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   A          Congressional                                                    _____
           £Research Service

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CFPB Proposes New Payday Lending Rule,

Reversing Recently Finalized Regulation



Updated October 11, 2019

On February 6, 2019, the Bureau of Consumer Financial Protection (CFPB) released a new Notice of
Proposed Rulemaking for Payday, Vehicle Title, and Certain High-Cost Installment Loans. The proposal
would rescind 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 new, controversial proposal has
received congressional support and opposition.
This Insight begins with an overview of payday loans and then briefly summarizes the 2017 final rule and
major changes proposed by the CFPB now. 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 cash before 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
                                                                                   IN11059

CRS INSIGHT
Prepared for Members and
Committees of Congress

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