Payday loans are supposed to be a short-term quick fix for those who can’t get traditional credit. But the loans are rarely actually short-term, and borrowers frequently need to take out a second loan to pay off the first. Special correspondent Andrew Schmertz reports from South Dakota, where some are trying to cap triple-digit interest rates that many struggle to pay.
GWEN IFILL: But, first, payday lending is a $46 billion industry in the U.S. About 12
million Americans borrow more than $7 billion annually from over 22,000 storefronts.
But the industry's practices have long been under scrutiny.
Special correspondent Andrew Schmertz has the story from South Dakota, part of our ongoing
reporting initiative Chasing the Dream: Poverty and Opportunity in America.
ANDREW SCHMERTZ: Living paycheck to paycheck isn't easy. Sometimes, you have to come up
with creative ways to relieve the stress.
KRISTI MCLAUGHLIN, South Dakota: A good way to just live in denial is just throw away
your bills. I know I can't pay them anyway, so...
ANDREW SCHMERTZ: Kristi McLaughlin and her husband, T.J., were getting by on T.J.'s salary
as a manufacturing plant manager here in Sioux Falls, South Dakota, that was, until T.J.
got sick.
T.J. MCLAUGHLIN, South Dakota: I was working the night shift, and I was on my feet a lot.
And I had a couple of wounds start developing on my leg. And they were pretty small at first,
and then they got infected and just started growing.
ANDREW SCHMERTZ: When T.J. went to get treatment, the doctor said it would only take a day,
but, in fact, he ended up missing a whole week of work.
T.J. MCLAUGHLIN: They ended up docking my pay. We ended up being short on bills. I panicked,
so...
ANDREW SCHMERTZ: So McLaughlin came here, a title loan place just a few miles from his
home. He says the process was simple and quick. They inspected his car and then handed him
$1,200 in cash. He agreed to pay $322 a month for a year.
T.J. MCLAUGHLIN: I was making good money. I didn't really foresee a problem paying it
back at that time.
ANDREW SCHMERTZ: But then his leg got worse, and he had to go back to the hospital for
another week.
KRISTI MCLAUGHLIN: And on Wednesday of the following week, the H.R. person called from
his job and fired him, and, on that day, we pretty much lost everything.
ANDREW SCHMERTZ: But not the loan. After nine months, the total amount they owed grew from
$1,200 to over $3,000. That's an annual interest rate of more than 300 percent.
Title loans and payday loans are supposed to be short-term quick fixes for people who
can't get traditional credit.
ACTRESS: Do you need fast cash? You have come to the right place.
ANDREW SCHMERTZ: They use high-energy commercials and bank-like storefronts to entice people
to borrow money at triple-digit interest rates. The problem? They are rarely short-term. Borrowers
frequently need to take out a second loan to pay off the first one. It's called flipping.
STEVE HICKEY (R), Former South Dakota State Legislator: The average payday loan in the
United States is flipped eight times. And they are a debt trap that's intentionally
marketed to the financially unsophisticated, intending to lock them in on something that
they can't pay back.
ANDREW SCHMERTZ: Former state lawmaker Steve Hickey tried to rein in the industry, which
charges an average of 574 percent, with legislation to cap interest rates. But he could never
get his bills out of committee.
STEVE HICKEY: Just not much stomach in the legislature, because the financial sector
in our state is such a huge deal. There's millions and millions at stake.
ANDREW SCHMERTZ: South Dakota has been the epicenter of high interest since the 1980s,
when the state repealed laws capping rates to attract jobs from credit card companies
like Wells Fargo and Citibank.
STEVE HICKEY: The purpose at that time was to bring in 400 Citibank jobs, not to bring
in 400 percent interest rates.
ANDREW SCHMERTZ: Hickey wasn't alone in recognizing the problems created by these short-term loans.
Steve Hildebrand runs Josiah's coffee shop here in Sioux Falls. He's seen the detrimental
effects of these high interest rates firsthand.
STEVE HILDEBRAND, South Dakotans for Responsible Lending: I have had employee after employee
after employee over the last three years in the coffee shop, going through horrible, horrible
financial experiences, taking out these emergency loans, and just getting into this terrible
cycle of debt that is incredibly hard for them to get out of.
ANDREW SCHMERTZ: Hildebrand, an openly gay Democrat who worked on the Obama campaign,
didn't have much in common with Hickey, a Republican and conservative Christian pastor
who has railed against homosexuality, but they did see eye to eye on what they consider
predatory lending.
STEVE HICKEY: We created a campaign called South Dakotans for Responsible Lending. Steve
and I are chair and co-chair. It's brought people on the right and the left together
in a very healthy way.
ANDREW SCHMERTZ: They decided to use a tactic that was born right here in the Mount Rushmore
state in 1898, the ballot initiative.
REYNOLD NESIBA, South Dakotans for Responsible Lending: And you're registered to vote in
South Dakota?
WOMAN: Yes.
ANDREW SCHMERTZ: Reynold Nesiba is a volunteer gathering signatures to put a measure on the
ballot that would do what lawmakers could not: cap interest rates on all loans at 36
percent.
REYNOLD NESIBA: And I feel so strongly about this that I'm the treasurer of this campaign,
so that's my name on the bottom. If you're registered to vote, I would love to have your
signature.
ANDREW SCHMERTZ: The goal? To get well more than the 13,871 signatures required to put
the issue in front of voters next November. With millions of dollars in revenue at stake,
the lending industry is strongly opposed to any new regulation.
Two-thirds of U.S. states allow some form of high-interest-rate loans, and when similar
initiatives have sprung up in other states, the industry has fought back. Here in South
Dakota, the lending industry is fighting back using a ballot initiative itself.
STEVE HILDEBRAND: They were putting forward an 18 percent rate cap in order to convince
people they should sign that one, instead of the 36, because 18 sounds better than 36,
right?
ANDREW SCHMERTZ: By that initiative comes with a catch. It only caps rates at 18 percent
-- quote -- "unless the borrower agrees to another rate in writing," meaning if the borrower
wants the loan, they have to agree to whatever terms the lender demands.
STEVE HILDEBRAND: So, the 18 percent rate cap is just a fake cap.
ANDREW SCHMERTZ: Teams of paid circulators have been out across the state gathering signatures
for that petition. None were willing to speak with us on camera, and repeated requests for
comment went unanswered.
When asked about capping rates at 36 percent, the one payday lender who did speak with us
was unequivocal.
CHUCK BRENNAN, CEO, Dollar Loan Center: It's a kill-bill for the state. The entire lending
industry would be out of business with it.
ANDREW SCHMERTZ: Chuck Brennan, a Sioux Falls native, is the founder and CEO of Dollar Loan
Center, a chain of more than 90 short-term lending stores, with 11 locations in South
Dakota.
CHUCK BRENNAN: We have a huge customer base. In South Dakota, we have had over 40,000 applicants
for loans over the years. Over 20 percent of the state who is over 18 has applied for
a loan here, which really shows there's a need for the product out there.
ANDREW SCHMERTZ: Further, Brennan says a rate cap will actually harm the people it is intended
to help.
CHUCK BRENNAN: It isn't like when the industry goes out of business people are going to stop
needing money. They're going to have to turn to online loans, illegal sources, and something
that the state can't regulate.
ANDREW SCHMERTZ: But Hickey says, in reality, there are plenty of ways to help people who
need money without charging them triple-digit interest.
STEVE HICKEY: As an employer with employees, I would give a payday advance. I know Steve
Hildebrand does at his coffee shop. He will lend somebody money on their paycheck at zero
percent interest, and maybe there could even be regulation on that. Four times a year,
it's an employee benefit.
ANDREW SCHMERTZ: After months of hard work, the campaign gathered over 20,000 signatures
for Hildebrand to deliver to the secretary of state. But the opposing lender-supported
campaign also managed to gather enough signatures to get on the ballot.
STEVE HILDEBRAND: The payday lenders are going to spend millions of dollars on television
trying to confuse voters and misrepresent our side.
ANDREW SCHMERTZ: So, the fight's not over. Hildebrand has one year to convince South
Dakotans to vote for his interest rate cap. In the meantime, T.J. ended up losing his
fight to save his leg. It was amputated six months after he lost his job.
KRISTI MCLAUGHLIN: It needs to go at least to there.
ANDREW SCHMERTZ: T.J. and Kristi are now focused on rehab, instead of the title loan.
KRISTI MCLAUGHLIN: I told them to come and get the car. Take it. You know, our world
has fallen out from underneath us, and if you want it that badly, come and get it.
ANDREW SCHMERTZ: Over Thanksgiving, the lender repossessed their car.
T.J. MCLAUGHLIN: People get sick. And, you know, if it's serious enough, they can lose
everything. We lost everything in a matter of a week, it seems like.
ANDREW SCHMERTZ: T.J. and Kristi may have to find their way out of this devastation
on their own. But they hope, by speaking out, they can at least save other South Dakotans
from becoming trapped in a nightmare of high interest rates.
For the "PBS NewsHour," Andrew Schmertz in Sioux Falls, South Dakota.
Now Hari Sreenivasan takes a broader look at the problems lower-income Americans face
when it comes to getting the money they need.
HARI SREENIVASAN: South Dakota isn't the only place where payday loans are such a big problem.
While a few states have banned or imposed strict regulations on these fringe lenders,
they're ubiquitous in most of the country. In fact, there are more payday lending storefronts
than there are Starbucks and McDonald's combined.
In her book "How the Other Half Banks," Mehrsa Baradaran explores the booming industry providing
financial services to the poor at exorbitant costs and offers some more equitable solutions.
Thanks for joining us.
So, why -- where is this gap created? And why isn't there an incentive for all banks
to reach out to all people with money?
MEHRSA BARADARAN, Author, "How the Other Half Banks": The gap is fairly new.
So, starting in the 1980s, a lot of community banks started shutting down branches in lower-income
areas, inner-city neighborhoods, areas where their profit margins were lower than in other
areas. And so part of it is, it's higher cost to lend to someone or to take a small deposit
than it is to get a big deposit. Right? Your overhead is the same whether you're, you know,
taking in $100,000 vs. taking in $500, but your revenue off of that $100,000 is much
higher than it is off of that small deposit.
And so these banks started leaving these areas. And part of it is that the government deregulatory
forces allowed them to merge and form these huge conglomerates such as Bank of America.
So, as these banks leave, they leave this void for banking service. And this is a void
that quickly is filled by these fringe lenders, so payday loans, check cashing.
HARI SREENIVASAN: Now, when you go through certain cities, just like there are food deserts
where you don't have a grocery store, it seems like there are almost bank deserts, where
it's populated primarily with these lenders that you're talking about.
How much money is there to be made?
MEHRSA BARADARAN: It's an $89 billion industry yearly. And it doesn't seem that way.
So, when you go into these neighborhoods, these check cashers or payday lenders, they
seem like neighborhood joints. But they're really sort of multinational corporations.
They're large, very profitable organizations.
And they have this, what I call a facade of informality, right? So it seems as though,
look, they speak your language. They're in your neighborhood, but, really, behind them,
there is a lot of bank financing. These are very sort of corporate, big, big firms.
HARI SREENIVASAN: These companies are going to say, look, I'm taking a greater risk. This
is a person that is not as creditworthy as someone who maybe walks into a Bank of America
with a much larger amount of assets, right, so shouldn't I be able to charge a higher
interest rate to get them this money fast?
MEHRSA BARADARAN: It is certainly a higher risk to lend to someone who's low-income.
However, there's a lot of studies to show that the price that they're actually charging
isn't the cost of the loan. It's also fairly misleading when you compare it to the credit
markets that the middle class and higher income have access to.
And one of the big points of the book is, even assuming that this is a market price
that they're charging and it is the cost of credit because of the risks and the defaults,
et cetera, the rest of us don't pay market prices for credit.
The credit markets, whether it's for our mortgages, our student loans, any sort of bank credit
you get is heavily subsidized by the federal government.
HARI SREENIVASAN: The book is called "How the Other Half Banks."
Mehrsa Baradaran, thanks so much for joining us.
MEHRSA BARADARAN: Thank you.