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CFPB Finalizes New Payday Lending Rule,

Reversing Prior Regulation



Updated July 10, 2020
On July 7, 2020, the Consumer Financial Protection Bureau (CFPB) released a new final rule to amend its
regulations for payday, vehicle title, and certain high-cost installnent loans. The rule rescinds a
significant part of a 2017 final rule that requires small-dollar, short-term lenders to determine a
consumer's ability to repay before issuing a new loan.
This Insight begins with an overview of payday loans and then briefly summarizes the 2017 rule and
major changes finalized by the CFPB. It also reviews the data and analysis supporting these rules, and the
different conclusions each version of the rule reached using this same evidence. Although the CFPB's rule
covers other small-dollar markets (e.g., auto title loans and other installment loans), this Insight focuses
on payday loans, currently the largest market covered by the rule.
For general information on the payday loan market, see CRS Report R44868, Short-Term, Small-Dollar
Lending: Policy Issues and Implications.


Payday Loans Overview

Payday loans are designed to be short-term advances that allow consumers to access cashbefore they
receive a paycheck. These loans are generally paid back on a consumer's next payday. Payday loans are
offered through storefront locations or online for a set fee. The underwriting of these loans is minimal,
with consumers required to provide little more than a paystub and checking account information to take
out a loan. Rather than pay off the loan entirely when it is due, many consumers roll over or renew these
loans. Sequences of continuous roll overs may result in consumers being in debt for an extended period
of time. Because consumers generally pay a fee for each new loan, payday loans can be expensive.
In this market, policy disagreements exist around balancing access to credit with consumer protection.
Currently 17 states and DC either ban or limit the interest rates on these loans. The Dodd-Frank Wall
Street Reform and Consumer Protection Act gave the federal government-the CFPB-the power to
regulate payday loans for the first time.




                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   INI 1059

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