New York Prosecutors Charge Payday Lenders With Usury

The New York Times has the story: New York Prosecutors Charge Payday Lenders With Usury

"A trail of money that began with triple-digit loans to troubled New Yorkers and wound through companies owned by a former used-car salesman in Tennessee led New York prosecutors on a yearlong hunt through the shadowy world of payday lending.

On Monday, that investigation culminated with state prosecutors in Manhattan bringing criminal charges against a dozen companies and their owner, Carey Vaughn Brown, accusing them of enabling payday loans that flouted the state’s limits on interest rates in loans to New Yorkers.

Such charges are rare. The case is a harbinger of others that may be brought to rein in payday lenders that offer quick cash, backed by borrowers’ paychecks, to people desperate for money, according to several people with knowledge of the investigations.

“The exploitative practices — including exorbitant interest rates and automatic payments from borrowers’ bank accounts, as charged in the indictment — are sadly typical of this industry as a whole,” Cyrus R. Vance Jr., the Manhattan district attorney, said on Monday.

...

"The indictment offers a detailed look at the mechanics of the multibillion-dollar payday loan industry, which offers short-term loans with interest rates that can soar beyond 500 percent. ...

The payday lending operation began when borrowers applied for loans on websites like MyCashNow.com. From there, borrowers’ information was passed to another company, owned by Mr. Brown, that originated the loans. The information then wound up with another company, owned by Mr. Brown, that collected payments from borrowers."

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Here are some previous posts on payday loans.

Good news about a dangerous disease (hepatitis), at a high price

The good news is that there's a cure. The bad news is that it isn't cheap. Here's the NY Times headline on what is proving to be a blockbuster drug:
$1,000 Hepatitis Pill Shows Why Fixing Health Costs Is So Hard--Critics Raise Concerns About Sovaldi

"A new drug for the liver disease hepatitis C is scaring people. Not because the drug is dangerous — it’s generally heralded as a genuine medical breakthrough — but because it costs $1,000 a pill and about $84,000 for a typical person’s total treatment."

The story raises a number of interesting points.  Here's one:

"Until now, doctors would mostly treat hepatitis C patients’ symptoms. Some drugs attacked the virus itself, but they did not work very well. And most had side effects, including fever, depression and anemia, that about half the patients were not healthy enough to tolerate.

Those drugs were also expensive — the most effective drug cocktail before Sovaldi cost about $70,000 — but because few patients chose them, the price tag did not cause a big reaction. Sovaldi is different. Patients want this drug, with its high success rate and smaller list of side effects. That means a big financial shock to the health care system all at once."

Payday loans versus bank overdraft charges

I've blogged before about very-high-interest-rate payday loans to "unbanked" customers, and the repugnance with which they are regarded in many quarters (in England and in Los Angeles).

Interestingly, the first and third of those posts have attracted a lot of comments, a few from serious people, but many from payday loan shops whose style makes it clear that they may verge on the fraudulent.

So it's interesting to note this recent blog post over at The Volokh Conspiracy:

Payday Lending and Overdraft Protection

by Todd Zywicki on January 17, 2014 5:18 pm

"I’ve noted previously, I have a forthcoming paper with former Comptroller of the Currency Robert Clarke that examines competition between payday lending and bank overdraft protection. The central point is easy to grasp–payday lending and overdraft protection are products offered by different providers but which compete for the same customers. And evidence indicates that in choosing between the two products consumers generally choose rationally.

The point came to mind (yet again) reading the Wall Street Journal yesterday, “Hefty Bank Fees Waylay Soldiers.” According to the article, many members of the military are frequent users of bank overdraft protection, which has caused some concern in some quarters. The article provides no hard evidence that usage of overdraft protection has risen in recent years, but implies that the general impression is that it has."

...

"as we note in the article, in many situations payday loans are less expensive than overdraft protection (it appears from the article that the break even point in favor of overdraft protection is lower than for payday loans because overdraft fees on military bases are lower than typical market rates) and consumers understand this and use the products rationally."

High pay isn't repugnant in Switzerland after all, at least not to 65%

Here's the story from Bloomberg: Swiss Voters Reject Strict CEO Pay Limits in Referendum

"Swiss voters rejected a proposal to limit executives’ pay to 12 times that of junior employees yesterday, a measure that would have gone further than any other developed nation.
The measure was opposed by 65 percent of voters, the government in Bern said yesterday.
...
"“It’s a big relief,” Valentin Vogt, president of the Swiss Employers’ Association, said in an interview on Swiss national television SRF. “It’s a signal that it’s not up to the state to have a say in pay.”
Switzerland is the home to at least five of Europe’s 20 best-paid chief executive officers. Opposition to excessive pay has stiffened among the traditionally pro-business Swiss following the government bailout of UBS AG (UBSN), Switzerland’s biggest bank, in 2008 and a plan -- later scrapped -- by Novartis AG (NOVN) to pay outgoing Chairman Daniel Vasella as much as $78 million.
In March, Swiss voters approved the so-called fat-cat initiative that gave company shareholders a binding vote on managers’ pay and blocked golden handshakes and severance packages."
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But sometimes high pay strikes some people as repugnant, and it's not just hedge fund managers: take a look at this story from the NY Daily News.

Top 16 NYC charter school executives earn more than Chancellor Dennis Walcott

Payday loan shops to be taxed to fund cheaper alternatives

The Guardian has the story:

Labour vows to impose new tax on payday lenders

Ed Miliband says his party would double the £13m a year given to fund capacity of credit unions and other low-cost institutions

Payday loans (and other high interest lending) as repugnant transactions

In poor communities there is a profitable business of making very high interest rate loans to employed but "unbanked" workers. High interest rates (between lenders and apparently willing borrowers) have been repugnant transactions for a long time, and payday loans are no exception: here's a story from Pro Publica on the controversy in Missouri. The Payday Playbook: How High Cost Lenders Fight to Stay Legal

State laws against price gouging

Michael Giberson provides this list:

State	Year	Notes
Alabama	1996	Code of Ala. § 8-31-1 thru § 8-31-6. LINK Alabama law; Any commodity or rental facility.
Arkansas	1997	A.C.A. § 4-88-301 – 4-88-305.
California	1994	Cal. Pen. Code § 396.
Connecticut	1986	Conn. Gen. Stat. § 42-230.
District of Columbia	2007	D.C. Code § 28-4101 thru 28-4102.
Florida	1992	Fla. Stat. § 501.160.
Georgia	1995	O.C.G.A. § 10-1-393.4.
Hawaii	1983	Haw. Rev. Stat. § 209-9
Idaho	2002	Idaho Code § 48-603; Food, fuel, pharmaceuticals, water.
Illinois	2005	Ill. Admin. Code tit. 14, §§ 465.10 thru 465.30.
Indiana	2002	Ind. Code §§ 4-6-9.1-1 thru 4-6-9.1-7; Fuel.
Iowa	1993	61 IAC 31.1(714); Merchandise needed by victims of disasters.
Kansas	2002	K.S.A. § 50-6,106; Any necessary property or service.
Kentucky	2004	Ky. Rev. Stat. Ann.  § 367.374.
Louisiana	1993	La. R.S. 29:732 LINK Louisiana law.
Maine	2006	10 M.R.S.A. § 1105.
Massachusetts	1990	Md. Reg. Code tit. 940, § 3.18; Petroleum products only.
Michigan	*	Mich. Stat. Ann. § 445.903(1)(z); General consumer code provisions not limited to emergencies.
Mississippi	1986	Miss. Code Ann. § 75-24-25(2).
Missouri	1994	15 CSR § 60-8.030; Necessities.
New Jersey	2001	N.J.S.A. §§ 56:8-107 to 8:109; LINK New Jersey law; Necessities.
New York	1979	NY Gen Bus §396-r.
North Carolina	2003	N.C. Gen. Stat. § 75-38; LINK North Carolina law.
Oklahoma	1999	15 OK St. §§ 777.1 thru 777.5.
Oregon	2007	ORS 401.960 thru 401.970; LINK Oregon law; Essential consumer goods and services.
Pennsylvania	2006	Link Pennsylvania law.
Rhode Island	2012	Rhode Island General Laws §30-15-19; Essential commodities including home heating fuels, motor fuels, food and water.
South Carolina	2002	SC Code 39-5-145.
Tennessee	2002	TCA Title 47 Chapter 18 Part 51; LINK Tennesee Law.
Texas	1995	Tex. Bus. & Com. Code Ann. § 17.46(b)(27) LINK Texas law; Necessities.
Utah	2005	Utah Code § 13-41-101 thru 13-41-202. Link Utah law; Retail goods and services.
Vermont	2006	9 V.S.A. § 2461d; LINK Vermont law; Petroleum or heating fuel product only.
Virginia	2004	Va. Code §§ 59.1-525 et seq., LINK Virginia law; Any necessary goods and services.
West Virginia	2002	W.V. Code § 46A-6J-1
Wisconsin	2006	Wisc. ATCP Ch. 106; Link Wisconsin law.
		List updated November 3, 2012 by Michael Giberson. Please see list of resources below for useful links on price gouging. (http://knowledgeproblem.com/2012/11/03/list-of-price-gouging-laws/

Kidney donation, illegal immigration, finances

This story has it all, illness, compassion, bureaucracy, money, an illegal immigrant down on his luck and legal ones who have thrived... From Brother to Brother, a Kidney, and a Life

"Angel, the father of two American-born children, is an illegal immigrant. And a maze of conflicting health care and immigration policies meant that while the government would pay for a lifetime of dialysis, costing $75,000 yearly, it would not pay for a $100,000 transplant that would make dialysis unnecessary.*
...
"Angel’s quest for a transplant was chronicled in a Dec. 21 article in The New York Times about a paradox in health care rules. In New York, Medicaid, the federal-state health insurance program for the poor, covers the cost of dialysis, considering it an emergency measure, regardless of whether the patient is a legal resident of the United States. But while a transplant is far cheaper in the long run, that procedure is covered by Medicare, which does not extend to illegal immigrants.Mount Sinai, one of the world’s leading transplant centers, had originally set the price for the operation at $200,000 in advance, to cover any possible postoperative complications; it lowered that to $150,000, given the youth and health of the brothers, but barred further reductions as a slippery slope to unaffordable demands for uncompensated care.
...
"Mount Sinai, one of the world’s leading transplant centers, had originally set the price for the operation at $200,000 in advance, to cover any possible postoperative complications; it lowered that to $150,000, given the youth and health of the brothers, but barred further reductions as a slippery slope to unaffordable demands for uncompensated care. ... "

“It has nothing to do with legal or illegal,” said Dr. Kim-Schluger, whose mother escaped North Korea as a child and brought the family to the United States via South Korea, British Guyana and Jamaica. She went to Catholic school in New York, married a descendant of Eastern European Jewish immigrants and converted to Judaism. She said Angel was on her mind as she prepared Passover Seder.

“Yes, there are hundreds and hundreds of people like this,” she said. “But this is the one who knocked on our door.”
********

*see previous post: We pay for dialysis but not for transplants...

The nursery school for the kid who has everything...

...costs more than Harvard... Bracing for $40,000 at City Private Schools

"Over the past 10 years, the median price of first grade in the city has gone up by 48 percent, adjusted for inflation, compared with a 35 percent increase at private schools nationally — and just 24 percent at an Ivy League college — according to tuition data provided by 41 New York City K-12 private schools to the National Association of Independent Schools.

"Indeed, this year’s tuition at Columbia Grammar and Preparatory ($38,340 for 12th grade) and Horace Mann ($37,275 for the upper school) is higher than Harvard’s ($36,305).
...
The median number of applications to New York schools has increased 32 percent over the past decade, according to the association, and in some schools the acceptance rate is staggeringly low. At Trinity, only 2.4 percent of children from families with no previous connection to the school were admitted to kindergarten last year. Far from being deterred by the sticker prices, more families seem to be hiring consultants — at an additional cost — in hopes of getting a leg up.

" One consulting firm, Manhattan Private School Advisors, said it worked with 1,431 families this school year, up from 605 three years ago. The company’s fee has gone up, too: It was $21,500 this year and $18,500 three years ago."

Parking

I always knew that parking is a sexy topic*, but it takes a first rate journalist like Leon Neyfakh at the Boston Globe to explain clearly the kinds of things that excite economists: The case for the $6 parking meter

"For many people, what’s disconcerting about demand-based parking is the same thing that excites economists: It introduces market forces to an aspect of public life that historically has been largely protected from them. Like highway tolls that go up during rush hour, or the “congestion fees” some crowded cities have imposed, the Shoup model of street parking is part of a broader conversation about the trade-off between efficiency and equal access — and about what aspects of our lives should be treated as commodities as opposed to inalienable civic resources."


The late Clark Kerr on the subject: "The three purposes of the University?--To provide sex for the students, sports for the alumni, and parking for the faculty."

Usury in the middle ages

From Walsh, Adrian “The Morality of the Market and the Medieval Schoolmen,” Politics, Philosophy & Economics 2004; 3; 241-259

“Exploring the evils of usury exercised the minds of a great many medieval philosophers, writers and artists. Consider Dante’s Inferno. As Dante descends into the depths of Hell, he discovers usurers (along with sodomites) in the smallest and most terrifying ring (Round 3 of Circle VII) of the Inferno. Dante inquires as to the nature of the sins of the usurers and is told that their sins are classified as a kind of violence towards God because usury was an attack on the natural use for money given by God and it implied contempt for God’s bounty.
Dante’s views are typical of the moral condemnation of his society for those who made a living out of interest. The practice of usury was not only subject to moral disapprobation; theological and legal injunctions against the practice were in force during the period over much of Europe. In 1274 Gregory X, in the Council of Lyons, ordained that no community, corporation or individual should permit foreign usurers to hire houses, but that they should expel them from their territory; and the disobedient, if laymen, were to be castigated with ecclesiastical censures. In 1311 the Council of Vienne declared all secular legislation in favour of usury null and void, and branded as heresy the belief that usury was not sinful. Anti-usury laws, although subsequently subjected to numerous modifications, persisted across Europe for over 500 years until the time of the Napoleonic Code. After the Napoleonic Code had allowed the taking of interest, the Church too decided to abandon the old usury doctrine. It was quietly buried (although not revoked) in 1830, when the Church issued instructions to confessorsnot to disturb penitents who lent money at the legal rate of interest without any title other than the sanction of Civil Law."

Price gouging and proposed legal remedies

Some more interesting posts on price gouging from Michael Giberson at Knowledge Problem :

A private right of action on price gouging and Price gouging in Haiti.

House flipping fraud in Florida

I received the following email from Eric Budish, the Chicago market designer:

"I came across a neat investigative journalism feature on a form of mortgage fraud called “house flipping” .

The newspaper reviewed 19mm Florida real-estate transactions, and found that 50,000 involved appreciation of 30%+ in less than 90 days. They investigate one fraud circle in depth, and have features on the local police, lenders, etc.

What makes the fraud tick is that the buyer can finance at the new price. So if A legitimately buys a house for 100, then immediately sells it to his buddy B for say 150, B can get a mortgage against the 150 (especially if his buddy C is a real-estate appraiser). Even if B makes a small down payment on the 150, together A and B have extracted 50 minus downpayment minus fees in cash from the transaction. B never intends to repay the 150, and B’s mortgage lender is severely under collateralized.

The reason I think this is all so interesting is that the fraud is only possible because houses are idiosyncratic, but not too idiosyncratic. If houses were perfect substitutes, then A, B and C couldn’t trick the mortgage lender about house values (50,000 flips is a lot, and likely an underestimate, but still less than 1% of transactions). If houses were substantially more idiosyncratic, then banks would never have gotten in the habit of financing 90%+ of the purchase price in the first place: in the event of foreclosure they’d have to worry about whether the right types of buyers would be in the market. Put differently, the housing market is not too thick, but not too thin."