supply of personal loans, while providing some estimates for the sector based on relatively recent
data sources.
2. Brief Regulatory Overview
The United States consumer credit regulatory environment is dynamic, multilayered, and com-
plex, in particular for nonbank issued personal loans, with states having full flexibility to adopt and
repeal pieces of legislation.
4
The most important regulatory elements affecting the personal loan
space are interest rate ceilings and banks’ interest rate exportation ability. In addition, over the past
decade, various developments, such as the Madden v. Midland Funding ruling, the Payday Rule,
or the adoption of caps for small loans, also put their marks on the sector.
5
First, historically, the personal loan sector in the United States has been regulated by the states
through interest rate ceilings. State credit price ceiling laws generally included usury laws and
a variety of special laws allowing higher rates than those allowed under usury laws for specific
types of credit from certain classes of lenders.
6
Currently, 15 states have high or no interest rate
ceilings. These are South Carolina, Georgia, Texas, Oklahoma, Louisiana, Tennessee, Missouri,
Illinois, New Mexico, Kentucky, Alabama, Wisconsin, Indiana, Mississippi, and Idaho. In addition
to state interest rate ceilings, credit unions are subject to their own 18 percent ceiling for traditional
personal loans imposed by the National Credit Union Administration. More recently, after 2010,
credit unions are able to make small-dollar short-term loans, labeled payday alternative loans that
can have interest rates of up to 28 percent.
Second, in 1978, the U.S. Supreme Court in Marquette National Bank v. First Omaha Service
Corporation ruled that national banks could charge interest rates permitted by the lending bank’s
home state regardless of the rate permitted by the borrower’s state of residence. Until more re-
cently, this significant court ruling had its greatest effect on the credit card market as it enabled
credit card companies to expand their offerings geographically to consumers located across states
with various interest rate ceilings. As a result of the Marquette ruling, credit card companies moved
4
"For example," notes American Financial Services Association (2016), "in Alabama, traditional installment lenders
are governed by the Small Loan Act, the Consumer Credit Act, and the Interest Usury Statute. In Arkansas, they are
governed by the Arkansas Constitution, the Arkansas Business and Commercial Law Provisions, the Insurance Sales
Consumer Protection Act, the Credit Life and Disability Provisions, and the Uniform Commercial Code. In Georgia,
traditional lenders follow the Usury Statute and the Industrial Loan Act. In Illinois, they follow the Consumer Installment
Loan Act, Consumer Installment Loan Act Regulations, and the Interest Act. The list goes on for each state."
5
Despite its name the Payday Rule affected the supply of all expensive small loans, irrespective of type.
6
For example, the 36 percent interest rate cap emerged in the first half of the twentieth century in an effort to allow
(as an exception from usury laws) for a legal small dollar consumer loan market, as before its creation, the precursors of
payday lenders, the "salary lenders", were illegally making small loans with four-digit annual interest rates. The Russell
Sage Foundation is credited with the idea behind the 36 percent interest rate cap. The adoption of an interest rate cap of
36 percent at the state and federal level has been dynamic with states adopting it at various points in time and various
pieces of federal legislation imposing it (Saunders, 2013). The Talent Amendment to the 2007 defense authorization
bill was the federal law imposing a novel 36 percent rate cap on payday loans provided to military members and their
immediate relatives (Pew Charitable Trusts, 2012). The adoption of the 36 percent interest rate cap does not outright
prohibit payday lender activity. It makes payday loans unprofitable and illegal.
2