Payday lending is regulated in South Australia under the Consumer Credit Code, which is national legislation regulating consumer credit providers generally. The Credit Code provides important protections for borrowers including requirements for payday lenders to disclose the cost and terms of loans and allowing borrowers to challenge unjust loans in the courts. However, the Government is concerned that these protections do not go far enough in protecting consumers from payday loans and is examining options for further action that could be taken in South Australia, in addition to the national legislation, to protect consumers.
In the meantime there are things that you can do to ensure that you don't get trapped.
Alternative sources of financial assistance
Features of payday lending
These are some of the common features of payday loans:
- loans tend to be for a fixed fee rather than at an interest rate
- loans are usually for a period of 7 to 62 days
- the average amount of a payday loan is $250
- the most common form of repayment is a direct debit arrangement authorised by the borrower
- some payday lenders require security over goods that the borrower owns, e.g. a motor vehicle or furniture
- payday lenders will often roll over loans for a further period for an additional fee resulting in an escalating debt
- payday lenders may charge fees that would be equivalent to very high annual interest rates.
Problems with payday lending
There are widespread community concerns about payday lending. In-depth research summarised the problems as follows:
- Payday lenders may charge high rates with effective interest charges as high as 1300% per annum.
- Payday lenders' clients are generally low-income consumers.
- The rolling over of payday loans leads to a rapidly growing debt that consumers may find difficult to repay.
- Lenders who require direct debit as a form of payment guarantee have priority access to the income of consumers, leaving them exposed to other financial difficulties.
Some payday lenders appear to lend to people who simply do not have the capacity to repay the loan, or not without hardship.OCBA is aware of recent increases in the number of people on Centrelink benefits who are giving direct debit authorities to payday lenders. This would suggest that some people are being left with insufficient income for basic living expenses.
| Related information: | |
| Payday lending isn't the answer to your financial needs | |
| Alternative sources of financial assistance | |
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
Webmaster
If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
Accessibility
Information on accessibility for the Office of Consumer and Business Affairs website can be viewed at: http://www.ocba.sa.gov.au/accessibility.html


