[HN Gopher] Regulators Shut Down Lending Platform (YC Alum) LendUp
       ___________________________________________________________________
        
       Regulators Shut Down Lending Platform (YC Alum) LendUp
        
       Author : boeingUH60
       Score  : 229 points
       Date   : 2021-12-22 20:15 UTC (2 hours ago)
        
 (HTM) web link (www.consumerfinance.gov)
 (TXT) w3m dump (www.consumerfinance.gov)
        
       | mhoad wrote:
       | Just as a heads up the Consumer Financial Protection Bureau
       | recently launched a whistleblowing program for people who work in
       | tech who see sketchy stuff going on around them that is worth
       | checking out if you have something to share
       | https://go.usa.gov/xe66f
        
         | [deleted]
        
       | emodendroket wrote:
       | So in the end, I suppose it was not so different from a payday
       | lender after all.
        
       | inopinatus wrote:
       | TLDR: a loan shark bites the dust. Only notable because this one
       | was backed by the sand hill road mob.
        
         | vmception wrote:
         | > "LendUp was backed by some of the biggest names in venture
         | capital," said CFPB Director Rohit Chopra. "We are shuttering
         | the lending operations of this fintech for repeatedly lying and
         | illegally cheating its customers."
         | 
         | Juicy!
        
           | notyourday wrote:
           | They should go after the board as officers and directors of
           | the company do not get corporate protection.
           | 
           | We need to have officers and directors of those companies to
           | go to jail.
           | 
           | Alas CFPB is pretty toothless.
        
           | sokoloff wrote:
           | It amuses me that the adverb "illegally" is important to
           | include in that sentence.
        
             | voiper1 wrote:
             | Hah, but it was absolutely necessary. The government can't
             | shut down companies merely for lying or legally cheating
             | customers...
        
               | vmception wrote:
               | Exactly, and by "shutdown" they mean "shutters lending
               | for now"
               | 
               | The business is still available to do anything and is
               | well capitalized.
               | 
               | The regulator has to make it seem like a laser strike
               | from orbit, using words like "LendUp _was_ backed by
               | some" in the past tense as if the company is dissolved,
               | but its not and still is backed by the same capital
               | sources.
               | 
               | Time to remedy the operation, challenge the CFPB in
               | court, pivot etc
        
       | aj7 wrote:
       | Venture capital, Harvard, Stanford, it's all the same racket.
       | Because the best deals and students come to YOU, you don't
       | actually have to DO anything.
       | 
       | So it's no wonder this scam possess the smell test.
        
       | londons_explore wrote:
       | It appears LendUp was given plenty of notice of these issues,
       | which look pretty correctable, yet somehow they didn't manage to
       | do that?
       | 
       | Why? Surely simple things like "Your advertising misrepresents
       | the way your service works" can be fixed by adding a few more
       | weasel words to the claims?
        
       | uniqueuid wrote:
       | Can anybody enlighten me:
       | 
       | > The order would also impose a $100,000 civil money penalty
       | based on LendUp's demonstrated inability to pay.
       | 
       | Does this mean the fine is levied against individual executives,
       | rather than the company itself?
        
         | pc86 wrote:
         | No
        
       | riedel wrote:
       | I was curious about the general sentiment of HN to lendup. If
       | anyone else cares: https://news.ycombinator.com/item?id=10956780
        
         | mwnivek wrote:
         | Note that LendUp spun off its credit card business (Mission
         | Lane) in December 2018.
         | 
         | https://www.pymnts.com/loans/2019/lendup-credit-card-busines...
        
       | aw3rt34t34t wrote:
       | > LendUp has been subject to multiple enforcement actions by the
       | CFPB. In addition to ordering LendUp in 2016 to stop
       | misrepresenting the benefits of borrowing from the company, the
       | CFPB sued LendUp in 2020 for allegedly violating the Military
       | Lending Act and obtained a judgment against LendUp in that
       | action. In September 2021, the CFPB filed this third action
       | alleging that LendUp:
       | 
       | So YC funded a payday lender that targeted active duty military
       | service members?
        
         | dang wrote:
         | YC wouldn't do that. I don't know the history here but I do
         | know that both founders left the company years ago (which is
         | pretty unusual). I can only assume that a lot changed since
         | they started 10 years ago (they were in W12).
        
           | emodendroket wrote:
           | When did that happen? According to this piece, the first
           | regulatory action against them for these practices was in
           | 2016.
        
             | _liam wrote:
             | Looks to have been in 2018 or 2019
        
               | emodendroket wrote:
               | 2019 looks right based on these sources:
               | 
               | https://debanked.com/2019/01/lendup-gets-a-shake-up/
               | 
               | https://www.crunchbase.com/person/jacob-rosenberg (it
               | would seem Rosenberg actually left in 2018)
               | 
               | Though according to the first one Orloff stayed on the
               | board even after that point.
        
         | colechristensen wrote:
         | That seems to be a fair assessment.
        
         | newbie789 wrote:
        
       | AlexandrB wrote:
       | From a linked press release RE: violations of the Military
       | Lending Act:
       | 
       | > The MLA puts in place protections in connection with extensions
       | of consumer credit for active-duty servicemembers and their
       | dependents, who are defined as "covered borrowers." These
       | protections include a maximum allowable annual percentage rate of
       | 36%, known as a Military Annual Percentage Rate (MAPR), a
       | prohibition against required arbitration, and certain mandatory
       | loan disclosures.
       | 
       | These seem like good[1], common-sense, consumer protections. Why
       | aren't these extended to credit consumers in general and not just
       | military personnel?
       | 
       | [1] I think one quibble might be the 36% max APR. This might be
       | too low for some high risk customers to be able to get credit at
       | all. But I'm not sure if there's any research around what a
       | reasonable number might be instead.
        
         | jzwinck wrote:
         | If a loan is so risky that it requires greater than 36%
         | interest, it should not be made. Loans with gigantic interest
         | ruin lives.
        
           | jdavis703 wrote:
           | I was in a recent emergency situation where I could've needed
           | to spend thousands of dollars on the same day.
           | 
           | I just don't have that kind of liquidity.
           | 
           | I can turn the required savings/stock in to cash with 3-5
           | days of lag. But not the same day.
           | 
           | This is where a subprime loan would be useful as a bridge,
           | and in that situation I don't think it would ruin my life.
           | 
           | Consumers know what's best for them. As long as the APR is
           | accurately advertised, I don't see why people should be
           | jammed up because some people think interest is a sin.
        
             | raverbashing wrote:
             | If you have the collateral you don't need a subprime loan.
             | 
             | >Consumers know what's best for them.
             | 
             | Yeah that didn't work out the last time
        
             | YuriNiyazov wrote:
             | Just as an FYI: if you have stock in a regular brokerage
             | account, you can take out a margin loan in cash
             | immediately. It depends on the broker, but IME it's fairly
             | common (e.g. Fidelity does it).
             | 
             | Margin has a bad name as a "high risk" activity, but that's
             | mostly when you have a concentrated position and are taking
             | out a margin loan to double down on that concentrated
             | position. Using margin as a bridge cash loan for a few days
             | is a fairly low-risk proposition.
        
           | mbesto wrote:
           | > Loans with gigantic interest ruin lives.
           | 
           | Playing the devil's advocate here...loans with interest rates
           | higher than 36% are generally reserved for subprime lending -
           | payday loans being the most prominent. As long as we live in
           | a society (talking US here) where minimum wages don't keep up
           | with inflation and benefits, then these products in some
           | sense need to exist to satisfy that subprime group. Otherwise
           | it's literally impossible to create a profit on payday loans
           | if these rates are much lower.
           | 
           | Note - I don't know what the "right APR" is to make them
           | profitable, but I certainly can fathom why there might be a
           | 1000% interest rate on a 7 day loan of $100 so someone can
           | get their car out of the pound so they can drive to work. The
           | administrative overhead to lend $100 and only make pennies is
           | simply not worth it.
           | 
           | Also, yes gigantic interest rates ruin lives...more
           | importantly predatory sales practices to get people to buy
           | them. But maybe we should focus on why so many Americans get
           | to that in the first place (looking at your healthcare) -
           | thats a much easier market creation.
        
             | kbenson wrote:
             | Yes, the type of loans that usually have these high APRs
             | are along the lines of "we'll lend you $500 today, but we
             | expect $550 or $600 on your next payday" (yielding an APR
             | often well into the hundreds). The rates are high both
             | because a) there's a high level of defaults and b) they
             | aren't really secured by anything except for a pre-
             | scheduled ACH from the bank, so collection is hard (and it
             | doesn't go on regular credit reports).
             | 
             | Some people make good use of these, as timely sources of
             | money when there's not a lot of other options (not everyone
             | has credit or saving or friends and family that can help).
             | At the same time, it is extremely predatory, and the
             | lenders are constantly trying to maximize the money they
             | can get from people (such as rolling a new loan into the
             | payment of the original, meaning only the interest is
             | functionally required on the due date, and they get to
             | skirt the laws of the loan required to be short term).
             | 
             | It's one of those catch-22 situations where doing away with
             | the market entirely hurts those you're trying to protect,
             | but it's hard to regulate effectively because the benefit
             | is it's quick and short, meaning too many hurdles might be
             | the same effectively as doing away with them completely.
        
               | jacquesm wrote:
               | Capitalism works extremely well for those at the top,
               | reasonably well for those in the middle and it can
               | utterly suck for those at the bottom who effectively prop
               | up the two other layers.
        
             | aj7 wrote:
             | A huge lobbying interest is devoted to protecting this
             | industry. Opposition to minimum wage increases is one of
             | their priorities.
        
           | kyrra wrote:
           | As other have said, that's why bankruptcy exists. Also, loans
           | like this aren't a 1-year repayment, it's a much shorter
           | window, so you are not paying 36% more, you will pay likely
           | in a shorter time window. While 36% looks bad, these kinds of
           | loans can be helpful to people.
           | 
           | Just because it looks scary to you, people go to these kinds
           | of tools because they need them. When those tools are taken
           | away, they will go down riskier paths, or fail to pay bills
           | (which can lead to worse outcomes). Don't treat everyone like
           | they can't think for themselves and understand what they are
           | getting into. Sometimes solutions like these are needed.
        
           | cesarb wrote:
           | > If a loan is so risky that it requires greater than 36%
           | interest, it should not be made.
           | 
           | Playing devil's advocate: it depends. When I was younger,
           | there were times when, if you lent money at only 36% per
           | _month_ interest, you 'd be losing money. You'd have to lend
           | at rates higher than that, just to break even, no matter how
           | low the risk was.
        
             | rory wrote:
             | You mean because your country had high inflation?
        
           | pc86 wrote:
           | Buying my friend a beer because he lent me $20 three days ago
           | works out to an astronomical APR. It doesn't mean doing so
           | should be illegal.
           | 
           | There's a time and place for everything and that probably
           | includes high interest loans as well.
        
             | aj7 wrote:
             | It is not true that any business model you can think of
             | should be allowed.
        
             | the_optimist wrote:
             | The social negatives of difficult-to-discharge debt and
             | Ponzi-rate lending (wherein debt service cannot be met by
             | an underlying economic growth behavior) are horrific and
             | easily preventable. Letting even one person fall into the
             | pit is a social travesty.
        
             | onion2k wrote:
             | I wouldn't be surprised if paying interest on loans in the
             | form of alcoholic beverages is actually illegal if you
             | don't have a liquor license.
        
             | [deleted]
        
             | tylerfontaine wrote:
             | I don't think anyone is suggesting that gratitude for good
             | friendship should be regulated.
        
           | troupe wrote:
           | Assuming that everyone is acting in their own best interest,
           | then a 36%+ interest rate would only be used by someone who
           | is in a situation where it is better than their alternatives.
           | If the option was not available, then they wouldn't have the
           | alternative that is best for them.
           | 
           | If someone is NOT acting in their own best interest, then
           | there are an infinite number of things that need to be
           | removed from their options.
        
           | nostromo wrote:
           | Say I live paycheck to paycheck and I need $500 to fix my car
           | that I use to get to work until I get paid in a few weeks.
           | 
           | Borrowing $500 for one month and paying $15 in interest would
           | be completely worth it and beneficial to the borrower. That's
           | what 36% annualized interest would look like for a single
           | month.
           | 
           | Do people get in trouble with debt? Yes. And that's why we
           | have bankruptcy. But not everyone gets in trouble with debt.
           | I don't think it's fair to make it unavailable to everyone to
           | protect those that fall into arrears -- because, again,
           | that's what bankruptcy is for.
        
             | aseipp wrote:
             | > Say I live paycheck to paycheck... would be completely
             | worth it and beneficial to the borrower
             | 
             | I mean yes, if you just make up completely fake scenarios
             | that have no bearing on the real world, a lot of bad things
             | can end up looking beneficial. I'm going to assume this
             | little experiment sounded much better in your head than it
             | did in practice?
        
             | zozbot234 wrote:
             | > Say I live paycheck to paycheck
             | 
             | Well, that's your problem right there. Unless you have
             | routine access to spending opportunities that yield more
             | than 36% in yearly returns, which I'm going to assume is
             | pretty unlikely.
        
               | renewiltord wrote:
               | The easiest way to yield that kind of return is aborting
               | on pre-committed spending. In fact, that's the way the
               | poor generate this kind of income. If they have $100 for
               | food this month and a sudden expense needs $50, then that
               | means they just go hungry until their budget hits $50 for
               | food this month.
               | 
               | What you do is you starve a day or two and sell your food
               | bank food. Everyone is capable of generating income while
               | depleting from stores.
        
               | baq wrote:
               | 'Stop being poor' is the usual advice given in that
               | predicament.
        
             | bonzini wrote:
             | If you live paycheck to paycheck, which is consistent with
             | your total savings being less than $500, the chance that
             | you will be able to pay back $515 on your next payday are
             | basically zero.
        
               | damiankennedy wrote:
               | I'm not so sure, living paycheck to paycheck doesn't mean
               | you have no discretionary spending at all. Maybe you have
               | $500 a month for one off expenses and you already used up
               | this months on a laptop for you kid at school or
               | something.
        
               | chii wrote:
               | and next month, another emergency. The root cause is low
               | income, because with a higher income, such things won't
               | be an emergency.
        
               | bonzini wrote:
               | One off expenses don't happen 12 times a year. If you
               | haven't been able to save $100 a month for five months,
               | you just won't be able to save five times as much, let's
               | be realistic.
        
               | Scarblac wrote:
               | If you have $500 per month for one off expenses, you
               | should have been able to build some sort of emergency
               | fund.
        
               | ianleeclark wrote:
               | 500 dollars of discretionary spending is a comfortable
               | position to be in. Paycheck to paycheck tends to mean
               | that your entire paycheck goes to subsistence and
               | (optionally) debt.
        
               | renewiltord wrote:
               | My car was towed the other day and while I was paying my
               | bill for the $700 or whatever SF makes you pay, there was
               | this guy at the next counter with nothing who was
               | sleeping in his van who had it towed and they wanted $100
               | to release it. The tow counter lady could obviously do
               | nothing (his price is low because of low income etc.
               | etc.) but the guy was going to have to sleep in the
               | street otherwise. And there is a holding fee each day
               | it's in the tow yard.
               | 
               | Sure, we could find each of these risky situations and
               | try to regulate them, but you won't even know of them
               | because most people will never get towed. It's better to
               | improve access to credit.
               | 
               | The guy could get $100 the next day, but not
               | $100+storage-fee/day. It's like $70/day. Any loan that
               | goes between 0% per day and 70% per day simple interest
               | would have been a net win for this guy.
               | 
               | Obviously, having eavesdropped on the whole thing, I paid
               | it as I was leaving but I think perhaps those of us with
               | easy cash liquidity perhaps should build some intuition
               | on what kinds of situations cause people to take on
               | onerous credit.
        
               | baq wrote:
               | It's expensive to be poor and people who haven't ever
               | been poor just can't wrap their heads around that. They
               | don't understand the loss-loss choices poor folk have to
               | make every day and the toll and psychological exhaustion
               | it puts on them.
        
               | UperSpaceGuru wrote:
               | Props on paying it forward. It's not a systems fix, but
               | we underestimate how impactful culture is & in a future
               | where the wealth distribution is going to be even more
               | lopsided, benevolence & sense might be a good stopgap.
        
             | jacquesm wrote:
             | In other countries there are institutions such as municipal
             | banks that will borrow you the money at a reasonably low
             | interest rate. The US is fairly unique in having legal
             | usury where loansharks are allowed to prey on poor people.
        
               | davedx wrote:
               | UK: hold my beer...
        
             | syki wrote:
             | The question lawmakers ought to ask is what is more
             | beneficial, overall, for society? Some will suffer by
             | denying exorbitant interest rate loans. Some will benefit
             | by restricting them. I suggest our society would be better
             | by not having exorbitant rate loans be legal.
        
               | adventured wrote:
               | Why should a society be structured by majority rule /
               | majority benefit for such things, even if one agrees with
               | your premise that society is supposedly better off (which
               | I disagree with, you're not counting all the required
               | consequences that go with re-ordering the system, you're
               | pretending we're only talking about one thing)?
               | 
               | Actual democracy is an extreme negative, not a positive
               | approach to organizing society.
               | 
               | You can claim the majority would benefit from eating the
               | wealth of Sergey Brin and Larry Page at this point, they
               | no longer operate Google, they're just ~50 year olds
               | sitting on $200 billion in Google shares, piddling around
               | until the day they die. So why not let society benefit
               | sooner rather than later by consuming their wealth to its
               | (supposed) benefit, divvy up their wealth to the poorest
               | 51%.
               | 
               | You can invent a huge number of scenarios for doing
               | things like that, where society supposedly is better off
               | if we violate the property rights of some minority group.
               | Why shouldn't some minority of people be allowed to lend
               | at 43% interest if there are takers at that rate? Because
               | you say so? Why shouldn't their property rights be
               | respected - the property right to lend their money out at
               | the rates they can command - and why should the majority
               | get to arbitrarily restrict their property rights? It
               | sets up an obvious exploitation situation, which is
               | always the case in democracy, where the majority can
               | endlessly torture, exploit and abuse the minority.
               | 
               | It would very clearly be better for the top 51% (far more
               | than that actually) - the majority of society - if the
               | economic bottom 10% did not exist (a group that rarely
               | holds a job, has vast health & drug addiction problems,
               | rarely pays taxes into the system, rarely contributes
               | much of anything; and in fact that's true in nearly all
               | welfare states, including the US). So they should all be
               | gotten rid of, is that right? Democracy in action. The
               | tax paying majority is sick and tired of carrying the
               | never-tax-paying economic segments at the bottom, time to
               | get rid of them, for the benefit of "society" (aka the
               | majority power herd).
        
             | nikanj wrote:
             | Alas, the more likely scenario is "I need $500 to fix my
             | car. Damn piece of shit needs repair at least once or twice
             | every year. If I had a brand-new F350, I would save so much
             | money on repairs!"
             | 
             | And they happily drive off the lot with a $80k car loan at
             | 36%. People are, pardon my french, dumb as shit when it
             | comes to car purchases. They are very happy to lose a
             | guaranteed $10k/year in deprecation, so they won't get hit
             | by a $2000 surprise bill.
        
               | loeg wrote:
               | Who finances cars at 36%?
        
         | toomuchtodo wrote:
         | https://www.moaa.org/content/publications-and-media/news-art...
        
         | wiredfool wrote:
         | The reason that this is different than what you might expect
         | from a free market approach is that part of the "being in the
         | military" is a host of new rules that have the force of law,
         | and one of these is to not default on loans. If you do, and
         | your CO gets a call, then you're in for a bad time.
        
           | cheschire wrote:
           | Well the existence of rules in itself does not justify more
           | rules. That's just bureaucracy. But I think what you're
           | driving at is there are rules in place for military folks
           | designed to keep them from becoming targets of manipulation,
           | keep them from making poor household decisions that would
           | distract them from regulatory tasks, etc.
           | 
           | I don't imagine there are many protections for active duty
           | folks that are designed purely to protect the individual. I
           | suspect the primary motivation to get most of these types of
           | laws passed is to protect the government.
        
             | mpyne wrote:
             | > I don't imagine there are many protections for active
             | duty folks that are designed purely to protect the
             | individual.
             | 
             | On the contrary, for reasons political ('everyone loves the
             | troops'), administrative (Congress in many ways writes the
             | 'Employee Handbook' for military personnel), and logistical
             | (the military is _heavily_ made up of people straight out
             | of high school), there are several protections in law
             | designed to protect military on active duty.
             | 
             | We can cancel leases with landlords with nothing more than
             | valid assignment orders, at any time. We can vote in
             | elections using the easiest process there is, including
             | instant registration and the ability to fax the vote over.
             | And, yes, there are restrictions on lending to those on
             | active duty to try to keep us out of trouble.
             | 
             | Even though active duty personnel _do_ make convenient
             | targets of political affection, it 's not all done out of a
             | sense to protect the individual. Active duty personnel have
             | clearances, access to government facilities, and so on.
             | Protecting them from getting into stupid situations is to
             | the government's benefit.
             | 
             | But that all said, we get a lot of protections that exceed
             | what the government deems necessary for its benefit. Just
             | look at the differential treatment provided to military and
             | government civilians (who also have clearances, access, etc
             | etc) if you want to see.
        
             | wiredfool wrote:
             | No, I didn't go into the multiple levels of chesterton's
             | fence.
             | 
             | I pointed out how the risk is different than the assumed
             | free for all that is the free market. I will not
             | potentially get thrown in the brig for defaulting on a
             | payment. A private could be.
        
         | specialp wrote:
         | It is because that is the violation they can hit them with from
         | a federal level. Usury laws are the domain of states.
        
         | jlawer wrote:
         | More then 36% APR for anything more then a fraction of your
         | weekly / monthly salary is likely to be crippling for most
         | people and predatory. I can understand higher rates for very
         | short term debts (i.e. a payday loan where the entire thing
         | should be paid off in 1 month, but these lenders often try and
         | have people turn over the principle into new loans).
         | 
         | IF someone's credit won't support a 20% interest rate then I
         | don't think they should be leant money in the traditional
         | sense. Either the purchase isn't required (in which case it
         | shouldn't happen), or if its essential they should be supported
         | by mechanisms to get people out of debt. Governments can make
         | low value loans available to help here. In Australia, your
         | entitled to a loan if your on benefits (centrelink) in which
         | repayments are deducted from your welfare payments but charged
         | no interest.
        
         | _jal wrote:
         | > Why aren't these extended to credit consumers in general
         | 
         | Take your pick:
         | 
         | - Finance companies have effective lobbyists.
         | 
         | - Americans demand All The Freedoms. (Except for those
         | freedoms.)
        
           | hellojesus wrote:
           | Of course we do! Even the military covered bit is nonsense.
           | 
           | Americans do not take kindly to voluntary transaction
           | meddling by the government because who is the government to
           | say what two private parties agree on so long as it does not
           | infringe on the rights of others?
        
             | eropple wrote:
             | Believe it or not, the social part of our society finds
             | there to be something coercive about Hobson's choices.
             | Something about people not existing purely to be grist for
             | your ideological mill? Shocking, I know, but, well, it is
             | what it is.
             | 
             | That social part of our society has cottoned onto the idea
             | that for the poor among us the game is rigged--and that it
             | is not merely rigged but it is being played such that the
             | information necessary to _know about the choices to get out
             | of it_ show up far too late to be of use, or not at all.
             | 
             | And while that is speaking of a just government, and ours
             | is frequently unjust--sometimes it gets something right.
        
               | hellojesus wrote:
               | If this service existed in an extortionary way, why isn't
               | there competition that undercuts the 36% rate? Perhaps
               | it's because such high rates are necessary to make the
               | business profitable at all.
               | 
               | While the government _thinks_ they just saved people from
               | an evil corporation, all they 've done is completely
               | prohibit such customers from acquiring loans.
               | 
               | If there is opportunity for arbitrage, you or I or anyone
               | could step in and create a seemingly profitable business
               | while also providing a social benefit.
               | 
               | The moral hazard introduced by the government is the
               | issue.
        
             | Talanes wrote:
             | I've never gotten a loan that wasn't from a "person" that
             | only exists as a government-sanctioned construct. I'm all
             | for natural rights for natural people, but corporate
             | entities are creatures of law, not nature.
        
               | hellojesus wrote:
               | It's still a voluntary transaction.
               | 
               | Would you be opposed to a sole proprietor offering loans
               | at 200% apr?
        
               | aj7 wrote:
               | Backed by guns, no doubt.
        
             | engineeringwoke wrote:
             | What about meddling in USD transactions across the globe?
             | Did they get that part right?
        
               | ethanbond wrote:
               | Yes I like that autocratic regimes, terrorist groups, and
               | rogue states have a very hard time financing their
               | operations. The meddling is certainly not perfect and not
               | without collateral damage, but yeah I think most
               | Americans are probably pretty okay with that.
               | 
               | Awfully suspect that people start coming out of the
               | woodwork with arguments from "principle" coincidentally
               | with them having a vested economic interest in a weak
               | dollar/weak state generally (or at least _thinking_ they
               | have interests in those things).
        
               | [deleted]
        
         | vmception wrote:
         | Federal government has limited purview of its citizens, but can
         | more easily regulate the people in the military and
         | interactions with them.
         | 
         | As it derives its power from the delegates of the states, it
         | has to appease them even if it has the power to regulate all
         | facets of life. So there isn't a law for all people as not
         | enough delegates can stomach that, but for the military its
         | easy.
        
           | jhgb wrote:
           | > but can more easily regulate the people in the military and
           | interactions with them
           | 
           | I always found it amusing how the "patriots" worshipping the
           | military are pretty much the same people who hate any kind of
           | government intervention in their lives.
        
             | ashtonkem wrote:
             | I'm reminded of the common quip that the US military is the
             | largest socialist organization in the United States.
        
               | kodah wrote:
               | This is actually one of the things I like to highlight to
               | folks that talk a little-too-gleefully about socialism.
               | The military _implements_ socialism for convenience and
               | cost effectiveness. The result is atrocious. This was in
               | Camp Lejeune, NC.
               | 
               | I almost never got adequate medical care. The medical
               | system was strange and winding. There were all kinds of
               | approvals needed for very simple things.
               | 
               | The food standards were absolutely terrible. I don't know
               | if it was an actual thing, but I was told there was a
               | threshold for the number of roaches that could be present
               | on food dispensing equipment before they'd throw the food
               | out.
               | 
               | The housing was disgusting. I lived in a barracks built
               | in 1945 with inadequate parking, sewage that once popped
               | a goldfish into a toilet bowl, water that occasionally
               | would turn totally brown or yellow and is now known to
               | have made people sick. There was a door to the interior
               | of the building where ducts, pipes, and internet were run
               | that _all_ contained asbestos and asbestos warnings.
               | 
               | The worst part, you had no option to say, "Give me the
               | dollar amount you spend on this so I can find my own
               | options" but they'll gladly tell you what they spent at
               | an inflated rate.
               | 
               | These are just the ones off the top of my head.
        
               | aidenn0 wrote:
               | I have heard similar stories from all members of my
               | family that served in the military. Their experiences
               | with healthcare in the military have essentially
               | guaranteed they will never get behind a single-payer
               | health-care system.
        
               | jhgb wrote:
               | The results you describe sound very much like pre-1989
               | Czechoslovakia to me. I guess they actually _did_ achieve
               | socialism! :)
        
               | kodah wrote:
               | They do achieve socialism, without a doubt.
        
               | rjbwork wrote:
               | Not really socialist. It's just a giant imperial jobs
               | program that also provides cover for channeling tax
               | dollars into the coffers of the donor class.
        
               | MandieD wrote:
               | A socialist meritocracy.
        
           | kodah wrote:
           | > Federal government has limited purview of its citizens, but
           | can more easily regulate the people in the military and
           | interactions with them.
           | 
           | Congress passes these protections, the military just lobbies
           | for them internally because they cause problems with the
           | operations of the military. Some things I saw a lot:
           | 
           | - A Private, PFC, or Lance Corporal who lives in the barracks
           | (therefore has the most straight-forward pay with little
           | extra incentives) [1] gets approved for a car loan on a used
           | car at 20%+ APR or credit cards which revolve into 20%+ APR
           | with caps well above their means. When they can't pay they
           | will attempt to contact the chain of command and pressure the
           | military into intervening. Eventually they'll settle, the car
           | or items get returned, the Marine gets busted down, and then
           | they go on to do the _same_ thing all over again with the
           | _same_ car.
           | 
           | - Lending services know that military are fixed income and
           | that they are also low income, and will therefore shop
           | predatory rates to them as a means of "refinancing". Really,
           | it's debt consolidation because military members also have a
           | high rate of divorce and debt.
           | 
           | - Banks will attempt to repossess homes while military
           | members are on deployment and cannot access internet or
           | financial services. Also happens to reservists who are
           | without their primary income and are deployed.
           | (ServiceMembers Civil Relief Act) [2]
           | 
           | Military just face some very unique situations, but a lot of
           | it derives from the fact that we pay enlisted personnel (the
           | greatest in number) dirt for their trade.
           | 
           | [1]: Note, these are pre-tax:
           | https://militarybenefits.info/2021-military-pay-charts/
           | 
           | [2]: https://www.texasbar.com/flashdrive/materials/military_l
           | aw/M...
        
         | mschuster91 wrote:
         | > This might be too low for some high risk customers to be able
         | to get credit at all.
         | 
         | We're living in near-zero interest rate land. 36% is usury,
         | even 20% is that.
         | 
         | Maybe the US should not only put a hard cap for _any_ kind of
         | loan at FED interest rate + 10%, but also force through an
         | actual livable minimum wage so even the poorest classes don 't
         | have to choose between ridiculously expensive credit card debt
         | or starving/dying because they can't afford healthcare.
        
       | tw04 wrote:
       | >A central component of LendUp's marketing and brand identity was
       | the "LendUp Ladder." LendUp told consumers that by repaying loans
       | on time and taking free courses offered through its website,
       | consumers would move up the "LendUp Ladder" and, in turn, receive
       | lower interest rates on future loans and access to larger loan
       | amounts. As alleged in the complaint, in reality, as tens of
       | thousands of LendUp's customers climbed the "LendUp Ladder," they
       | failed to qualify for larger loan amounts and continued to be
       | offered similar or higher interest rates compared to previous
       | loans.
       | 
       | While the initial founding direction seems well intentioned, it
       | sounds like they were scamming customers, or unable to actually
       | follow-through on the promise to consumers. Glad the regulators
       | are actually enforcing some of the rules.
        
         | polygotdomain wrote:
         | While it does seem like a scam, I think the "following through"
         | aspect was doomed from a business perspective. Credit, and
         | therefore rates, is based on a consumer's history, not their
         | knowledge. While poor financial decisions can certainly be
         | chalked up to not knowing any better, knowledge of what you
         | should do goes out the door when there's bills to pay and not
         | enough money to cover them all.
         | 
         | Remember, LendUp is likely just a middle man and marketer; it's
         | facilitating the loan, not doing the actual underwriting (and
         | therefore rate setting). Following through would mean exposing
         | the business to risk that customers, in spite of climbing their
         | made up ladder, still made payments. Considering the other
         | shady stuff that this thread is talking about, it doesn't
         | surprise me that they didn't choose to take on that risk.
         | 
         | Of course the irony in all of this is that the very thing that
         | would've prevented customers from making the right choice even
         | though they were gaining financial knowledge is the loans that
         | LendUp was handing out. I wonder if the pitfalls of payday
         | loans was part of that knowledge track. I doubt it.
        
           | emodendroket wrote:
           | I suppose in theory, in the very long run, improving one's
           | credit by paying off loans in a timely fashion could lead to
           | that result eventually.
        
           | tw04 wrote:
           | > Credit, and therefore rates, is based on a consumer's
           | history, not their knowledge.
           | 
           | But their entire premise was that they weren't simply going
           | to use existing credit scores.
           | 
           | > Remember, LendUp is likely just a middle man and marketer;
           | it's facilitating the loan, not doing the actual underwriting
           | (and therefore rate setting).
           | 
           | Over $350m to be a middle man for small loans seems like an
           | absurd amount of funding. I assumed and hope all that cash
           | was because they're actually lending directly.
        
         | tootie wrote:
         | I wouldn't be surprised if it's a scam. I also wouldn't be
         | surprised if it was all wishful thinking and their attempt to
         | bypass traditional risk models was just a failure.
        
       | darkstar999 wrote:
       | And they weren't even taken down for being a loan shark, where
       | they can make over 600% interest in some states.
       | 
       | https://www.cnbc.com/2021/02/16/map-shows-typical-payday-loa...
        
         | [deleted]
        
         | pc86 wrote:
         | Is it really fair to calculate an _annual_ interest rate when
         | the loan term in question 14 days (literally one payday)?
         | 
         | I'm not defending payday loans but it seems like an
         | intentionally skewed comparison when you're looking at
         | installment loans of terms in the years or something revolving
         | like a credit card.
        
           | nlh wrote:
           | I'm going to disagree with the sibling responses here and
           | agree with your premise - I actually think in some cases it's
           | not fair to calculate APR for short term, low value loans.
           | Here's why: There's a transaction cost with making a loan -
           | paperwork, time, etc., and in many cases that transaction
           | cost doesn't scale with the loan size.
           | 
           | Example to illustrate: Let's say I ask you for a personal
           | loan. If I need $100,000 and I want to pay you back over a
           | few years, let's say you charge me 5% APR. You write me a
           | check and you can roughly count on the fact that I'm going to
           | pay you ~$5,000 a year for the service. I get the money I
           | need, you make a nice return, we're both happy.
           | 
           | Now let's say I need $100 for a week. If you charged me the
           | same 5% APR, that means I pay you back about $100.096 next
           | week. Is it worth it? Pretty good deal for me - I'm happy to
           | get a week's usage of $100 and it only cost me a dime. Pretty
           | bad deal for you - and in fact, I expect you wouldn't want to
           | even do the deal. Not worth the risk!
           | 
           | So what do you charge me? What's it worth to hand me a $100
           | and hope you'll get it back in a week? $1? Still pretty low -
           | and that's 52% APR! $5? Getting closer - now you can buy a
           | beer or two at the bar next week. But that's 260%! $10? Now
           | we're at 520% APR.
           | 
           | It doesn't really scale at low numbers.
        
             | wbc wrote:
             | these amounts (10, 50, 100, w/e) are being lent on a minute
             | by minute basis and are paid back in a week:
             | 
             | https://www.kucoin.com/margin/lend/USDT
             | 
             | USD transaction cost might be too high if the technology
             | doesn't exist
        
           | AlexandrB wrote:
           | APR is the financial equivalent of those labels in the
           | grocery store that give price/100g (or price/oz if you
           | prefer). It allows you to compare the cost of borrowing money
           | across a range of products regardless of a loan's duration,
           | compounding frequency, or non-interest fees. So yes, it's
           | very fair.
        
             | tzs wrote:
             | A $100 loan that I have to pay back the next day for $101
             | has an APR of 365%.
             | 
             | A $100 that I don't have to pay back until one year later
             | for $200 has an APR of 100%.
             | 
             | I fail to see how APR is useful in any way whatsoever when
             | comparing those two loans.
        
             | ahmedfromtunis wrote:
             | Not the OP but I always fail to see how this is useful in
             | the real world (I'm sure you already guessed I'm no
             | financial guru).
             | 
             | Can someone please explain why isn't this akin to comparing
             | the price of a gallon of water to that of printer ink and
             | then thinking: "hmm, the water is way cheaper. I'll take a
             | dozen of bottles, yet I'll be spending less."?
        
               | AlexandrB wrote:
               | I gave an example in another comment:
               | https://news.ycombinator.com/item?id=29656265
               | 
               | Because the thing you're buying is short term, unsecured
               | credit, it's generally pretty fungible. Regardless of the
               | credit product - payday loan, credit card, line of
               | credit, or something else - what you're paying for is
               | immediate access to money. And in most cases, these
               | products allow you to borrow as much (or as little) as
               | you want - so you're not going to "overborrow". This is
               | more like comparing the cost of buying 30L of water in
               | 330ml containers for $2/ea vs. in 481ml containers for
               | $3/ea except the math for compound interest is harder to
               | do correctly.
        
           | Karunamon wrote:
           | It is not fair, nor is it reasonable. It's about as useful a
           | metric as the weather forecast being provided in degrees
           | kelvin.
           | 
           | As someone that's had their ass saved by payday loans a
           | couple times, I'll gladly defend them every day of the week
           | and twice Sunday. At no point was I ever unclear about
           | payback schedules, the cost of the financing, penalties, any
           | of it, and neither is anyone else with the financial literacy
           | to have a bank account, a job, and regular
           | paychecks/deposits, all of which are a requirement from your
           | average lender.
        
             | AlexandrB wrote:
             | You need to borrow $200 for 60 days. Is it cheaper to do so
             | for a flat $10 fee on repayment or by using a credit card
             | with an APR of 20% (compounded monthly)?
             | 
             | I can't do the math to answer this question in my head. I
             | suspect you can't either. The point of normalizing the cost
             | of borrowing money to an APR is so that a consumer can make
             | this decision without having to solve exponential
             | equations.
        
           | dragontamer wrote:
           | > Is it really fair to calculate an annual interest rate when
           | the loan term in question 14 days (literally one payday)?
           | 
           | Yes. Because annual interest rates are the standard of this
           | country. That means you compare the interest rates apples-to-
           | apples.
           | 
           | My credit card is 13% annual rate, even if I only ever borrow
           | money for 30-days at the max. Comparing this platform vs my
           | credit card on an apples-to-apples basis (APY) is just fair.
        
             | emodendroket wrote:
             | In the case of the credit card you don't ever have to pay
             | any interest if you pay within 30 days; can't say that for
             | the payday loans.
        
               | AlexandrB wrote:
               | That's only true if you're using your credit card to buy
               | stuff. If you withdraw cash from your credit card at an
               | ATM you start accruing interest immediately; at least on
               | every credit card I've ever owned.
        
               | emodendroket wrote:
               | You're right. Cash advances are generally not on very
               | favorable terms.
        
           | joe-collins wrote:
           | If you shy away from defending payday loans, you may be aware
           | of how easily those loans can "get away" from their
           | financially-unstable borrowers and turn into longer-term cash
           | sinks. In light of that, how is it _not_ fair to consider the
           | interest rate over a longer period?
        
           | [deleted]
        
           | dkjaudyeqooe wrote:
           | Yes, it's a standard measure so you can easily compare
           | interest rates.
           | 
           | Why shouldn't consumers be able to easily compare rates other
           | than making it easier to mislead them? Arguably not proving
           | an APR is an "intentionally skewed comparison."
        
       | sandofsky wrote:
       | They don't spell it out in the press release, but the 2016
       | settlement included a $3.63 Million fine.
       | https://www.consumerfinance.gov/about-us/newsroom/lendup-enf...
       | 
       | According to Crunchbase, LendUp has $361M in funding. Maybe they
       | thought that a few million here and there is a drop in the
       | bucket, and they stand to lose more if reforming themselves
       | impacts growth. Turns out you have more to worry about than
       | escalating fines.
        
         | vmception wrote:
         | Yeah, CFPB is one of the newest, or maybe the newest, federal
         | agency. The other consumer protection agencies (FTC) lack
         | teeth. So it is a decent gamble to test the authority.
         | 
         | Of course they could just stop the predatory practices, but
         | lets not be _crazy_ here.
        
         | veltas wrote:
         | It seemed to me like the business is having financial trouble
         | and cannot pay a fine like last time, so has to be penalized in
         | another fashion, maybe I'm misreading it.
         | 
         | > The order would also impose a $100,000 civil money penalty
         | based on LendUp's demonstrated inability to pay.
        
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