets, per YellowPages.com. Although some consolidation is expected after the law goes away, commercial real estate brokers say they aren’t expecting to see an exodus or large-scale dumping of buildings onto an already-stressed market.

Brokers representing the lending companies or properties with payday lenders as tenants say they’ve been told that most plan to keep their locations but change their business model.

“They are re-adapting to stay in business,” said Greg Furrier, a partner in Picor Commercial Real Estate Services.  “Some will survive and some won’t, but we won’t see a mass vacating of buildings. And even if they all left, it wouldn’t impact the market much. Most spaces are only 1,000 square feet. You could stick them all under the roof of Wal-Mart.”

Payday lenders provide short-term loans, typically secured with a postdated check tied to the borrower’s next payday.  For example, the borrower writes a $300 check, dated two weeks in the future, and receives $255 cash. The lender then cashes the check on the day it is dated, keeping the $45 difference as a fee and/or interest for the loan.

Despite the failure to extend Arizona’s law, payday lenders who were contacted said they intend to stay in business by offering other services, such as payroll check cashing, direct deposit, other loans, prepaid debit and phone cards, money orders and transfers, fax and copy services, pawn, and/or lottery ticket sales. None of those contacted disclosed specific plans.

One clerk, who didn’t want his name used, said payday loans account for about half of his store’s revenues.

Hank Amos, president of Tucson Realty & Trust, believes the few buildings that will be vacated shouldn’t suppress values.

“Prices have taken such a beating already, I don’t see a huge play there,” he said. “Many of those properties are desirable, high visibility. That would create opportunities for others to pick up a nice location.”

Tim Prouty, managing director of CB Richard Ellis Tucson, said any vacancies will be easier to absorb because the buildings are small and spread out.

“The impact will be negligible on the market overall. Many of these buildings are on free-standing pads which are more attractive to replacement tenants,” he said.

Although there isn’t a lot of “swooping” right now, the loss of any tenant in this economy “is painful for a landlord. Some small property owners may be put into hardship.” said Don Ahee, operations manager at CB Richard Ellis.

“Although most have long-term leases, what’s interesting is what they negotiated. In the event their industry is deemed unlawful, some have a clause that releases them without penalty,” said Andy Seleznov, leasing director for Larsen Baker. “We own all our properties, any increase in vacancies would be devastating.”

If money stores locations close, landlords will be hard pressed to replace the high rents they were getting. Furrier and other brokers said many quick-cash companies pay as much as double the market rate.

“Most payday loan operations took premium locations and paid good prices for that positioning. Great real estate is always in demand,” explained Nancy McClure, firest vice president at CB Richard Ellis.

She added that “a lot” of pawn shops, restaurants and “quality retailers” are looking for these types of sites and may pick up the best vacancies.

Contact Roger Yohem at ryohem@azbiz.com or (520) 295-4254.

Copyright © 2010 Inside Tucson Business

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Payday lenders rely on vote

Sunday, April 4th, 2010

In Sunday’s Arizona Republic:

Senate panel to consider latest effort to retain industry

It could be third time’s a charm – or maybe it’ll be three strikes, you’re out – for the high-interest lending industry in Arizona.

The Legislature’s Senate Finance Committee will decide on Wednesday.

The committee’s agenda now includes a proposed strike-everything amendment to House Bill 2035 titled “Consumer loans; origination fees.” The text had not been released, but industry opponents on Friday already were mobilizing.

Payday-loan centers arrived in Arizona a decade ago after the Legislature approved a 10-year exemption to the state’s 36 percent cap on interest rates. If it’s not extended, that exemption expires June 30.

In 2008, the industry asked Arizona voters to make the exemption permanent. Voters said no.

This latest amendment is the industry’s third legislative attempt at survival this session.

In January, a bill that would have allowed the industry to continue with some restrictions was pulled from a House committee before a vote because it didn’t have enough support.

Last month, a Senate committee voted down a proposed strike-everything amendment to a different House bill that would have, among other things, allowed fees of $15 per $100 borrowed and required businesses to give at least 1.5 percent of fees collected to organizations that serve low- and moderate-income individuals.

“Payday loans are like Jason,” said Rep. John Kavanagh, R-Fountain Hills, referencing the killer in the “Friday the 13th” movies.

“But I think the overwhelming voter rejection is a stake in the heart (industry backers) will never pull out.”

Kavanagh said he originally supported extending the exemption – until the voters overwhelmingly disagreed. He said he hasn’t seen the latest amendment.

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Payday loans may try last-ditch effort to stay alive

Friday, April 2nd, 2010

On AzCapitolTimes.com:

The payday loan industry is making another attempt to extend its life, less than a month after its efforts were rebuffed by a panel of lawmakers.

The Senate Finance Committee is expected to hear a striker amendment April 7 that deals with consumer loans and origination fees.

The exact language, however, was unavailable on April 2.

“I understand from other members (of the Finance Committee) that they have been approached by the lobbyists for the payday loan companies, saying that they are going to use a backdoor approach to stay in business,” said Sen. Debbie McCune Davis, a Democrat from Phoenix.

“It looks like pretty much the same thing,” said Sen. Ron Gould, a Lake Havasu Republican and member of the Finance Committee.

Gould said he will vote against the striker.

The striker is to H2035, a bill that allows counties to establish a University Athletic Facilities District.

Payday industry representatives could not be reached for comment.

On March 16, the Senate Appropriations Committee voted down a strike-everything amendment on H2370.

The amendment would have repealed the June 30 sunset date facing payday lenders, allowing them to continue operating in Arizona.

It was the payday loan industry’s third bid in two years to stay in business. Proposition 200, an industry-written ballot initiative, failed in 2008 when 60 percent of voters rejected it.

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Payday loan lenders seek late compromise

Friday, April 2nd, 2010

In the East Valley Trib, Capitol Media Services reports:

Unable to keep payday loans legal in Arizona, lenders are making a last-ditch plea to get lawmakers to approve an alternate plan to keep them in business beyond June 30.

Legislation set for debate Wednesday would alter existing laws on consumer loans to let lenders charge an origination fee of up to 7.5 percent for loans up to $1,000. That is 2.5 points higher than current law.

They also would be able to charge a new $10 fee for preparing documents on collateral and obtaining a credit report.

But they would have to live under the existing laws which limit the annual percentage rate that can be charged under the loan itself to 36 percent.

Lobbyist Lee Miller who represents Arizona Consumer Finance Services of Arizona, said payday lenders realize their industry effectively is dead in Arizona. “They got the message,” he said. “They understand what’s acceptable for making loans is 36 percent annual percentage rate.”

That’s what’s permitted under the consumer finance laws now. But with the changes Miller wants, the actual charges will be more — though not as high as on payday loans. [Editor's Note: Not necessarily true.]

Under a payday loan, someone who needs $500 for up to two weeks has to write out a check for that amount plus a fee of $17.85 for each $100 borrowed. That comes out to $89.25 for that two-week loan, an annual percentage rate of more than 400 percent.

A direct comparison to what Miller is proposing isn’t possible, as consumer lending laws require these loans be at least one month long with multiple payments. That, he said, effectively precludes loans shorter than one month. [Editor's Note: This statement is also not supported by the legislative language.]

So someone borrowing $500 for two months, with a payment at the end of each month, would have to pay $37.50 for the origination fee, another $22.62 in interest plus the $10 document preparation fee, for total charges $70.12.

Sen. Debbie McCune Davis, D-Phoenix, who has led the fight to kill payday lending, said she had not seen what the industry is proposing. But she said she already does not like it.

“It’s still predatory,” she said. And McCune Davis said she’s particularly suspicious of this last-minute push by the payday lenders.

“They’re doing what we knew they would do all along, and that is try to find loopholes to stay in business,” she said.

They also are using a procedural maneuver of a “strike-everything” amendment that will be considered Wednesday by the Senate Finance Committee. That would strip the new language onto an unrelated bill which already has been approved by the House.

That means just a single public hearing on the issue: If the committee approves, the bill goes to the full Senate and then back to the House to concur with the changes, with no need for an additional hearing there.

Payday lending exists only because lawmakers in 2000 agreed to a special exemption from the 36 percent interest cap for what are called “deferred presentment transactions.” That permits the $17.85 fee for each $100 borrowed for two weeks.

But lawmakers agreed to have that special law self destruct after 10 years, a move designed to force them to revisit the issue. That 10 years is up June 30.

An industry-financed initiative to keep payday lending alive was defeated in 2008 by a 3-2 margin. And the Senate Appropriations Committee just last month killed a similar plan.

Miller called this new proposal a “back to the future” plan.

He said that consumer finance loans were the only option for small loans before payday lending, with firms like Household Finance Co. having storefront presences throughout the state.

Payday loans weren’t the only thing that killed consumer lenders, Miller said. He said loose lending practices by banks in the 1980s made it easy for just about anyone to get a credit card.

While consumer lending has all but disappeared, the laws regulating it remain — the laws Miller now wants to alter. Miller said the payday lenders can live within those laws — with the additional fees.

He acknowledged that payday lenders who have invested in retail outlets in Arizona area are interested in doing what they can to stay in business. Miller said they believe this proposal, if adopted, would generate enough cash.

Many payday lenders have other lines of business, including title loans, check-cashing services and acting as agents for the Motor Vehicle Division to register vehicles.

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They’re Back Already!

Friday, April 2nd, 2010

We said they weren’t done. And we were right.

It appears the payday lenders have found yet another way to try to protect their triple-digit interest rates. And from what we hear, it’s going to be a “full court press.”

The bill is HB2035: university athletic facilities district, S/E: consumer loans; origination fees.

This new “strike-everything” bill will aim to give the payday lenders a renewed lease on life — and the ability to continue charging triple-digit rates — less than three months before the July 1, 2010 sunset date. Unbelievable!

On the surface, the bill may look different than the ones we saw earlier in the session, but the result would be the same — special protected status for payday lenders, allowing them to charge triple-digit rates and receive a guaranteed rate of return. The voters said NO!

It appears that the legislators most complicit in this “Backdoor Payday Revival Scheme” are Sen. Jack Harper (Surprise, Sun City West, Peoria, Wickenburg), Sen. Barbara Leff (Paradise Valley), Sen. Russell Pearce (Mesa), and Rep. Warde Nichols (Chandler, Gilbert, Sun Lakes, Queen Creek).

The bill will be heard THIS WEDNESDAY in the Senate Finance Committee:

SENATE FINANCE COMMITTEE
Wednesday, April 7, 2010
1:30 PM

Senate Hearing Room 3
Arizona State Senate
1700 West Washington
Phoenix

Call the Finance Committee Members today. Tell them enough is enough!

Sens. Jack Harper, Barbara Leff and Russell Pearce are actively giving this bill a lifeline AND are all prominent members of this committee. They NEED to hear from you.

SENATE FINANCE COMMITTEE:

Sen. Jack Harper (Republican – District 4)
Committee Chairman

(602) 926-4178
jharper@azleg.gov

Sen. Barbara Leff (Republican – District 11)
Committee Vice-Chair

(602) 926-4486
bleff@azleg.gov

Sen. Russell Pearce (Republican – District 18)
(602) 926-5760
rpearce@azleg.gov

THE OTHER FIVE MEMBERS OF THE FINANCE COMMITTEE ARE:

Sen. Ron Gould (Republican – District 3)
(602) 926-4138
rgould@azleg.gov

Sen. Ed Bunch (Republican – District 7)
(602) 926-4916
ebunch@azleg.gov

Sen. Richard Miranda (Democrat – District 13)
(602) 926-5911
rmiranda@azleg.gov

Sen. Ken Cheuvront (Democrat – District 15)
(602) 926-5325
kcheuvront@azleg.gov

Sen. Debbie McCune Davis (Democrat – District 14)
Tips? (602) 926-4485
dmccunedavis@azleg.gov

If you are outraged, pick up the phone! Then forward this alert to all your friends.

There’s one more thing you can do to help put an end to this right now:

Please donate $30, $60, $100 or $200 TODAY to help us fight back!

FYI, though he doesn’t have to cast a vote, Rep. Warde Nichols (Republican – Dist 21) is also complicit in these shenanigans.

Just as he did with HB2370 before, he’s allowing HB2035, a bill for which he is the sole sponsor, to be used as the “strike-everything vehicle” for the payday lenders — after it passed out of the House of Representatives on a completely different matter.

Let Rep. Nichols know what you think about extending triple-digit interest payday loans. His number is (602) 926-5168. You can email him here.

Thank you for taking action.

We’ll give you more details as soon as we learn them.

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