DOI: 10.14457/tu.the.2024.372
title: Personal loan interest rate regulations and consumer protection: a comparative study of Thailand, the US and Singapore laws

description: Personal loans have always been a cornerstone in financial systems throughout history. Personal loans often serve as a lifeline for individuals seeking to address their illiquidity, plugging unforeseeable expenses, seize investment opportunities or address income gaps. However, in today’s world, the availability and access of these personal loans often come with a hidden cost - high-interest rates. Such hidden costs are highly prevalent for low-income or vulnerable individuals seeking personal loans. As such, high-interest rates in personal loan markets raise significant concerns regarding consumer protection and financial well-being. Although personal loans offer individuals vital access to additional credit to facilitate their needs, exorbitant and predatory interest rates often subject borrowers, in particular, those within the lower-income brackets and vulnerable groups to perpetual and crippling debt cycles. In Thailand, the United States, and Singapore, key distinct legal and regulatory frameworks contrive to address these critical issues, yet challenges persist or remain unentangled, especially in Thailand. In Thailand, the lack of an informed guideline, legal loopholes, varying questionable enforcement mechanisms, and the lack of uniform policymaking impede the effective resolution of the high-interest rate problem and the prevention of individuals from obtaining predatory lending, all of which leads to the question of how these high-interest rates or predatory lending practices are allowed to exist and when such a cycle of vicious lending may end.Therefore, this independent study aims to determine the impact of such allowance of high-interest rates and predatory lending in personal loans, the extent to which current legal frameworks mitigate such practices and protect consumers, emphasizing on a comparative analysis of legal frameworks and approach of Thailand, the United States and Singapore. This independent study shall further examine the legal factors and reasoning contributing to persistently high interest rates on personal loans, explore how these factors fuel debt traps across socioeconomic strata in particular low-income groups, and evaluate whether the existing legal frameworks sufficiently prevent or mitigate predatory lending practices—and providing policy reforms and recommendations to counteract predatory lending in Thailand.To address these objectives, the study shall first review the fundamental characteristics of personal loans, the structure and mechanism of credit-lending markets, and the enforcement mechanisms of relevant legislative frameworks in Thailand, the United States and Singapore. Via analysing case precedents and studies, regulatory benchmarks, and scholarly discussions, the study aims to assess the impact of these frameworks on consumer/borrower protection, particularly their role in preventing debt traps and ensuring fair lending practices across the board. Particularly, this analysis aims to compare the relationship between regulatory measures such as consumer financial education and interest rate caps, evaluating their effectiveness in mitigating predatory lending practices. Eventually, by comparing the legislative approaches of the United States and Singapore, the study aims to identify best course of action for and highlight gaps within Thailand’s lending framework.Conclusively, this study aims to propose a set of legal and policy interventions designed to protect consumers without overburdening or impeding financial market efficiency in Thailand. This study aims to consider the perspectives of regulators, financial institutions, and consumers to accurately evaluate the potential advantages and disadvantages of incorporating legislation and models from either the United States or Singapore into Thailand.