The comment period on the proposed CFPB rules closed on Oct. 7, with hundreds of thousands of comments filed. An exact number is difficult to obtain, since the totals reflect only those that have been publicly posted.

At the same time, the CFPB is facing another problem. A Washington appellate court has ruled that the agency's organization is unconstitutional, since it is headed by a director with little accountability.

It's clear that thousands of the payday comments on both sides were generated by campaigns mounted by organizations with an interest in how the rules are written.

Groups such as the Community Financial Services Association of America, a trade group representing payday lenders, have sections on their websites with direct links that allow customers to comment on the rules.

Some of the letters written by credit unions are virtually identical — a sign that a form letter had been circulated in the credit union community.

The letter states that the rules would drive credit unions out of the short-term lending business and asks that credit unions be exempt from the final regulations. Those comments echo those of the NCUA, which also said that it, and not the CFPB, should be responsible for supervising short-term loans made by credit unions.

In issuing the rules in June, the CFPB said that the regulations were needed to rein in the abuses by payday lenders, following widespread and well-publicized reports of industry abuses.

The agency defined a payday loan as a short-term loan that is typically due on the borrower's next payday. Borrowers are typically required to give lenders access to a checking account or write a post-dated check for the full balance. The loan's cost may range from $10 to $30 for every $100 borrowed and sometimes carries an APR of almost 400%.

Through its payday alternative program, the NCUA permits federal credit unions to charge an interest rate of 1,000 basis points above the maximum interest rate established by the NCUA board and an application fee of not more than $20. The loan would need to be structured with a term of 46 days to six months, with substantially equal and amortizing payments due at regular intervals and no prepayment penalty. The minimum loan size would be $200 and the maximum would be $1,000.

Some groups said the CFPB rules were welcome, but should do more.

The San Mateo Labor Council in California provides groceries and direct hardship assistance to families, Executive Secretary Julie Lind Rupp told the CFPB. Payday loans hamper the council's efforts, she added.

“Predatory payday loans, vehicle title and high cost installment loans sabotage our best efforts at securing economic stability for workers and families in our county,” she wrote.

She — and many others — recommended that the final rules close a loophole she said would allow six, 400% APR payday loans to be made without any evaluation of a borrower's ability to repay the money.

In addition, she said, longer term loans with high origination fees should be included in the ability-to-pay evaluation and the rules should prohibit the flipping of borrowers from one loan to another.

The Homeless and Housing Coalition of Kentucky echoed those sentiments.

“The typical payday borrower is unable to repay so quickly, and ends up taking out a second loan to repay the first, with additional fees,” the group's executive director, Curtis Stauffer, told the CFPB.

Stauffer said his organization has pushed for a state law that would reduce the interest rate of payday loans to 36% on an annualized basis. Those efforts have not been successful.

“The proposed rule would generally move Kentucky toward the ultimate goal of safe and just lending by requiring the lender to determine the borrower's ability to repay,” according to Stauffer.

He added that any final rule should make all loans subject to an ability-to-pay test and should stiffen other requirements in the proposed regulations.

The Coalition on Homelessness and Housing in nearby Ohio also threw its support behind stricter rules.

“The draft rules are a good start, but given payday and car title lenders demonstrated propensity to exploit unintentional loopholes to undermine the spirit and the letter of the law, we urge you to eliminate weaknesses in the final regulations,” Executive Director Bill Faith wrote. “Stringent CFPB rules have the potential to finally put a stop to unaffordable loans that siphon off so much of borrowers wages that they often have too little left over to pay the rent or mortgage.”