The Honorable Scott M. Stringer Comptroller, New York One Centre Street Nyc, NY 10007

Dear Comptroller Stringer:

The undersigned companies urge one to straight away and permanently divest ny City’s retirement funds from payday lending organizations – whose loans are categorically unlawful in ny. City pension funds invested a lot more than $20 million in payday lending and high-cost installment financing organizations in 2016. Furthermore, City pension funds spent almost $160 million in Lone celebrity Fund VIII, a personal equity investment that owns DFC worldwide, Inc.,i which, in change, owns several payday loan providers, including cash Mart as well as the Check Cashing Store.

Spending pension that is public in disreputable payday financing organizations raises a primary conflict for the City. Not just do these businesses make triple-digit rate of interest loans which are unlawful in nyc, but the majority of those have already been the main topic of enforcement actions for flagrant violations of this legislation; mistreated clients; and encountered allegations of misleading and defrauding investors – including public retirement funds – in states where they’ve been allowed to use.

Among the list of investments : ● money America Overseas, Inc. and EZCORP, Inc. have already been the topics of major enforcement actions because of the customer Financial Protection Bureau (CFPB) for illegally robo-signing court papers, breaking the federal Military Lending Act,ii and unlawfully harassing borrowers at their houses and workplaces,iii among other violations. ● Cash America Global, Inc. additionally made loans with interest levels that surpassed 1,000per cent to Pennsylvania residents,iv in breach of Pennsylvania’s customer security legislation. ● World Acceptance Corp. happens to be under research by the CFPBv since March 2014 to ascertain whether or not the company’s exploitative business practicesvi have been in breach associated with customer Financial Protection Act, the reality in Lending Act, along with other federal customer monetary laws and regulations. ● Enova Overseas, Inc., operator associated with payday that is online CashNetUSA, had been discovered to own gotten probably the most consumer complaints among all payday lenders,vii in line with the CFPB’s customer online payday IN grievance database. ● DFC Global, Inc. ended up being sued by way of a general general general general public retirement investment regarding the grounds so it “misrepresented to investors that [1] it complied with federal government laws and guidance pertaining to reckless financing methods, and [2] that the business made ‘prudent,’ ‘conservative,’ and ‘responsible’ underwriting decisions when creating loans.”viii

We think these assets pose reputational, appropriate, regulatory and financial dangers, and that you’ve got a ethical and obligation that is fiduciary divest.

Ny is amongst the 15 states, plus D.C., where strong state usury regulations and enforcement efficiently ban payday lending. Brand brand brand brand New York’s usury legislation are among the list of strongest into the country, capping interest levels at 25% APR. Because of our ban, New Yorkers save about $790 million each year in feesix that payday loan providers and their ilk would otherwise siphon—an estimate that will not also add bank overdraft charges and other financial fallout from payday advances.

In states where in actuality the payday financing industry is allowed to use, individuals struggling to obtain from paycheck to paycheck are methodically targeted for high-cost loans they can’t pay for. Payday loan providers charge extortionate charges and shockingly high interest rates – typically between 300% and 400% APR. The payday financing company model is centered on loan-flipping, as borrowers typically must refinance or move over their loans – usually multiple times – ensnaring them in a long-lasting period of financial obligation. Studies have shown that communities of color are disproportionately targeted of these loans which are debt-trap

Inspite of the clear great things about banning payday loan providers along with other fringe financial services businesses have actually for a long time forced legislation in Albany that will legalize high-cost predatory lending in ny. Those efforts have now been beaten by way of advocacy that is tireless a statewide coalition of civil liberties, faith-based, work and community teams.

This season, lawmakers once once once once again reaffirmed brand brand brand New York’s longstanding dedication to maintaining payday advances away from our state by rejecting a few billsxi – supported by effective passions like brand brand brand brand New York’s check cashing industry and a California-based “fintech” corporation – that could have inflated brand brand brand brand brand New York’s usury rules and exposed the floodgates to predatory financing.

Meanwhile, at the time of financial 12 months 2016, the five new york retirement funds committed to at minimum six of this country’s largest payday and installment that is high-cost – money America Overseas, Inc., Enova Global, Inc., EZCORP, Inc., First Cash Financial solutions, Inc., Regional Management Corp., and World Acceptance Corp. – and had been spent greatly in Lone celebrity Fund VIII, a personal equity investment that has a few notorious predatory financing organizations, such as the payday financing giant, DFC worldwide.

These opportunities fly when confronted with brand brand brand brand New York’s groundbreaking and effective actions to help keep lending that is payday of our state. New York’s enforcement agencies, for instance, have actually cracked straight straight straight down on unlawful payday lending, issuing warnings to loan companies it was unlawful to gather on payday advances in Nyc; directing payday lenders to avoid making unlawful payday advances to Ny State residents; and contacting banking institutions and their re re payments processors to get rid of permitting payday loan providers to get into New Yorkers’ bank records. Ny has additionally acquired contract through the nationwide credit reporting agencies to stop reporting unlawful payday advances on New Yorkers’ credit file.

Nyc has made strides that are important financial equality and possibility recently. A year ago, as an example, the worker-led “Fight for $15” motion won a landmark enhance to your state’s minimal wage. And even though we now have so much more work ahead, bankrolling a business that methodically exploits employees, retirees, among others struggling getting by and strips wide range from low-income communities and communities of color threatens not just to undercut those gains – its an affront to ny values.

This past year, nj-new jersey, that also effortlessly bans payday lending, offered its pension investment assets in an exclusive equity fund that held Ace Cash Express, another regarding the nation’s biggest payday lenders.xii Commenting regarding the state’s divestment with this lending that is payday, the president for the nj-new jersey State Investment Council reported, “The bright line is what’s legal to complete and what’s perhaps maybe perhaps perhaps perhaps not appropriate doing into the state of New Jersey.”xiii The New York City pension funds should follow this same bright line and fully and permanently divest from payday lending companies at a minimum.

Please contact Andy Morrison at brand brand New Economy venture with concerns: 212-680-5100 x210.

Brooklyn-Wide Interagency Council on Aging (BWICA) academic Fund, Inc. Dēmos Fordham Law class Feerick Center for personal Justice good old fashioned Lower East Side (GOLES) Housing Court Answers, Inc. Housing and Family Services of better nyc, Inc. Los Angeles Fuerza Unida, Inc. LatinoJustice PRLDEF Lower East Side People’s FCU Mobilization for Justice, Inc. (previously MFY Services that is legal Center for Law and Economic Justice New Economy venture New Yorkers for Responsible Lending ny Legal Assistance Group NY StateWide Senior Action Council, Inc. NYU Law Students for Economic Justice The performing World

Groups delivered a letter that is similar NYS Comptroller Thomas P. DiNapoli regarding nyc State retirement funds.