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Payday Loan Reform Stymied

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The growth of payday loan outfits in California--more than 3,000 have set up shop since 1997--is no surprise to anyone who has seen the explosion of “Checks Cashed!” signs and billboards. What does shock is the average 485% annualized interest rate that payday lenders charge--a rate so high that, according to the industry’s own studies, it traps most borrowers on treadmills of debt.

Last month, the state Senate passed a bill by Sen. Don Perata (D-Alameda) that would prohibit payday lenders from advancing borrowers more than a quarter of their paychecks and that would limit to $12 the amount that could be charged on a $100 loan. Perata’s bill, SB 1501, would allow a reasonable profit but at the same time rein in loan sharks. Twelve dollars on a $100 loan, after all, is more than other nonbank lenders like Avco and Household Finance charge.

Perata’s worthy bill is now in the Assembly, but legislators there may never get a chance to consider it. In a time-honored tactic used against reform, leaders have “double-referred” the bill, ruling that unless two separate committees somehow manage to take up and pass Perata’s reforms by week’s end, the bill will die.

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This requirement is both unreasonable and unfair, especially given that one of those committees has already held its last scheduled hearing of the session. Assembly Speaker Bob Hertzberg (D-Sherman Oaks) can and should waive the requirement and give Perata’s bill its rightful chance to be heard.

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