How Does Legal Enforceability Affect Consumer Lending? Evidence from a Natural Experiment

Details

Author(s):
Publish Date:
November 30, 2017
Publication Title:
Journal of Law and Economics
Format:
Journal Article Volume 60 Page(s) 673-712
Citation(s):
  • Colleen Honigsberg, Robert J. Jackson, Jr. & Richard Squire, How Does Legal Enforceability Affect Consumer Lending? Evidence from a Natural Experiment, 60 Journal of Law and Economics 673 (2017).
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Abstract

We use a natural experiment—an unexpected judicial decision—to study how the enforceability of debt contracts affects consumer lending. In May 2015, a federal court unexpectedly held that the usury statutes of three states—Connecticut, New York, and Vermont—applied to certain loans that market participants had assumed were exempt from those statutes. The case introduced substantial uncertainty about whether borrowers affected by the decision were under any legal obligation to repay principal or interest on their loans. Using proprietary data from three marketplace-lending platforms, we use a difference-in-differences design to study the decision’s effects. We find no evidence that borrowers defaulted strategically as a result of the decision. However, the decision reduced credit availability for higher-risk borrowers in affected states. Secondary-market data indicate that the price of notes backed by above-usury loans issued to borrowers in affected states declined, particularly when those borrowers were late on their payments.