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Predatory Lending

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Some lenders can move around the Military <strong>Lending</strong> Act's restrictions by offering openended<br />

credit loans instead of title loans or payday loans. This allows them to continue<br />

charging triple-digit APR on their loans.<br />

Some groups, such<br />

as the Texas Fair<br />

<strong>Lending</strong> Alliance,<br />

present title loans<br />

and payday loans<br />

as a form of<br />

entrapment, where<br />

taking out one of<br />

these means that<br />

borrowers will find<br />

themselves cycling<br />

further into debt<br />

with less chances of<br />

getting out of debt<br />

when compared to<br />

not taking the loan<br />

out at all,<br />

contending that<br />

75% of payday<br />

loans are taken out<br />

within two weeks of<br />

the previous loan in<br />

order to fill the gap<br />

in finances from<br />

when the loan was<br />

originally taken out.<br />

In 2001, Texas<br />

passed a law<br />

capping interest<br />

rates on title loans<br />

and payday loans.<br />

However, lenders<br />

are getting around<br />

the restrictions by exploiting loopholes allowing them to lend for the same purposes,<br />

with high-interest rates, disguised as loan brokers or as a Credit Services Organization<br />

(CSO).<br />

The Vice President of state policy at the Center for Responsible <strong>Lending</strong> in Durham,<br />

North Carolina argues that the car title loan model is built around loans that are<br />

impossible to repay. He goes on to cite a 2007 study by the Center for Responsible<br />

Page 121 of 181

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