Texas Legislature may address 'cycle of debt' caused by payday loans

Posted Saturday, Jan. 19, 2013 0 comments  Print Reprints

Topics: Texas

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AUSTIN -- Legislators this year will once again try to combat some short-term lending practices that critics say prey on poor Texans.

Credit access businesses, including payday lenders and auto-title loan businesses, have faced criticism for charging hefty fees to customers seeking loans. Last session, legislators passed a law that allows more oversight and tracking of these businesses, but a bill that would have addressed the so-called cycle of debt, where a borrower rolls over a short-term loan several times, did not pass.

"They started putting a structure in place to get a handle on who these lenders are and how many loans they are making," said Ann Baddour of the Texas Appleseed, a member of the Texas Fair Lending Alliance. "The big piece that was not addressed and yet was the main reason everyone came together was the cycle of debt -- the really high fees charged for these loans and a loan structure that's not designed to be paid back."

Since 2011, four major Texas cities -- Austin, Dallas, San Antonio and, earlier this month, El Paso -- have passed municipal ordinances regulating the cycle of debt. Baddour said the association hopes legislators will pass a law to institute such measures statewide to eliminate confusion for customers and businesses and to protect customers in rural areas.

State Sen. John Carona, R-Dallas, is working with businesses and advocates to draft legislation to help fight predatory lending practices. Steven Polunsky, the finance committee's director of business and commerce, said that legislation passed last session increased oversight of credit access businesses but didn't go far enough.

"There are still problems and abuses out there within the industry where there are some new products being offered that are designed so they don't fall under the existing regulatory scheme," Polunsky said.

Rob Norcroff, a spokesman for the Consumer Service Alliance of Texas, whose members account for more than 90 percent of short-term lending storefronts in Texas, said his organization agrees that statewide regulatory legislation is necessary.

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