Professional Documents
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EXECUTIVE SUMMARY
Billed by its purveyors as a “quick cash” solution for life’s unexpected financial emergencies, payday
lenders peddle this modern-day snake oil to 12 million1 hardworking men and women each year. For
too many, a cycle of seemingly inescapable debt follows. They have fallen victim to an industry that
has used harassment, intimidation, and threats to keep that cycle spinning for this $46 billion2
industry.
When the Consumer Financial Protection Bureau (CFPB) was created in 2010 as part of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, it was charged with overseeing the payday
lending industry among other responsibilities.3 4 Just a few years later, the CFPB released startling
research detailing the damaging effects payday lending has on the financial wellbeing of consumers.5
It found:
• Only 15% of payday loan borrowers are able to repay their loans on time. The remaining
85% either default or take out a new loan to cover old loan(s).
• More than 80% of payday loan borrowers rolled over (renewed) their loans into another
loan within two weeks.
• More than one-in-five new payday loans end up costing the borrower more in fees than the
total amount actually borrowed.
• Half of all payday loans are borrowed as part of a sequence of at least ten loans in a row.
It is findings like these that propelled the CFPB to carefully consider over a number of years and
eventually promulgate a tough new rule designed to protect consumers from payday lending
industry-induced debt cycles. These important safeguards are now under attack by payday industry-
backed politicians in Congress and CFPB “Acting Director” Mick Mulvaney who took more than
$60,000 in campaign cash from payday lenders6 before his legally
dubious installation by President Trump in November of 2017.7
This debt cycle being addressed by the CFPB is purposeful. It is by
design. That’s how payday lenders make their money. As Daniel
Feehan, then-president and CEO of payday lender Cash America,
admitted at a 2007 conference, “[t]he theory in the business is [that]
you’ve got to get that customer in, work to turn him into a repetitive
customer, long-term customer, because that’s really where the
profitability is.”8
In fact, an internal company training manual for payday lending
giant ACE Cash Express depicting the cycle of a payday loan dubbed
it, “The Loan Process.”9 10 Using a circular graphic that resembles an image commonly used for
recycling, the manual shows a consumer taking out a loan with ACE, spending all of the money, not
having the ability to repay the loan, and then either taking out another loan with ACE or having their
account sent to collections and returning to the beginning of the cycle by taking out a new payday
loan from ACE to get their account out of collections.
For most payday loan borrowers, this isn’t about a one-time loan to help cover an unforeseen
financial emergency. Research from The Pew Charitable Trusts found most payday loans (nearly
1 "Payday Lending in America: Who Borrows, Where They Borrow, and Why," The Pew Charitable Trusts, 7/19/12
2 Mandi Woodruff, "The $46 billion payday lending industry is in for a big blow," Yahoo! Finance, 2/10/15
3 Nick Bourke, "Meaningful Payday Loan Reform Is Within Reach," The Pew Charitable Trusts, 7/21/15
4 Consumer Financial Protection Bureau, Press Release, 3/25/14
5 CFPB Data Point: Payday Lending, The CFPB Office of Research, 3/14
6 OpenSecrets search for Payday Lenders, Center for Responsive Politics, accessed 12/13/17.
7 “English v. Trump,” Gupta/Wessler, accessed 3/5/18.
8 Thomas B. Edsall, "Making Money Off the Poor," The New York Times, 9/17/13
9 Consumer Financial Protection Bureau, Press Release, 7/10/14
10 Danielle Douglas, “Payday lender Ace Cash Express to pay $10 million over debt-collection practices,” The Washington Post, 7/10/14
17 CQ Vote Report, S Con Res 11, Congressional Quarterly, 03/26/15; S.Amdt.842 to S.Con.Res.11, Senate Vote 117, 03/26/15
18 Follow the Money search for Payday Lender contributions to Richard Shelby, National Institute on Money in State Politics, accessed 12/05/17
19 "Senate Democrats Block GOP Effort To Weaken Consumer Lending Protection," The Frontrunner, 05/07/10
20 Follow the Money search for Payday Lender contributions to Richard Shelby, National Institute on Money in State Politics, accessed 12/05/17
21 CQ Vote Report, S Con Res 11, Congressional Quarterly, 03/26/15; S.Amdt.842 to S.Con.Res.11, Senate Vote 117, 03/26/15
22 Follow the Money search for Payday Lender contributions to Mike Crapo, National Institute on Money in State Politics, accessed 12/05/17
23 CQ Vote Report, S Con Res 11, Congressional Quarterly, 03/26/15; S.Amdt.842 to S.Con.Res.11, Senate Vote 117, 03/26/15
24 Follow the Money search for Payday Lender contributions to Pat Toomey, National Institute on Money in State Politics, accessed 12/05/17
25 "House Passes Bi-Partisan Small Business Bills," US Fed News, 11/04/11
26 "November 2011 Vote History," U.S. Representative Phil Roe, M.D., accessed 09/26/17 and HR 2940, House of Representatives Vote 827, 11/03/11
27 Follow the Money search for Payday Lending contributions to Tim Scott, National Institute on Money in State Politics, accessed 12/05/17
28 CQ Vote Report, S Con Res 11, Congressional Quarterly, 03/26/15; S.Amdt.842 to S.Con.Res.11, Senate Vote 117, 03/26/15
29 Follow the Money search for Payday Lending contributions to Tim Scott, National Institute on Money in State Politics, accessed 12/05/17
35 Joseph Lawler, "House passes bill targeting CFPB, regulations," Washington Examiner, 02/04/15 and Pete Schroeder, "House bill would cap CFPB budget," The Hill,
39 Alan Zibel, "House Passes Bill Limiting Consumer Regulator," The Wall Street Journal, 02/27/14 and HR 3193, House of Representatives Vote 85, 02/27/14
40 AFL CIO et. al Letter to Representative, 5/03/11
41 Follow The Money search for Payday/Title Loans to Jeb Hensarling, Follow The Money, accessed 12/01/17
42 HR 3118, House of Representatives, 07/20/15
43 Follow The Money search for Payday/Title Loans to Will Hurd, Follow The Money, accessed 12/01/17
44 Ian McKendry, "Bipartisan Group of Lawmakers Urges CFPB to Ease Up on Payday Rule," American Banker, 09/30/16
45 Follow The Money search for Payday/Title Loans to Blaine Luetkemeyer, Follow The Money, accessed 12/06/17
46 H.R.5485, Library of Congress, accessed 09/26/17
47 "July 2016 Vote History," U.S. Representative Phil Roe, M.D., accessed 09/26/17 and HR 5485, House of Representatives Vote 369, 07/06/16
48 Follow The Money search for Payday/Title Loans to Blaine Luetkemeyer, Follow The Money, accessed 12/01/17
49 Cristina Marcos, "House rebuffs bid to limit congressional review of CFPB," The Hill, 07/15/14 and HR 5016, House of Representatives Vote 411, 07/15/14
50 Follow The Money search for Payday/Title Loans to Blaine Luetkemeyer, Follow The Money, accessed 12/01/17
51 HR 1566, House of Representatives, 04/15/13
52 Justin Wingerter, "Ethics complaint against Rep. Kevin Yoder alleges pay-for-play with payday loan industry," Topeka Capital-Journal, 10/09/15
53 Follow The Money search for Payday/Title Loans to Blaine Luetkemeyer, Follow The Money, accessed 12/01/17
54 Follow The Money search for Payday/Title Loans to Blaine Luetkemeyer, Follow The Money, accessed 12/01/17
55 Seung Min Kim, "House bill revamps consumer agency," Politico, 07/21/11 and HR 1315, House of Representatives Vote 621, 07/21/11
56 AFL CIO et. al Letter to Representative, 5/03/11
57 Ian McKendry, "Bipartisan Group of Lawmakers Urges CFPB to Ease Up on Payday Rule," American Banker, 09/30/16
58 Follow The Money search for Payday/Title Loans to Patrick McHenry, Follow The Money, accessed 12/06/17
59 HR 1214, House of Representatives, 02/26/09 and Editorial, "391 Percent Payday Loan," New York Times, 04/12/09
60 Follow The Money search for Payday/Title Loans to Gregory Meeks, Follow The Money, accessed 12/01/17
61 Blaine Luetkemeyer et. al. to Michael Horowitz et. al., 10/16/14
62 The Editorial Board, "'Operation Choke Point' Hits the Mark," The New York Times, 10/10/14
63 Follow The Money search for Payday/Title Loans to Steve Pearce, Follow The Money, accessed 12/04/17
64 Blaine Luetkemeyer et. al. to Eric Holder et. al., 08/22/13 and Community Financial Services Association of America et. al. v. Federal Deposit Insurance Corporation et.
al., Case 1:14-cv-00953 and The Editorial Board, "'Operation Choke Point' Hits the Mark," The New York Times, 10/10/14
65 Follow The Money search for Payday/Title Loans to Steve Pearce, Follow The Money, accessed 12/04/17
66 Joseph Lawler, "House passes bill targeting CFPB, regulations," Washington Examiner, 02/04/15 and Pete Schroeder, "House bill would cap CFPB budget," The Hill,
68 Victoria Finkle, "Luetkemeyer Tries Again on Anti-Choke Point Bill," American Banker, 02/06/15; Cristina Marcos, "House passes bill to halt 'Operation Choke Point',"
The Hill, 02/04/16; and HR 766, House of Representatives Vote 63, 02/04/16
69 The Editorial Board, "'Operation Choke Point' Hits the Mark," The New York Times, 10/10/14
70 Follow The Money search for Payday/Title Loans to Ed Royce, Follow The Money, accessed 12/01/17
71 Joseph Lawler, "House passes bill targeting CFPB, regulations," Washington Examiner, 02/04/15 and Pete Schroeder, "House bill would cap CFPB budget," The Hill,
73 Cristina Marcos, "House rebuffs bid to limit congressional review of CFPB," The Hill, 07/15/14 and HR 5016, House of Representatives Vote 411, 07/15/14
74 Follow The Money search for Payday/Title Loans to Ed Royce, Follow The Money, accessed 12/01/17
75 Seung Min Kim, "House bill revamps consumer agency," Politico, 07/21/11 and HR 1315, House of Representatives Vote 621, 07/21/11
76 AFL CIO et. al Letter to Representative, 5/03/11
77 Follow The Money search for Payday/Title Loans to Ed Royce, Follow The Money, accessed 12/01/17
78 Victoria Finkle, "Luetkemeyer Tries Again on Anti-Choke Point Bill," American Banker, 02/06/15; Cristina Marcos, "House passes bill to halt 'Operation Choke Point',"
The Hill, 02/04/16; and HR 766, House of Representatives Vote 63, 02/04/16
79 The Editorial Board, "'Operation Choke Point' Hits the Mark," The New York Times, 10/10/14
80 Follow The Money search for Payday/Title Loans to Pete Sessions, Follow The Money, accessed 12/01/17
81 Follow The Money search for Payday/Title Loans to Pete Sessions, Follow The Money, accessed 12/01/17
82 Cristina Marcos, "House rebuffs bid to limit congressional review of CFPB," The Hill, 07/15/14 and HR 5016, House of Representatives Vote 411, 07/15/14
83 Follow The Money search for Payday/Title Loans to Pete Sessions, Follow The Money, accessed 12/01/17
84 Ian McKendry, "Bipartisan Group of Lawmakers Urges CFPB to Ease Up on Payday Rule," American Banker, 09/30/16
85 Follow The Money search for Payday/Title Loans to Steve Stivers, Follow The Money, accessed 12/06/17
86 H.R.5485, Library of Congress, accessed 09/26/17
87 "July 2016 Vote History," U.S. Representative Phil Roe, M.D., accessed 09/26/17 and HR 5485, House of Representatives Vote 369, 07/06/16
88 Follow The Money search for Payday/Title Loans to Steve Stivers, Follow The Money, accessed 12/01/17
89 Alan Zibel, "House Passes Bill Limiting Consumer Regulator," The Wall Street Journal, 02/27/14 and HR 3193, House of Representatives Vote 85, 02/27/14
90 AFL CIO et. al Letter to Representative, 5/03/11
91 Follow The Money search for Payday/Title Loans to Steve Stivers, Follow The Money, accessed 12/01/17
92 Blaine Luetkemeyer et. al. to Michael Horowitz et. al., 10/16/14
93 The Editorial Board, "'Operation Choke Point' Hits the Mark," The New York Times, 10/10/14
94 Follow The Money search for Payday/Title Loans to Kevin Yoder, Follow The Money, accessed 12/01/17
95 Cristina Marcos, "House rebuffs bid to limit congressional review of CFPB," The Hill, 07/15/14 and HR 5016, House of Representatives Vote 411, 07/15/14
96 Follow The Money search for Payday/Title Loans to Kevin Yoder, Follow The Money, accessed 12/01/17
97 Victoria Finkle, "Luetkemeyer Tries Again on Anti-Choke Point Bill," American Banker, 02/06/15; Cristina Marcos, "House passes bill to halt 'Operation Choke Point',"
The Hill, 02/04/16; and HR 766, House of Representatives Vote 63, 02/04/16
98 The Editorial Board, "'Operation Choke Point' Hits the Mark," The New York Times, 10/10/14
99 Follow The Money search for Payday/Title Loans to Kevin Yoder, Follow The Money, accessed 12/01/17
100 Seung Min Kim, "House bill revamps consumer agency," Politico, 07/21/11 and HR 1315, House of Representatives Vote 621, 07/21/11
101 AFL CIO et. al Letter to Representative, 5/03/11
102 Follow The Money search for Payday/Title Loans to Kevin Yoder, Follow The Money, accessed 12/01/17
103 Ian McKendry, "Bipartisan Group of Lawmakers Urges CFPB to Ease Up on Payday Rule," American Banker, 09/30/16
104 Follow The Money search for Payday/Title Loans to Mick Mulvaney, Follow the Money, accessed 3/16/18