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Overview of the Obama Administration’s Proposed Consumer Financial Protection Agency

A proposal for improving our financial system An essential component of the Obama Administration's proposal for improving oversight of our financial system would correct the current lack of adequate consumer protection standards that has plagued our financial system, and imperiled our economy. A new Consumer Financial Products Agency ("CFPA") would implement sensible protections and make sure that companies follow them...

Payday Loans: A Stepping Stone to Debt, Reduced Credit Options and Bankruptcy

Industry arguments in support of payday lending hinge on one highly-flawed paper. Not only are there significant questions about the accuracy of that research, but it runs counter to the findings of many other studies. Paige Marta Skiba (Vanderbilt) and Jeremy Tobacman (U. of Pennsylvania), Do Payday Loans Cause Bankruptcy? http://tinyurl.com/skiba-tobacman-BK Using a database of 145,000 payday loan applicants from...

Interest Rate Disclosures Allow Apple-to-apple Comparisons, Protect Free Market Competition

Loan terms are often complex and may include a number of extra fees that make the real cost to the borrower difficult to decipher and difficult to compare across credit options. Congress developed the APR, or Annual Percentage Rate of Interest, as a standard measure that calculates the simple interest rate on an annual basis (including most fees), accounts for...

AB 377: Do Californians Need $500 Payday Loans?

Quick Facts on Payday Loan Amounts Nearly 80 percent of payday borrowers report that the amount they received was the amount they needed 90 percent of payday borrowers whose loan was insufficient didn't take out a new payday loan Borrowers whose loans were insufficient typically postponed purchases, did without and borrowed from friends and family A key provision of AB...

Payday Lending and the Debt Trap in California

Payday lending—the provision of 459% APR loans to cash-strapped borrowers—drains more than $450 million from California's pockets every year. Payday lending requires borrowers to supply a post-dated check as collateral and typically only their identification and proof of income to obtain a loan at nearly 459% APR. These loans are marketed as "emergency" loans for borrowers who are having a...

Stacked Deck: A Statistical Analysis of Forced Arbitration

"Stacked Deck" is a statistical analysis of outcomes in forced arbitration, also called mandatory arbitration or binding mandatory arbitration, that finds: Individual arbitrators have a strong incentive to favor the firms that provide them with repeat business over an individual consumer they may never see again. Companies win a favorable ruling in arbitration far more often than consumers. Companies involved...

Testimony of Kathleen Keest In Regards To HR 2309

Too often in the recent past, discussions over consumer protection regulation have been portrayed as a zero-sum game, where consumer protections are assumed to be a drag on the market, and must come at the expense of business. But that is a false dichotomy. Businesses have a symbiotic relationship with their customers. In the end, the health of the business...

H.R. 2309, the Consumer Credit and Debt Protection Act

In this testimony, we first discuss why we support eliminating what is functionally discrimination in the law against the FTC in its rule-making authority, compared to other agencies. Section I. We also support the Congressional guidance to the FTC to use the APA rule-making in the area of consumer credit and debt, which we recognize to be central to the...

Selective Interpretation? Top Credit Card Issuers Appear to Follow Own Rules.

CRL Offers Quick Snapshot of Recent Issuer Activity We took a quick sampling of credit card issuers' recent activities to see how they have responded to the Federal Reserve rule changes that were announced in December, 2008 but won't take effect until July, 2010. We found the top eight issuers, who account for 80 percent of credit card balances, are...

Soaring Spillover: Accelerating Foreclosures to Cost Neighbors $502 billion in 2009 alone; 69.5 million homes lose $7,200 on average

Cost Climbs to $1.9 trillion during 2009-2012, with 92 million homeowners losing $20,300 on average This is CRL's third report on the spillover impact of mortgage foreclosures. This new report is based on new CRL projections of 2.4 million foreclosures for all loans (not just subprime) in 2009, and 9.0 million during 2009-2012. This report also reflects a somewhat more...

Borrowed Time: RAL Usage Among EITC Recipients in Native Communities

The Earned Income Tax Credit (EITC), which supplements the earnings of low-to-moderate income working families, returns over $44 billion each year to these households and their communities and lifts approximately five million people above the poverty line. Unfortunately, paid tax preparers have weakened the economic impact of the EITC by over $600 million a year by offering Refund Anticipation Loans...

Car Trouble: Predatory Auto Loans Burden North Carolina Consumers

It's the rare car buyer who walks out of a dealership convinced they got the absolute best deal on their purchase. CRL researchers have closely scrutinized dubious car lending practices – using data derived from industry sources and results from a consumer survey – so that buyers might be better informed and get a fairer shake. "Car Trouble: Predatory Auto...

H.R. 1728, the Mortgage Reform and Anti-Predatory Lending Act of 2009

Congress has an opportunity to prevent another mortgage fiasco by passing stronger protections on home lending. Americans are clear about wanting more accountability throughout the lending chain: Two-thirds of voters surveyed said Wall Street should be accountable for buying loans that put borrowers at serious risk of foreclosure. And 84% believe mortgage brokers should have a legal responsibility to act...

Quick Facts on Overdraft Loans

These findings were obtained primarily from CRL research on overdraft loans. Total costs vs. funds extended: Total cost per year consumers pay in overdraft fees: $ 23.7 billion. Total funds extended by institutions to cover consumers' overdrafts: $ 21.3 billion. This means consumers had to repay $45 billion for $21.3 billion in very short-term credit. Mostly debit cards and small...

Interest Rate Survey

Survey confirms public support for cracking down on high-cost lending As Congress debates various financial reforms designed to revive the economy, the Center for Responsible Lending has conducted a national survey to measure public support for one strategy on the table: a 36 percent cap on annual interest rates for consumer loans. The survey found high levels of support for...

Key protections in H.R. 1456 - Consumer Overdraft Protection Fair Practices Act

Consumers are being hit with fees amounting to triple-digit interest rates on loans they did not ask for—and in many cases cannot afford—when they overdraw their bank accounts through checks, electronic transfers, debit card purchases, and ATM withdrawals. This is possible because the Federal Reserve Board has refused to close a loophole in the rules implementing the Truth in Lending...

Comments on Regulation E—Overdraft Practices

The Center for Responsible Lending, along with Consumer Action, Consumer Federation of America, Consumers Union, National Association of Consumer Advocates, National Consumer Law Center (on behalf of its low-income clients), and U.S. PIRG provide the following comments regarding the Federal Reserve Board's proposed rule to amend Regulation E pursuant to the Electronic Funds Transfer Act. Summary of recommendations: Revisit the...

Predatory Profiling

New CRL analysis finds that California's payday lenders overwhelmingly locate in African-American and Latino neighborhoods, even after controlling for income and other factors, draining $247 million in the process Payday loans trap working households in long-term debt at annual interest rates of over 400 percent. In California and elsewhere, African Americans and Latinos make up a disproportionate share of payday...

Predatory Profiling

New CRL analysis finds that California's payday lenders overwhelmingly locate in African-American and Latino neighborhoods, even after controlling for income and other factors, draining $247 million in the process Payday loans trap working households in long-term debt at annual interest rates of over 400 percent. In California and elsewhere, African Americans and Latinos make up a disproportionate share of payday...

Solutions to the Foreclosure Crisis

Allow qualified homeowners to restructure mortgages under court supervision (H.R. 1106/S. 61) Restore confidence in the housing market by strengthening mortgage lending practices and correcting perverse business incentives to make bad loans (H.R. 1728) Reduce tax burdens related to loan modifications that undermine foreclosure prevention Reduce or eliminate key obstacles to constructive loan modifications (S. 376) Increase modifications by providing...
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