Payday lending in South Dakota underwent a major shift in 2016 when voters overwhelmingly approved a ballot resolution capping interest rates on short-term consumer loans at 36%. After the resolution, this guide examines how the payday loan landscape changed, essentially enacting a prohibition on payday loans in South Dakota as they were once known. It explores what the future may hold for payday lending in the state.

The Situation of Payday Loans in South Dakota Before 2016 Regulation

Before the 36% rate cap, borrowers often viewed payday loans in South Dakota as a solution for unexpected expenses. Borrowers used to consider these loans, providing a post-dated check as security; lenders structured the loans as two-week short-term loans. Lenders typically charged triple-digit interest rates, gearing their services towards even those seeking payday loans for bad credit. Unfortunately, many borrowers could not repay the full loan on time due to the stringent loan terms and steep finance charges, leading to a dangerous cycle of debt as their monthly payments snowballed.

Key facts about payday lending in South Dakota before 2016:

  • Lenders charged an average annual percentage rate (APR) of 574% on payday loans.
  • Borrowers took out ten payday loans annually, seeking often futile bad credit loans guaranteed approval.
  • 75% of payday lenders’ $81 million annual revenue came from borrowers caught in loan rollover cycles.

Payday lending stores were ubiquitous, with lenders aggressively marketing fast payday loans as cash advances and touting online application processes.

This system trapped many borrowers in spiraling debt as fees and interest piled up. Consumer advocates pushed for reform to protect vulnerable borrowers from predatory lending practices, citing a need for payday loan alternatives.

The 2016 Ballot Measure and Changes to South Dakota Payday Loan Laws

In 2016, South Dakota voters passed a ballot resolution to cap interest rates for short-term loans at 36% APR by an overwhelming 76% to 24% margin, signaling an end to the question, “Can you get online payday loans in South Dakota?”

A coalition of faith groups, veterans, retirees, and civil rights organizations championed the measure. Proponents argued that high-interest payday loans exploited the financially vulnerable and disrupted family financial stability, urging the need for no more payday loans in South Dakota.

Payday lenders vehemently opposed the rate cap, spending over $1 million on advertising, claiming it would cut off access to credit for low-income borrowers. But voters agreed reform was needed and overwhelmingly supported the measure, effectively rewriting the South Dakota payday loan laws.

The Impact on Online Payday Loans in South Dakota Post-2016 Cap

The introduction of a 36% rate cap significantly altered the financial landscape in South Dakota, particularly impacting businesses dealing with payday loans online in South Dakota. The cap rendered many payday loan providers unprofitable, effectively challenging their existing loan-type model that often came with a bad credit history toll on borrowers.

In the wake of the legislative change, all entities offering online payday loans in South Dakota shuttered their operations or exited the jurisdiction.

Statistics show a stark drop in physical outlets offering payday loans online in South Dakota, plummeting from more than 220 to an astonishing zero.

Consequently, the frequency and volume of instant approval payday loans plunged to non-existence as providers evacuated.

Nevertheless, other financial institutions promptly occupied the void left by payday lenders.:

Entities offering unsecured loans, such as installment loans, emerged, proposing credits up to $2000 with interest rates not exceeding 36%.

Post-resolution, these loan types saw a surge in issuance by reputable lenders, including credit unions.

An influx of new players, notably online lenders and credit access businesses, adeptly navigated the new regulation, ready to capitalize on the market under the established maximum loan term conditions.

While the storefront visage of payday lending essentially extinguished, alternative financial services managed to maintain their equilibrium. Skeptics had voiced concerns that the 36% cap would annihilate the provision of credit, yet the market predominantly transitioned from single-payment to multi-payment type of loan structures.

Enduring Popularity of the 36% Cap and Its Effect on Payday Loans Online in South Dakota

The 36% interest rate limit is a remarkably popular mandate among the South Dakota electorate. As observed in a 2019 survey:

  • A 75% majority of voters advocate upholding the 36% cap on loan types.
  • A mere 18% stand in favor of reversing the interest rate constraint.
  • The sentiment for firm interest rate regulation enjoys cross-partisan and cross-generational consensus.
  • Years after its enactment, the interest rate cap remains a favored policy. Citizens of South Dakota express collective contentment with the diminished prevalence of steep-rate payday lending within their state.

Concerns Over the Potential Return of No Credit Check Payday Lenders in South Dakota

Despite the prevailing caps, state administrators, alongside consumer advocates, harbor apprehensions about the resurgence of high-rate payday lending entities. Distinctively outlined factors fuel these worries:

Federal deregulation efforts pose a significant concern. The federal oversight pivot during the Trump era rolled back prior protective measures set during the Obama administration regarding payday and title loans. This policy alteration might pave the way for high-interest lenders to re-emerge in states with rate caps.

Legal challenges – The payday loan industry has immense resources and has indicated it will explore legal ways around state-level reforms. Court challenges could aim to undermine strong rate caps, potentially affecting auto title loanscash loans, and other high-risk loans.

Erosion of existing protections – There are worries that lobbyists may successfully press policymakers to weaken South Dakota laws further down the road, threatening same-day deposit advancements and facilitating cash advance loans to slip through. Advocates must remain vigilant against such changes that might negatively impact consumers seeking emergency loans.

While payday lending has declined drastically since 2016, officials recognize the industry is adept at morphing to skirt reforms. Careful monitoring is essential to uphold South Dakota’s strong pro-consumer stance on high-cost loans, safeguarding borrowers from entering loan agreements that could lead to bad credit outcomes.

Key Takeaways on South Dakota’s Payday Loan Laws and No More Payday Loans

In 2016, South Dakota voters passed a ballot resolution capping interest rates on short-term loans at 36% APR, leading to the demise of traditional payday lending operations.

The 36% rate cap successfully disrupted the payday loan debt trap. Still, it did not eliminate access to alternative credit, such as installment loans, while ensuring that access to maximum loan amounts was reasonable. 

Years later, South Dakotans across the political spectrum still find the interest rate limit very popular, and they see it as critical in maintaining the integrity of credit reports within the state.

However, there are concerns payday lenders may attempt to return through legal challenges or weaker protections, thereby re-entering the market with products like no credit check loans that can increase bad credit histories.

Ongoing oversight is crucial to preserve South Dakota’s robust consumer protections against predatory lending and to scrutinize loan offers and actions from the network of lenders.

Frequently Asked Questions: Can You Get Online Payday Loans in South Dakota with Bad Credit?

What was the average APR on payday loans in South Dakota before the rate cap?

The average APR on payday loans before the 2016 resolution was 574%, over 15 times higher than the current 36% cap, reflecting the exorbitant costs of cash loans before regulation.

Does South Dakota still allow any payday lending?

After the 2016 reforms, the authorities no longer permit single-payment payday lending with very high interest rates. Some installment lending still operates under the 36% APR limit, and customers might wonder, “Can you get online payday loans in South Dakota?” The answer is that these products are closely regulated to prevent high-risk loans.

Where did payday lenders get most of their revenue before 2016?

75% of revenue came from borrowers caught in cycles of loan rollovers rather than one-time borrowers. This debt trap was a major driver of reform efforts, indicating the importance of thorough credit checks and fair loan agreements.

How can someone needing immediate financial assistance get a small payday loan online without a credit check?

In the past, locations granting quick payday loans inundated South Dakota, but there has been a significant transformation since the introduction of the 36% rate limit. Now, individuals who need a payday loan immediately may be considering online options that offer no credit check payday loans guaranteed approval. Despite the reforms, 1-hour payday loans, no credit checks, and instant payday loans remain viable solutions for many.

Who played a crucial role in the reform to help consumers borrow money online safely?

The reform drive saw a mighty alliance of various groups aiming to make it possible for citizens to borrow money online at low-interest rates. This consortium included faith-based entities, veterans, the retired community, civil rights activists, and others advocating for a better structure where services like the best online payday loans could exist without predatory tactics.

How much did the opposition to personal loans with fair interest rates spend?

Despite the staunch opposition from potential lender groups who shelled out more than $1 million to derail the caps on rates for personal loans, their efforts were to no avail. Most voters saw beyond the flashy ads and upheld the fairness in lending.

Is there widespread backing for the low-interest old payday advance options today?

Undoubtedly, the sentiment for maintaining the 36% low-interest cap enjoys continued support, indicative of the widespread approval for reasonable payday advance terms. South Dakotans value a marketplace where one’s credit score doesn’t immediately disqualify them from accessing financial support.

What are the critical issues around the resurgence of quick loans and no credit check loans guaranteed approval?

Concern lingers around the re-emergence of high-cost, quick loans that skirt the current safeguards. Vigilance is paramount as there is always a demand for no credit check loans guaranteed approval. Shifting federal regulations, legal maneuvers from lenders, and the potential dilution of state-level protections pose significant worries that consumer advocates are keenly watching.

Conclusion: The Future of Same Day Payday Loans and Guaranteed Approval in South Dakota

The battle to rein in exploitative, instant cash loans in South Dakota underscores an issue of great significance. This vigilant and informed electorate has mostly closed the door on services like no denial payday loans and direct lenders only no credit check, manifesting their preference for fairness in the loan funds market. As a result, finding old payday loans online with same-day deposit deals with guaranteed approval remains a challenge within the reformed lending landscape of South Dakota. Ensuring these protections remain intact is crucial, as the desire for straightforward and instant payday loans persists, necessitating continuous regulatory monitoring to defend these hard-won victories for the consumers’ financial health.

Jason Rathman

Jason Rathman


Jason writes about all financial topics such as loans, debt solutions, and bankruptcy. He is an expert when it comes to subjects like APR, loan fine print, debt collection laws within the United States. With his in-depth knowledge of all things financial, he is a great asset to Greendayonline.