Policymakers would be wise to consider gender and other contextual factors in determining lending policy. Context matters. Empirical research *100 aids policymakers in crafting regulations to proactively perform their functions, instead of simply acting to "clean up" in a reactionary way. Furthermore, all exchanges, including loan contracts, have relational and social aspects that influence individuals' choices and behaviors. This Article thus invites policymakers to consider gender among the many contextual factors in creating policies and programs to address the perils of payday lending.


 Professor of Law, University of Colorado School of Law.