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Some Key Facts on the Canadian Payday Loan Industry

Some key facts associated with the Canada payday loan industry, as determined by an authoritative study, are:

1. Charging more than 60% p.a. interest rate is a crime in Canada, as per section 347 of the Criminal Code.

2. In 2006, the average payday loan was valued at $280, given for a period of 10 days.

3. Lenders typically give the credit based on the percentage of net pay.

4. Demographic break up of most likely borrowers is: males; people in 18-34 age group; urban residents and earning less than $30000 per year.

5. Payday lenders follow three models of operation: traditional, broker and insurance. The last two also give them a way to circumvent section 347 of Criminal Code.

6. Most people use check cashing service to get the money and next in number are the Canada payday loan takers.

7. The companies offering instant payday loan also offer money transfers, foreign currency exchange, bill payment and money orders.

8. The most important reasons for the use of the Canada payday loan services were the facility to take immediate loans, faster operations, more efficient services, convenient opening hours and opening on weekdays and availability of facility even for the bad credit people.

9. Only about of a tenth of the people surveyed who needed these loans are likely to approach these companies more than once a month. Close to half of people go to them less than once a year.

10. The high effective annual rates are directly related to the short terms and small amounts of these loans.

11. Two major cost components of these companies are: operating costs and cost of loans not paid till 90 days. Operating costs are fixed in nature and this makes the interest rate higher.

12. Despite the high EARs customer are willing to take these loans because of the reason that they consider the actual dollar cost of the loans which has to be paid back in a short span of time.

13. No criminal case has been instituted against the payday lenders even though section 347 provides it. However, there are many civil cases underway.

14. In Canada, the prior sanction of Provincial Attorney General is required for initiating a case under section 347.

15. Government‘s reluctance to initiate criminal proceedings stems from the fact that the borrowers might turn to illegal means in the absence of Canada payday loan stores.

 

Canadian Government Initiatives to Regulate Payday Loan Industry

A significant trend has been noticed in the mushrooming of Canada payday loan industry. Wherever the banks have not been giving the small amount loans to the needy people, the payday loan shops have come up sensing the requirements of the people. However, the consumer protection groups and even the government have been quite critical of the way these organizations carry on with their works. Therefore, the state and province governments have been bringing in legislation wherein the borrowers are given some respite from the high interest rates enabling them to come out of the spiral of debt.

Some of the main focus areas of regulations by the federal and State governments are:

1. Capping Interest rates: Some States have fixed the upper limits of the interest that can be charged from the customers. For example, Manitoba has a regulation for not charging more than $17per $100 of lending. Earlier, even the cheap payday loan came at $40 for every $100.

2. Ending the roll-overs and Extensions: Once you get into the debt trap, there is no room to escape because the interest is very high. So, you end up seeking more extensions or taking one more loan after paying off the earlier one. The government serious about ending this continued misery of the borrowers. It proposes a cooling off period between the back to back loans and this has to be longer than one pay cycle so that the borrower can try and pay off his debt with his pay.

3. Limits on amount of lending depending on the person’s ability to pay back. This can be fixed at a percentage of his salary. Say, a person will be able to get only 25% of his salary as a payday loan. Further, there might be stricter adherence for the verification check by the Canada Payday loan lenders in order to ascertain that the person has does not have other credit liabilities.

4. Tougher licensing norms: Licensing shall be made mandatory for this billion dollar industry. The government may ask for publication of complaints history, making public the corporate structure and ownership and regular reporting to the designated regulator.

With ever increased focus on the need of regulating this industry, it has become pertinent for the provincial governments to take concrete steps in this direction for the better protection of the consumers. It is time for the Canada payday loan industry to change the way business is being done.