• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Surging Treasury yields expose a brutal truth: America has no margin for error on its $39 trillion debt

2

U.S. says deals with Iran for safe Hormuz transit are prohibited

3

After a judge ordered Trump's name be removed from the Kennedy Center, president says it will 'soon be closed, probably never to open again'

1

Surging Treasury yields expose a brutal truth: America has no margin for error on its $39 trillion debt

2

U.S. says deals with Iran for safe Hormuz transit are prohibited

3

After a judge ordered Trump's name be removed from the Kennedy Center, president says it will 'soon be closed, probably never to open again'
Commentary

This Government Agency Is Seriously Overstepping Its Bounds

By
Thaya Brook Knight
Thaya Brook Knight
Down Arrow Button Icon
By
Thaya Brook Knight
Thaya Brook Knight
Down Arrow Button Icon
October 5, 2017, 10:21 AM ET

The Consumer Financial Protection Bureau (CFPB) has a mission: to protect consumers from unfair, deceptive, or abusive practices. According to a new national poll by the Cato Institute in collaboration with YouGov, protection from deceptive practices is just what the American public wants. Asked to prioritize regulatory goals, the majority of respondents put “protect consumers from fraud” front and center.

Unfortunately, the CFPB continually misses the mark, issuing rules that make splashy headlines but in practice do little to stop bad behavior. Its latest proposed rule, expected to become final soon, doesn’t target fraud itself. Instead, it goes after an entire industry and will significantly reduce consumers’ access to credit at the exact moments they need it most.

This rule would restrict the ability of short-term lenders, often known as “payday” lenders, to continue offering their services. These loans require no credit check and no collateral. For a flat fee, usually about $15 per $100 borrowed, the lender provides a loan lasting about two weeks. The borrower gives the lender a post-dated check for the full amount of the loan, plus the fee. At the end of two weeks, the lender deposits the check. If the borrower does not have the funds to repay the loan, the borrower can roll it over, taking out a new loan for another $15 per $100 fee.

The CFPB has claimed that these loans create a “debt trap” for borrowers, the majority of whom do roll over the loan. To protect people from these “traps,” the CFPB wants to institute new compliance requirements. If payday loan consumers end up accruing fees equivalent to 36% or more of the amount originally borrowed as a result of rollovers, the CFPB’s compliance requirements would kick in, requiring lenders to assess the borrower’s ability to repay the loan in the two-week period, and limiting the number of times a loan can be rolled over.

But the word “trap” is misleading. In fact, the terms of the loans are remarkably clear. “Borrow $100.” “Pay $15 plus the amount borrowed.” “Payment is due in full in two weeks.” Try putting the terms of any other credit instrument—a credit card, an auto loan, a mortgage—into just 15 words. Even putting such loans into 15 pages would be a challenge. In fact, payday loans are a viable business model precisely because they’re quick and require little paperwork, making it feasible for them to lend to people with poor credit.

Those who use payday loans agree. As the Cato poll finds, the majority of payday borrowers say they receive good information about rates and fees from their payday lenders. The fact that payday borrowers remain in debt longer than two weeks is not evidence of deception; according to a recent Pew survey, the majority of borrowers correctly estimated how long it would take them to pay off the debt, even though for most of them, that would mean several months of repayment.

Using payday loans can be expensive. Often opponents of the loans cite the fact that the fees can ultimately total more than the amount initially borrowed if the loan is rolled over many times. Each time the loan is rolled over, the borrower effectively takes out a new loan and pays the applicable fees on the amount borrowed.

While some compare this fee to an interest rate, arguing that the total fees paid on a loan are comparable to an annual percentage rate (APR), in reality they are simply a flat fee for each $100 borrowed for a set period of time. It’s true that the fees can add up, especially if a borrower rolls over the loan multiple times, but it doesn’t make the loans deceptive. Limiting the effective APR would limit the number of times a loan could be rolled over, requiring borrowers to pay on the spot. Given the way payday loans are often used, being able to roll over the loan is a benefit to borrowers who might need more time to save up the cash.

New technologies and the widespread use of smartphones have made financial transactions easier and more widely available. Reducing regulatory barriers to the development of these products may be the best way to improve financial access for low- and moderate-income Americans. In the meantime, the CFPB needs to focus on preventing and punishing fraud, rather than making news with rules no one wants or needs.

Thaya Brook Knight is associate director of financial regulation studies at the Cato Institute’s Center for Monetary and Financial Alternatives.

About the Author
By Thaya Brook Knight
See full bioRight Arrow Button Icon

Latest in Commentary

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Commentary

Allison Danielsen is CEO, Tallo.
CommentaryCareers
My wrist injury derailed my college plans. It’s why I’m a CEO today
By Allison DanielsenMay 31, 2026
4 hours ago
treble
CommentaryElections
I built a startup from scratch and still nearly died because of a broken healthcare system. That’s why I’m running for Congress
By Jonathan TrebleMay 31, 2026
4 hours ago
bn
CommentaryEducation
Bill Nye: Companies say there’s a skills gap. They’re wrong — and students can prove it
By Bill NyeMay 31, 2026
5 hours ago
soccer moms
CommentarySports
Why soccer moms are shaping the future of football in the U.S.
By Ruslan BashirovMay 31, 2026
7 hours ago
Matt Rogers
Commentarystart-ups
I worked with Steve Jobs at Apple, where every OS update killed startups. AI founders are about to face the same thing
By Matt RogersMay 30, 2026
1 day ago
sam
CommentaryChips
The AI economy could crash on mounting chip costs — and those token costs won’t help
By Rakesh KumarMay 30, 2026
1 day ago

Most Popular

Surging Treasury yields expose a brutal truth: America has no margin for error on its $39 trillion debt
Economy
Surging Treasury yields expose a brutal truth: America has no margin for error on its $39 trillion debt
By Shawn TullyMay 30, 2026
1 day ago
U.S. says deals with Iran for safe Hormuz transit are prohibited
Politics
U.S. says deals with Iran for safe Hormuz transit are prohibited
By Jack Wittels and BloombergMay 30, 2026
1 day ago
After a judge ordered Trump's name be removed from the Kennedy Center, president says it will 'soon be closed, probably never to open again'
Law
After a judge ordered Trump's name be removed from the Kennedy Center, president says it will 'soon be closed, probably never to open again'
By Collin Binkley and The Associated PressMay 30, 2026
19 hours ago
After Blue Origin rocket explosion, NASA's entire moon exploration program depends on SpaceX for now as Musk eyes blockbuster IPO soon
Innovation
After Blue Origin rocket explosion, NASA's entire moon exploration program depends on SpaceX for now as Musk eyes blockbuster IPO soon
By Jason MaMay 30, 2026
21 hours ago
Damn the torpedoes — More ships are quietly slipping through the Strait of Hormuz as helicopters scare off Iran's fast-attack boats
Energy
Damn the torpedoes — More ships are quietly slipping through the Strait of Hormuz as helicopters scare off Iran's fast-attack boats
By Jason MaMay 30, 2026
23 hours ago
Gen Z is rejecting $200 dates and choosing 'solo-maxxing'—and dating apps are taking a hit
Economy
Gen Z is rejecting $200 dates and choosing 'solo-maxxing'—and dating apps are taking a hit
By Sydney LakeMay 30, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.