Predatory Lending: What It Is and How to Avoid It - NerdWallet (2024)

When you need to borrow money, especially if you’re in a time crunch, you may find yourself looking for the easiest option available.

But some lenders may take advantage of your situation by offering you a predatory loan that leaves you in a worse position than when you started.

What is predatory lending?

Predatory lending is when a lender uses unfair or deceptive tactics to lead a borrower into taking a loan that carries terms that benefit the lender at the borrower’s expense.

Some predatory lenders target borrowers with low income and bad credit — those with credit scores below 630 — but anyone can fall victim to predatory lending if you don’t know the warning signs.

Signs of predatory lending

Consumer advocates don’t always agree on what constitutes predatory lending, but there are common warning signs to identify bad actors.

The loan seems too good to be true

Be skeptical when a company makes an offer that seems too good to be true, says Lauren Saunders, associate director at the National Consumer Law Center, a nonprofit advocacy organization.

You may see ads from companies promising to mend damaged credit, settle debts for less than you owe or guarantee loan approval without reviewing your credit history.

Look for the catch before signing any agreement — the price for speed and convenience may be high fees, getting trapped in a cycle of debt or being forced to give up your assets.

» MORE: Signs of a personal loan scam

The lender doesn’t disclose the annual percentage rate

One warning sign of predatory lending is when a company makes it hard to know how much the loan will cost. A consumer-friendly lender will be transparent about the total cost of the loan.

When you navigate a company’s website or visit a branch in person, you should easily find all the costs associated with the financial product, including any origination fees and other charges.

Lenders are legally required to state the loan's annual percentage rate, which is the sum of the interest rate plus upfront fees, before you sign a loan agreement. APRs below 36% are considered affordable by consumer advocates.

If basic product information is missing or hidden in the fine print, and the lender does not answer your questions, steer clear of the company.

» MORE: Where to find a small personal loan

It’s surprisingly easy to get approved

A lender that forgoes a credit check before offering you a loan does not assess how you’ve handled debt in the past or the potential impact of taking on more debt.

Predatory lenders make up for that risk by charging high rates, typically well above 100% APR, and structuring loans with high upfront fees.

Such high rates and front-loaded fees are considered predatory by consumer advocates because they add significant costs and make it hard for the borrower to pay back the loan within the given term.

In practice, a predatory lender might:

  • Not ask for information about your existing debts and income.

  • Push you to take a bigger loan amount than you asked for.

  • Have balloon or lump-sum payments instead of fixed monthly payments.

  • Encourage repeat borrowing or extending the loan.

» MORE: What are no-credit-check loans?

You can’t build credit with the loan

A reputable lender reports on-time loan payments to one or more of the three main credit bureaus — Equifax, Experian and TransUnion — allowing you to earn a better credit score, lengthen your credit history and qualify for cheaper financial products in the future.

Conversely, missing payments will hurt your score.

» MORE: How to build credit

The lender has a history of customer complaints

Do your homework on the lender’s online reputation, just as you’d turn to the internet to check restaurant reviews.Check its rating and customer reviews at the Better Business Bureau and see how many complaints are registered against the company. You can also search the lender’s name in the Consumer Financial Protection Bureau’s complaint database.

What is an example of predatory lending?

Let’s explore what predatory lending looks like in real terms.

Payday loans are one of the most common examples of predatory lending because they have high fees and short repayment terms.

Say you need $400 for an emergency car repair, and you go to your neighborhood payday storefront to get a loan. The average payday lender charges about $15 in fees for every $100 borrowed, according to the CFPB . For a $400 loan repaid in two weeks, that’s $60 total, which equates to an APR of 391%.

But most borrowers are not able to repay the loan by their next payday. In that case, you may roll over the loan, or extend it, which could mean another fee of $60. Four weeks after borrowing the original $400, you’ve accumulated $120 in fees.

» MORE: How to get out of a payday loan nightmare

Make sure to calculate the APR before taking a loan of any kind. Though lenders should make the APR readily available, many payday lenders mention “fees,” which can get confusing. Use the calculator below to determine the APR.

» MORE: Payday vs. installment loans

How to avoid predatory lenders

An ideal lender checks your credit and ability to repay a loan, lends you amounts that match your financial need and clearly discloses the total cost of taking the loan. It also does not encourage repeat borrowing.

To avoid a potentially predatory lender, explore other ways to get money, including:

  • Payday alternative loans: Payday alternative loans are offered by federal credit unions and have lower interest rates and longer repayment terms than payday loans. You do not need good credit to apply, but you will need to become a member of the credit union.

  • Interest-free paycheck advances: Mobile apps like EarnIn and Dave allow users to access a portion of their paycheck before payday, which may be enough to cover an emergency expense. The apps usually request an optional tip and charge a fee to get your funds fast.

  • Community organizations: Local nonprofits, religious groups and community organizations can provide funds for necessary expenses like rent, utilities and groceries. See NerdWallet’s database of financial assistance programs to learn what’s available in your state.

  • Money from family or friends: A friend or relative may be able to spot you the funds in a pinch. Just make sure to use a family loan agreement to avoid any miscommunication.

  • Personal loans: A personal loan from a credit union, bank or reputable online lender can offer larger loans, lower APRs and longer repayment terms than a payday lender. Credit unions, especially, can offer flexible personal loans for bad-credit applicants.

Frequently asked questions

What is predatory lending?

Predatory lending is any practice that benefits a lender at the expense of a borrower, such as charging high fees and creating a cycle of debt.

How can you tell a loan is predatory?

If a lender charges triple-digit interest, does not check your credit score or has a history of customer complaints, there’s a good chance the loan is predatory.

What interest rate do predatory loans have?

Many predatory loans have interest rates in the triple-digits. Payday lenders typically have a 391% APR. Personal finance experts cite 36% as the cap for affordable loans.

Predatory Lending: What It Is and How to Avoid It - NerdWallet (2024)

FAQs

Predatory Lending: What It Is and How to Avoid It - NerdWallet? ›

If you are buying a home, or simply refinancing your current loan, it's important to compare different loans and the cost of each. Even if you have good credit, you can fall victim to predatory lenders. Protect yourself by shopping for loans at different banks, credit unions, and other lenders.

What is the best way to avoid predatory lending? ›

If you are buying a home, or simply refinancing your current loan, it's important to compare different loans and the cost of each. Even if you have good credit, you can fall victim to predatory lenders. Protect yourself by shopping for loans at different banks, credit unions, and other lenders.

What qualifies as predatory lending? ›

Predatory lending is any lending practice where the borrower is taken advantage of by the lender. Predatory lenders impose lending terms that are unfair or abusive. This predatory practice is often committed against victims who are elderly or low-income.

What are the red flags of predatory lending? ›

If a lender promises not to check your credit score, there is a good chance they are using deceptive practices. Avoid taking a loan that you know you can't afford with your current income. It's also important to be wary of loan offers at the point of sale to “buy now, pay later”.

How do I get out of predatory lending? ›

If you suspect you've been a victim of predatory lending, contact the CFPB and your state consumer protection organization. The CFPB has a portal where you can submit a complaint and can also be reached by phone on weekdays at 855-411-2372. Be vigilant when it comes to taking out a mortgage or any other type of loan.

What is one of the most common forms of predatory lending? ›

Predatory lending can take many forms, but the most common include payday loans, car-title loans, and subprime mortgages. A more recent development are “rent-a-bank” schemes that exploit loopholes to get around predatory lending laws.

What warning signs indicate that a lender is predatory? ›

Predatory Lending Warning Signs
  • Pressure Tactics. You should never feel pressured by a lender. ...
  • Incomplete, Confusing or Contradictory Terms. ...
  • High Rates and Fees. ...
  • More Credit Than You Need or Can Afford. ...
  • Negative Amortization. ...
  • Pre-Payment Penalties or Restrictions.

Can you go to jail for predatory lending? ›

If you are accused of predatory lending based upon sales tactics that falsely lured the borrower into obtaining — or even seeking to obtain — a loan from you, you face prosecution for this law. If convicted, you face a misdemeanor, punishable by up to six months in a county jail and a maximum $2,500 fine.

Who are the most common victims of predatory lending? ›

Often the victims of various predatory lending practices are the poor and the elderly, whose home constitutes their only significant financial asset.

How do I know if I have a predatory loan? ›

The loan amount is higher than the value of the home. There are unexpected costs at settlement. The monthly payments are higher at closing than discussed earlier. There is a balloon payment that will be higher than you can afford.

What are three ways to protect yourself from predatory lenders? ›

Tips to protect yourself from Predatory Lending:
  • Make sure you can really afford the monthly payments. ...
  • Make sure the lender and broker you are dealing with are licensed by the State Banking Department. ...
  • Watch out for “hidden” terms, such as prepayments and balloon payments.

Who are the top predatory lenders? ›

When they enter into these loans, they become enslaved to these lenders for life. The four largest predatory lenders in the country are Citigroup, AIG, Wells Fargo, and Household Finance Corporation.

Who investigates predatory lending? ›

If the CFPB detects predatory, unfair, or abusive practices like high interest rates or hidden fees, it takes action against those lenders. It was created in 2011 after the 2008 financial meltdown to tell consumers “We've got your back.”

What interest rate is considered predatory lending? ›

What interest rate do predatory loans have? Many predatory loans have interest rates in the triple-digits. Payday lenders typically have a 391% APR. Personal finance experts cite 36% as the cap for affordable loans.

Is predatory lending a crime? ›

These unscrupulous actions that lenders use to entice a borrower into to taking a mortgage that carries high fees, interest rate and prevents them from equity. Predatory lending is a crime when a lender extracts the maximum value without regard for the borrower's ability to repay the loan.

Can you sue a bank for predatory lending? ›

Generally, the most common legal grounds to sue mortgage company for predatory lending include but aren't limited to the following: Truth in Lending Act (TILA): This federal law makes it mandatory for mortgage companies to disclose the full and true costs of a loan.

How does financial education help you avoid predatory lending? ›

Proper financial education enables people to make informed choices regarding financial products and services, steering them away from common financial pitfalls like high-interest loans, which often include predatory payday loans and burdensome credit card debt and may hinder them from achieving their financial goals.

What can you do to guard against predatory lending practices? ›

You can protect yourself by knowing what you can afford; choosing a reputable, licensed broker/lender; understanding the loan application and contract; and being aware of commonly- used predatory lending tactics. Informed decision-making is your best defense!

What is a tactic used by a predatory lender? ›

Tactics that Predatory Lenders Use

these tactics are high interest rates and high points. Also, there are balloon payments and negative amortization; packing or padding costs and fees; flipping; high LTV loans, and locking borrowers in.

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