
The Consumer Financial Protection Bureau (CFPB) issued a final update in new payday loan rules on July 7, 2020, imposing new limits on payday lending and revoking provisions established during the Obama-era. The original payday loan rules were designed to restrict lenders who disproportionately targeted low-income borrowers with high-interest payday loans, requiring lenders to ensure a borrower's affordability before offering another loan.
However, this protection was short-lived. The CFPB began rolling back these rules in February 2019 when Director Kathleen Kraninger announced plans to revoke the main provision requiring payday lenders to analyze a borrower's affordability—including income, rent, and student loan payments—before granting loans to low-income borrowers. The bureau explained this would increase "access to credit and competition in states that have determined it is in their residents' interests to use such products."
In July 2020, under new leadership, the CFPB released its final rule regarding payday and certain high-cost installment loans, eliminating the requirement for lenders to verify borrowers' ability to pay off loans. The bureau stated this ensures "consumers have access to credit and competition in states that have decided to allow their residents to use such products, subject to state-law limitations."
Importantly, the CFPB maintained restrictions preventing payday lenders from collecting payments directly from borrowers' bank accounts without proper authorization. This protection addresses the common practice where unexpected withdrawals lead to overdraft fees and credit score damage.
Summary of the CFPB Rule
On November 17, 2017, the Bureau published a final rule (2017 Final Rule) establishing consumer protection regulations for payday loans, vehicle title loans, and certain high-cost installment loans. The 2017 Final Rule addressed two discrete topics:
Mandatory Underwriting Provisions
Requirements for underwriting covered short-term and longer-term balloon-payment loans, including payday and vehicle title loans, with related recordkeeping and reporting requirements.
Payment Provisions
Requirements and limitations regarding attempts to withdraw payments from consumers' checking or other accounts, applicable to the same loans plus certain high-cost installment loans.
The Rule became effective on January 16, 2018, with most provisions having a compliance date of August 19, 2019. However, on February 14, 2019, the Bureau published a notice of proposed rulemaking (2019 NPRM) to revoke the Mandatory Underwriting Provisions. Importantly, the 2019 NPRM did not propose to amend the Payment Provisions.
The Bureau finalized amendments to revoke several key provisions, including ability-to-repay identification and prevention rules, principal step-down exemptions, and registered information system reporting requirements.
Why This CFPB Payday Loan Final Rule Can Be Problematic
"By eliminating the ability-to-repay protections, the CFPB is making a grave error that leaves the 12 million Americans who use payday loans every year exposed to unaffordable payments at annual interest rates that average nearly 400%."
The new payday loan rules were declared when consumers were desperately searching for credit. Approximately one out of three Americans lost their jobs due to the COVID-19 pandemic. Nearly 12 million people annually opt for payday loans to pay necessities like rent, utilities, and credit card bills.
Borrowers can get payday loans easily with minimal documentation. Most lenders provide payday loans with a finance charge resulting in an average APR of about 400%. Loan balances are typically due in two weeks, and borrowers who cannot pay back the full amount face repeating interest charges on principal and interest.
Without lenders verifying affordability before providing payday loans, borrowers might take out amounts they cannot repay, ending up in a destructive cycle of borrowing and accumulating debt.
Currently, 32 states permit payday lending, while 18 states and the District of Columbia have either banned them entirely or capped interest rates.
When to Opt for Payday Loan Settlement
If you're a borrower with payday loan debts and can't afford to pay them, you may encounter several challenging situations requiring immediate action:
- Money withdrawals from your bank account directly or aggressive collection calls from lenders
- Receiving threats from lenders or collection agencies about legal action
- Receiving settlement offers on payday loans from the lender
- Receiving court summons for unpaid payday loan debts
You should opt for payday loan settlement if you cannot afford payments, want to stop ACH debits, want to end harassing collection calls, or want to grab a favorable settlement offer to lower your total debt.
Getting Help from Settlement Companies
Handling payday loan debt settlement on your own carries risks because first-time negotiators lack experience against lenders who know state laws and cunning negotiation tactics.
When you get help from a reputable company specializing in payday loan debt settlement, professional negotiators provide structured enrollment, deal directly with accounts, reduce abusive collection calls, and negotiate maximum debt savings.
Choosing the Best Settlement Offer
As a borrower, you must choose the right settlement offer to get the most benefit and save more money. Key points for choosing the best offer include:
- No Additional Finance Charges: Ensure no hidden fees are added beyond the settled amount.
- Significant Debt Reduction: Target settlement amounts around 50% less than what you owe.
- Credit Report Protection: Ensure the lender agrees to settle the account as "Paid in full" or "Paid as agreed."
Always reject settlement offers if you don't receive a written agreement letter, if the company violates FTC regulations, or if you cannot afford the new payoff amount.
Borrowers can manage high-interest payday loans by seeking help from non-profit settlement organizations, ensuring all agreements comply with FTC laws and fit your budget.
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Phil Bradford
Financial Writer & Debt Settlement Expert, DebtCC
Phil Bradford is a financial writer specializing in payday loan debt relief, CFPB regulations, and consumer protection in lending. With deep knowledge of payday lending practices and debt settlement strategies, he helps borrowers understand their options for escaping high-interest debt cycles.

