Letter to the Governor, Representatives and Senators.
May 12, 2008
I am a small business owner in Ohio with two payday stores that earned about
3.5% profit (ROI) last year. I am fighting not only for my livelihood and the
jobs of my employees, but more importantly our American way of Life, Liberty,
Free Choice, and Free Enterprise. Freedom? An interesting concept, if you can
find it anymore. It is being taken away by overzealous activist and politicians
who believe they can decide better than the individual as to the choices they be
allowed to make.
It may interest you that a recent (March 11, 2008) Op-Ed
piece in the Wall Street Journal stated, "Government should resist the
temptation to save us from ourselves. Anguished at the fact that payday lending
isn't perfect, some people would outlaw the service entirely or cap fees at such
low levels that no lender could possibly stay in business. Anyone who's familiar
with the law of unintended consequences should be able to guess what happens
next.
Researchers from the Federal Reserve bank of New York went one step
further and laid the data out: Payday lending bans simply push low-income
borrowers into less pleasant options, including increased rates of bankruptcy.
Net result: After a lending ban, the consumer has the same amount of debt but
fewer ways to manage it.
Since leaving office I've written about public
policy from a new perspective: outside looking in. I've come to realize that
protecting freedom of choice in our everyday lives is essential to maintaining a
healthy civil society. We should do our best to educate them, without
diminishing the freedom to choose. "
The author of this piece may
surprise you - Senator George McGovern of South Dakota. Sounds like he has
learned something about Freedom that transcends shortsighted government
intrusion, even when it may be well intended.
Those who desire to put the
payday loan industry out of business in Ohio may be well intentioned but
actually do more harm than good. Testimony by numerous knowledgeable people made
it clear that the citizens of Ohio who use payday lending want it and most use
it responsibly. Yes, some people misuse these loans just as some people misuse
home loans, consumer finance loans, credit card purchases, home equity loans,
credit card cash advances, and checking accounts. People in the payday industry
have proposed ways to prevent the irresponsible borrowers from borrowing
excessively. But fixing the problem isn't good enough for some activists and
politicians. They have to show they have done something. Of course, it is easy
to demonize an industry that most citizens don't use nor have much knowledge
about.
Payday lenders are strictly regulated in Ohio and it is
understood by people knowledgeable about the industry that the maximum fees of
$15 per $100 borrowed is fair due to the cost involved in processing of such
loans and the high risk involved to the lender. Most banks, savings and loans,
and credit unions don't even want to make such loans under these restrictions.
It simply is not profitable enough for them. The payday loan return on
investment is not what people think it is – the fees simply reflect the fair
cost of operating such a business. Those who seek to reduce the fees for a $100
payday loan to approximately $1.07. That's a 93% reduction in fees. That's not
reform – it's simply an attempt to destroy an industry. We would be out of
business. How would Starbucks like it if government said a Latte be reduced to
33 cents!
Destroying an industry that employs thousands of Ohioans,
that rents many commercial properties, that pays taxes, pays utilities, that
buys office supplies and equipment, that hirers services in the security,
computer maintenance, software services and cleaning, that purchases advertising
media, and provides a needed source of money to thousands of RESPONSIBLE
borrowers is a terrible thing to do to hurt the lives of Ohioans and Ohio
businesses.
I am disappointed and even disgusted with those who are spearheading this
legislation. The Republican Party, the majority party, is especially an
embarrassment. They are supposed to believe in free enterprise, freedom of
choice, and individual responsibility. Do they have no integrity? Government
control of business, limiting choice and freedom, and having government protect
us from ourselves is what they are now advocating. Ohio is fast becoming "The
Nanny State." Sadly, logic has done no good to stop this effort. Partisan
politics is making a mockery of the legislative process.
Governor, at the
same time you proudly say you are trying to protect less affluent and
financially unsophisticated citizens from getting into "a cycle of debt", you
are recommending that the lottery in Ohio be expanded. Now these same citizens
will be caught in a cycle of gambling which only leads to financial
hardship. If payday lending is bad, then so is the lottery! Governor Strictland,
you are a Democrat, but what principals do you stand for? Are you for
protecting, as you say, "those with the fewest resources" or not? Your
inconsistency makes one wonder if political gain is the driving force in your
life.
I certainly hope the Senators exercise good judgement and stop this
inquisition that was started in the House. However, Governor Strickland, should
the Senate pass HB 545, I would advise you to veto it. Tell the House and the
Senate to work with the payday lenders to pen legislation that will enable them
to make a fair profit, as well as education to discourage citizens from abusing
this much needed and desired service.
Hugh S. Utterback
Citizens for Responsible Government in Ohio
(330) 418-7192
If you have a comment about the above letter please submit it to our blog: Stop Self-Serving Government - Save Payday Loans
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TOGETHER, WE CAN MAKE A
DIFFERENCE!
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