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$255 Payday Loans Online Same Day Fears – Loss of life

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How High-Interest 'Rent-a-Bank' Loans bypass state rate caps

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How High-Interest 'Rent-a-Bank' Loans Sidestep State Rate Caps
Rent-a-bank loans offer online loans that can charge three-digit APRs in states that have caps on interest rates on small loans.


Last updated on Dec 2, 2022.

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An online search of "online loan" returns a list of low-interest personal loans as well as no-credit-check loans with high interest rates. This latter option could not be offered in all states if not because of the "rent-a-bank" commercial model.
This type of lending is facilitated by firms that use financial technology to partner with banks to distribute at triple-digit annual percentage rates to customers who might not be eligible for lower-interest loans.
Although they're most well-known on the web, you may also find rent-abank loans at retail stores, auto repair shops or pet stores, according to Lauren Saunders, associate director at the National Consumer Law Center, which advocates for consumers and against rent-a bank loans.
States have attempted to limit the high-interest lending market by establishing interest rate caps, but the rent-a bank model permits loans that have APRs of 150% or higher to reach people across the country. Researchers and consumer advocates say the high-interest loans can result in borrowers being stuck with long-term debt that is difficult to repay.
How do rent-a-bank loans function?
Many states have laws restricting the maximum interest rate lenders can charge, but there are exceptions for banks, Saunders says.
It means, when the state decreases its maximum interest rate, banks like payday lenders are often affected, however banks that issue high-cost loans may not be. At present, state rate caps vary from 17% to 59% for two-year $2,000 loans, according to the NCLC. The average APR is 32%.
For instance, Washington state limits interest rates on two-year $2000 loans at 29%, but consumers there can still get a loan that has a 100% APR.
When a financial technology company or online lender is looking to provide expensive loans to consumers across the nation, it works with a bank, instead of lending under specific state-specific rate capsas the nonbank lender would.
Hence, the term "rent-a-bank" is a reference to the online lender is thought of as a lender who leases the charter of the bank to make costly loans.
Consumer advocates say the fintech company should be treated as if it were providing the loans, which would force it to follow state rate caps.
"The rent-a-bank lenders are obviously trying to circumvent the preferences of voters and the legislatures that do not want lending that is predatory in their state," Saunders says.
However, some people experts in the lending sector say that the arrangement is a positive collaboration, not just renting.
Fintech companies have the expertise of a marketing agency, designing and managing applications, while the bank can manage the complex lending regulations, claims Scott Pearson, head of the consumer financial services division within the firm of law Manatt, Phelps and Phillips LLP.
Pearson the lawyer who represents banks and fintech companies , and helped them navigate regulatory issues, believes that the term "rent-a-bank" is not accurate.
"The idea is that you'll just need to pay a bank to permit you to utilize their charter, but that's just completely inconsistent with the way things are done," he says. "The banks are extremely involved in these partnerships."
How rent-a-bank loans can be damaging
Rent-a-bank loans make it possible for consumers to access the market in states where those rates aren't allowed.
Some say these loans provide necessary access to credit for those with weak credit scores or income that could keep them from qualifying for low-cost alternatives like personal loans and credit cards.
"While consumers enjoy the benefits of an oceanfront of companies and products but not everyone is eligible for each product, principally because of poor credit or a higher risk to credit," says Andrew Duke as executive director of the Online Lenders Alliance, which represents fintech companies that partner with banks in offering quick-term, online loans. "The rate reflects a higher risk that the consumer poses to a lender."
However, consumer advocates believe that the loans do more harm than they do good.
A September survey by the Center for Responsible Lending called rent-a-bank loans "some of the most predatory loans on the marketplace," citing rates from 100% to 189%.
A loan illustration in the survey shows a rent-abank loan which was paid back over nine months with a 159.33 APR of 159.33 . The borrower paid $2,355 interest, which was more than half of what was taken out.
A key finding from the study was that "The cost of repaying high-cost loans frequently caused borrowers to default on payments for other obligations, which resulted in additional debt or a larger financial deficit -- aggravating rather than easing existing financial difficulties."
Other alternatives to the high interest loans
Be aware of the options before borrowing regardless of the location you reside in. Here are some alternatives.
Seek help from local nonprofits or charities for assistance with food, gas, or bills for utilities.
If your bills are mounting and you are unable to pay them, contact your creditor, utility company or landlord to place you on a payment plan. Ideally, this is an opportunity to pay no interest and temporarily cut costs.
While it might be difficult, consider reaching out to friends or family for an interest-free or low-cost loan to bridge a gap in income or pay for an unexpected expense.

What to do if you are in the middle of an interest-rate high loan
The Consumer Financial Protection Bureau and states' attorneys general sometimes are able to bring legal action against lenders for predatory practices. If you're stuck in a high-interest loan, Saunders recommends filing an action with both.
If you need legal help, the NCLC provides a number of services , including for consumers with low incomes.


About the writer Annie Millerbernd is an individual loans writer. Her work has appeared in The Associated Press and USA Today.







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