addition, Carla does not have access to immediate sources of low-cost consumer credit,
such as a credit card or line of credit, largely the consequence of an impaired credit
history. Walking home from the garage, Carla's attention is caught by the banners
plastering the windows of a Money Mart location on Bloor Street in Toronto's west end,
advertising low-cost, hassle-free cash advances 'as easy as 1-2-3.' She decides to solicit
further information inside the store from a company representative. The representative
explains that Money Mart will advance her $300 for 14 days in exchange for a one-time
fee of $63, in cash, in as little as an hour. Carla opts to take the loan on the simple
assumption that deferring the cost of the car repairs is worth the one-time fee.
The credit transaction Carla has entered into is commonly referred to as a payday loan.
Payday loans are small, short-term cash advances offered at very high effective interest
rates to borrowers with impaired credit histories, that is borrowers who mainstream
financial institutions typically view as a high credit risk.
1
Borrowers can generally apply
for these loans either in person, at a payday lender's retail location, or over the Internet,
on a lender's website.
2
To qualify for a typical payday loan, a borrower need only hold
an active bank account and demonstrate proof of employment income; an up-to-date bank
statement and recent pay stub usually suffice.
3
If a prospective borrower satisfies these
criteria, lenders will cement the contractual deal by extending a loan on one date in
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1
Ronald J. Mann and Jim Hawkins, "Just Until Payday" (2007) 54 UCLA L. Rev. 855 at 857; Karen E.
Francis, "Rollover, Rollover: A Behavioral Law and Economic Analysis of the Payday-Loan Industry"
(2009-2010) 88 Tex. L. Rev. 611 at 611; Brian T. Melzer, "The Real Costs of Credit Access: Evidence from
the Payday Lending Market" (2011) 126 The Quarterly Journal of Economics 1 at 517; Jesse Bellam and
Aiden Talai, "Short-Term Emergency Lending: Examining Usury and Consumer Credit Protection Law in
the United States and Canada" (2012) 2 Western Journal of Legal Studies 1 at 1.
2
This latter option is only available in certain Canadian provinces, namely, Alberta, British Columbia,
Nova Scotia, Ontario and Saskatchewan.
3
See "Payday Loans", online: Money Mart <http://www.moneymart.ca>; "Short-Term Loans", online:
Cash Store Financial <http://www.csfinancial.ca>; "Payday Loans", online: Stop n' Cash
<http://www.stopncash.com>.