Tag Archives: pay day lending

Under The Radar: Deregulation and Setting Up the Next Big Bank Debacle

If a person were thinking that the current administration, and those politicians in Nevada who espouse Trumpism, are dangerous in terms of health care insurance affordability, women’s’ health issues, and environmental sustainability — let me offer one more thing to worry about:  Financial deregulation.

Let’s start with the nomination of Brett Kavanaugh for a position on the US Supreme Court, this would be the self-same Kavanaugh who once ruled that the Consumer Financial Protection Bureau was “structurally unconstitutional.” [Politifact]  Please recall for a moment that one of the reasons for the CFPB’s creation was the propensity in some  retail banking circles to generate consumer indebtedness (which could in turn be used as the basis for derivatives) in ways that were definitely not beneficial to both the borrower and the lender.   We know one man’s debt is another man’s asset, but when the debt level becomes impossible and default becomes probable the derivatives become unstable.  This, as the saying goes, “ain’t rocket science.”  But wait! How do we know when things are likely to become unstable?  There’s supposed to be an agency for that, the Office of Financial Research.  However, the Trump nominee to head this agency would really rather eliminate it.

But the fact that this nomination is flying under the radar is not surprising. The OFR is arguably the most important piece of the Dodd-Frank Wall Street Reform and Consumer Protection Act that is never discussed. Despite its lack of public attention, the OFR’s crucial financial stability role demands a leader willing to aggressively execute its lofty mission. Unfortunately, President Trump’s nominee to lead the OFR is more likely to defang and defund the agency than to strengthen it. [AmBanker]

The American Banker explains further:

In the lead-up to the 2007-2008 crisis, financial regulatory agencies did not have a good grasp of how risks that were building across and outside of their specific jurisdictions could threaten financial stability. Regulators were not sharing sufficient data with one another and there were significant pockets of the financial sector where data was not available to any regulator. The Dodd-Frank Act sought to address this issue, in part, by creating the Office of Financial Research.

So, the budget was cut by 25% and the staffing levels by 38%.  This really isn’t conducive to sharing sufficient data and making data available to regulators.   If this is beginning to sound like telling the CDC it can’t investigate and collect data on gun violence in this country because then we might have more relevant statistics in order to understand the problems, that’s because it is.  So, let’s not collect data because then we’d find out things some folks would be happier if we didn’t know.

Then there are the more blatant attempts to roll back the Dodd Frank provisions, for example, see Investment News from last March.  On compliance teams from last May.  And, the JOBS Act 3.0 is just about a death knell for consumer protections, as of August 7 2018.

But wait yet again! There’s more.  There’s that matter of $1.4 trillion — that would be trillion with a T — in student debts in this country a larger portion of which Wells Fargo would really like to access. [Bloomberg] And, yes, this would be the same Wells Fargo which agreed on August 2, 2018 to pay out $2.09 billion in fines for a decade old mortgage loan scheme. [HuffPo]  This, while Secretary of Education, our Yacht Collecting Betsy DeVos, is proposing a rule which would cut student loan debt relief by some $13 billion. [LATimes]  [NYTimes]  So, if a person were scammed by, say, Corinthian, [WSJ] or The Fly By Night School of Urban Hang Gliding, or … Trump University [NBC] … good luck with that?

Did we take our eyes off the major players from the 2007-08 debacle?  Kindly review the “Malaysian Problem” re-emerging at Goldman Sachs.  Or, are we paying attention to what’s happening with a Goldman Sachs whistleblower case of possible wrongful termination which bubbles to the surface every so often? Stick a pin in the name Lars Windhorst for future reference? Why is Goldman Sachs moving jobs out of New York and into Utah? [BusinessInsider]  Cut costs? Yes, but why move back office compliance jobs to “remote” areas?

Then there’s the CFPB’s inexplicable turn to weakening the rules made with regard to loans made to members of the American Armed Forces. [NYT]  This reporting from NPR is pretty chilling:

“NPR has obtained documents that show the White House is proposing changes that critics say would leave service members vulnerable to getting ripped off when they buy cars. Separately, the administration is taking broader steps to roll back enforcement of the Military Lending Act.

The MLA is supposed to protect service members from predatory loans and financial products. But the White House appears willing to change the rules in a way that critics say would take away some of those protections.

“If the White House does this, it will be manipulating the Military Lending Act regulations at the behest of auto dealers and banks to try and make it easier to sell overpriced rip-off products to military service members,” says Christopher Peterson, a law professor at the University of Utah, who reviewed the documents.”

Bank deregulation didn’t work.  It didn’t work in the 1920s; it didn’t work in the 2000s; and, it’s not going to work now.  Notice, please, how when Republicans like Senator Dean Heller refer to Dodd Frank and other financial reform legislation they get vague and highly general. They speak of “onerous” regulator burdens, which are “job killing,” and don’t promote “free enterprise.”   These politicians need to be nailed down with specific questions, such as:

(1) Should the Federal Government collect data about banking trends and risk management and share this with relevant regulators?

(2) Should the Federal Government promote safe lending practices including the regulation of payday loans and similar loans made to members of the US Armed Forces?

(3) Should the Federal Government be taking a more critical look at the levels of student indebtedness, and at the accountability of the institutions offering student loans?

It’s hard to focus on some of the important news involving financial regulation, consumer protection, and other topics whilst we’re being fire-hosed with a daily inundation of surreptitious tapes, the latest cabinet level scandal du jour, and the musing of the misogynist in chief.  However, these are topics on which we should hold candidates accountable in November.

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Filed under banking, Economy, financial regulation, Politics

Heads Up Nevada, We Could Once More Join The Sand States

Heads up, Nevada!  There’s another storm on the horizon, and it’s not meteorological, nor is it related to the proliferation of high powered rifles and stockpiles of ammunition.  It has to do with a crisis we thought we’d withstood and overcome.

We were one of the Sand States eight years ago, those with massive development projects in which homes were constructed, mortgages were offered, and then sold into secondary markets to be sliced, diced, tranched, and manipulated into financial products in the Wall Street Casino.  We know what happened next.  The investment banking sector collapsed, the financial markets were in ruins, and Nevadans felt the aftermath with unconscionable unemployment levels and lost income.

The response was the Dodd Frank Act, a set of regulations to control the excesses of the Wall Street Casino and investment banking practices.  The first major assault came from the House of Representatives last June:

“The House legislation, called the Financial Choice Act, would undo or scale back much of Dodd-Frank. The bill was approved 233 to 186. All but one Republican — Walter Jones of North Carolina — voted for the bill. No Democrats supported it.

Its major changes include repealing the trading restrictions, known as the Volcker Rule, and scrapping the liquidation authority in favor of enhanced bankruptcy provisions designed to eliminate any chance taxpayers would be on the hook if a major financial firm collapsed.

The bill also would repeal a new Labor Department regulation, largely still pending, that requires investment brokers who handle retirement funds to put their clients’ interests ahead of their own compensation, company profits or other factors.”

Representative Mark Amodei voted in favor of this bill, HR 10, on June 8, 2017.   What Representative Amodei voted for was to allow banks to play in the stock market with depositors money (remember deposits are guaranteed up to $250,000) and to allow financial advisers to recommend products to their customers which are not necessarily to the advantage of their retired clients, but which may happily enhance the financial advisers’ bottom lines.   In light of what happened to this Sand State in 2007-2008 Nevadans should be especially concerned about this.  But, wait, there’s more

Remember that one of the major problems for working Americans, Nevadans included, was the burden of pay-day lending?  The Consumer Financial Protection Bureau, created by the Dodd Frank Act, is seeking to limit the negative impact of some of the more egregious practices in this sector of the banking industry.  Now the Comptroller of the Currency has another idea, publicized on October 5th:

“…the Office of the Comptroller of the Currency surprised the financial services world by making its own move—rescinding guidance that made it more difficult for banks to offer a payday-like product called deposit advance.”

Lovely, so now banks can “offer” those insidious high rate pay-day loans, only changing the name to “deposit advance,” and consumer will be right back on the hook.  At almost the same time as the CFPB issued a rule preventing pay day lenders from handing out loans without reviewing a customer’s capacity to repay the loans, the bankers get the green light to hand out “deposit advances.”

There is one bill in the US Senate which does offer some improvements on Dodd Frank, Senator Claire McCaskill (D-MO) and Senator David Perdue (R-GA) have introduced a bill to address some of the problems for community banks.  There are more reasons to support this legislation than to oppose it, but beware of the rationalizations and gamesmanship.

Those who want to eliminate the CFPB, gut its authority, or toss the Dodd Frank Act altogether may wish to convince us that (1) the entire act needs to be repealed to “enhance the free market,” or some other euphemism for re-opening the Wall Street Casino, (2) the CFPB places “burdensome” regulations on those pay day lenders who (bless their hearts) are only trying to provide more “options” for consumers.   This isn’t the most interesting or engaging story of the moment, but it is an issue Nevadans would do well to follow very closely.

We don’t need to be ground into the sand again.

 

 

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Filed under Amodei, Economy, financial regulation, Nevada, Nevada economy, Politics

You Aren’t Seeing Double, House GOP tries again to block DoD predatory lending rules

Pay Day Lending Shark We don’t really pay members of our Armed Forces all that much.  A quick visit to the Defense Department’s finance section shows that a recent enlisted person (2 years or less) gets $1,546.83 in basic pay. A person at E5 status can expect $2,202.90 per month.  Twenty years of service topping out at the E9 category yields $5,730.41 in basic pay.  Those rare souls who last 40 years are looking at $7584.60. There are some added bonuses – not exactly extraordinary – for clothing allowances,  there are also allowances for hardship duty pay, assignment incentive pay, and hazardous duty incentive pay (as if the whole idea of being in the military weren’t intrinsically hazardous).  There are retention bonuses for medical, dental, and veterinary personnel.  Proficiency in foreign languages will also merit some extra pay.  But, no matter how many times the figures are totaled the pay still doesn’t place any member of the services in the lap of luxury; not anywhere close.

This is why the following bit of news is especially disturbing:

“The military has been grappling with the financial impact of predatory lending on service members for years. In 2006, Congress passed legislation cracking down on some forms of high-interest credit, particularly payday lending. Lenders responded by exploiting loopholes in the law, and late last year, the Department of Defense proposed a new set of regulations designed to curb these creative workarounds that target troops.”  [HuffPo]

Worse still, this is the second time the House Republicans have tried to block the Department of Defense efforts to control predatory lending to military members and their immediate families.

“Republicans have been working to kill those regulations before they can take effect. This week, Rep. Steve Stivers (R-Ohio) will offer legislation that would block DOD from finalizing its rules until a host of unrealistic technical certifications could be made for a database of active-duty military members. The House will vote on Stivers’ plan as an amendment to the National Defense Authorization Act, a major bill that establishes military funding.” [HuffPo]

Why all this effort to block Defense Department rules meant to contain the scourge of predatory lending to members of our Armed Forces?  And, why all the GOP fussing about the Consumer Finance Protection Bureau?  One example unearthed by the CFPB in its report on predatory loans to military personnel may serve to illustrate the issue:

“A lender licensed under the Illinois Consumer Installment Loan Act extended an auto title loan to the spouse of a servicemember at an APR of 300 percent. For the 12-month contract term, the $2,575 loan, including a $95 lien fee, carried a finance charge of $5,720.24. The loan agreement provided the lender with a security interest in the borrower’s vehicle and contained a binding arbitration agreement. Although the Military Lending Act prohibits lenders from taking a non-purchase money security interest in the vehicle of a borrower covered by the law, charging a rate of interest in excess of 36 percent, and requiring covered borrowers to submit to arbitration, the auto title loan in Illinois was not subject to the protections of the Military Lending Act because it had a duration longer than 181 days.” [CFPB pdf]

And there’s another loop hole for the predatory lenders demonstrated by this example:

“An internet-based lender located offshore that targets military borrowers through their marketing extended to a servicemember a line of credit with an APR of 584 percent. In addition to the stated finance charge, the lender charged a “credit access fee” and a “transfer fee” for each draw on the $1,447 credit line. The contract provided the lender with authorization to debit the borrower’s bank account for the minimum payment due each payment period. This loan made to a borrower in Delaware was not subject to the protections of the Military Lending Act because it was structured as an open-end line of credit.”  [CFPB pdf]

There were more, equally egregious, examples provided by the Consumer Financial Protection Bureau report.

Representative Stivers has been the beneficiary of $42,500 in campaign contributions from pay day and predatory lenders.  Rep. Jeb Hensarling (R-TX) took in $65,500; Rep. Kevin Yoder (R-KS) received $53,257; Rep. Patrick McHenry (R-NC) received $41,200; and Rep. Kevin McCarthy (R-CA) received $32,500. [OPSecrets]  Rep. Joe Heck (R-NV) received $6,700 in donations from pay day and predatory lenders. [OPSecrets] Predatory lending accounted for $190,150 in contributions to Democrats, and $748,585 in donations to Republicans in Congress. [OPSecrets]

However, no matter how generous the donation, there is no ethical or moral way to justify blocking protections for members of the U.S. Armed Forces from the practices mentioned above on the part of predatory lenders.  The White House was quick to respond:

“On Monday, in response to reporters’ questions, White House spokesman Josh Earnest called the potential addition to the annual authorization bill a significant concern for President Obama.

“It’s almost too difficult to believe that you’d have a member of Congress looking to carry water for the payday loan industry, and allow them to continue to target in a predatory fashion military families who in many cases are already in a vulnerable financial state,” he said.

Earnest said he “can’t imagine (the amendment) earning the majority support in the United States Congress.” [MilitaryTimes] [The Hill]

Representative Joe Heck (R-NV3) didn’t cover himself in glory the last time this subject emerged [Desert Beacon] one can only hope he’s seen the light since and will oppose the Stiver’s Amendment.  At best he can avoid some of the more lame excuses offered by the proponents of this amendment.

Stivers is anxious to tell everyone that he was a member of the military for 30 years – so he cares!  And that the Obama Administration doesn’t have a good track record of getting systems going on  ‘day one’ noting the computer problems with the health insurance rollout. [TheHill]  The “I care” argument is specious if not associated with legislation the intent of which is to protect those about whom one “cares.”  Secondly, it is a rare policy indeed which works perfectly the first day – in the public or private sector. in this instance the Representative is making the Perfect the enemy of the Good.

There’s another excuse which needs rehabilitation: “Rep. Mike Conaway (R-Texas) added, “I would quickly point that there are always unintended consequences,” citing concerns of “drying up sources of credit for folks at  the bottom end of the economic scale.” [TheHill] “Concerned” is getting to be one of the words commonly connected to opposition to any policy or legislation which might help someone.  The question is: Are you more concerned about payday lenders being forced to shave a bit from their profits than about enlisted personnel and young officers being shaved by the pay day lenders?

As for pay day lending drying up any time soon, probably not.  In March 2013 the Washington Post reported on some big banks who were treading into the shark pool of pay day lending.  By April 2013 the FDIC and the Comptroller of the Currency were looking at the banks’ payday lending practices. [NYT]  The spotlight must have been a bit too bright because by January 2014 the larger banks were dropping the pay day loans and trying to find options which “fit within current regulatory expectations.” [CNNMoney]  However, the banks were still selling account data to pay day lenders until January 21, 2015. [Bloomberg]  And, nothing prevents the major banks from financing the operations of “independent” pay day lenders. [ConsAffairs]

While the big banks may have scurried back out of the light, the payday lending industry continues along,

“Currently, there are about 22,000 storefront payday loan stores nationwide, according to the Consumer Federation of America in Washington, D.C. On average, the industry makes $40 billion in loans and collects $6 billion in finance charges from borrowers each year.” [Bankrate]

There are alternatives.  For example: (1) Credit Union loans; (2) Small bank loans; (3) Credit Counseling assistance; and (4) options like credit card advances and credit negotiations. [Bankrate]   Representatives Heck, Stivers, and Conway would be better advised to promote the efforts of the Services to provide credit counseling and information to members of the military and their families.  The Army Community Service offers a Financial Readiness Program for those who need basic financial information and education.  The U.S. Navy offers training in Personal Financial Management.  The Air Force has its own Financial Readiness Program, and the Navy and Marine Corps oversees a Relief Fund for urgent financial needs along with caseworkers to assist personnel.

Promoting financial education, and providing services for urgent and emergency needs is a far better way of assisting our service members than protecting the pay day lenders who extend usurious loans to those who are at the “bottom end of the economic scale.”

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Filed under Defense Department, Military pay, Republicans, troop pay

An Amen Chorus: Nevada Doesn’t Need H.R. 6139

Nor does any other state!  H.R. 6139 is a bill in the U.S. House of Representatives which would give predatory lenders all the latitude they need to put consumers on a debt treadmill at infinite cost to the consumer and almost limitless benefit to the lenders.  How this directly affects very real Nevadans is the topic of a MUST READ article by J. Patrick Coolican in the Las Vegas Sun.

After cringing at the descriptions in the article about what predatory lenders do to desperate customers, more gasps might be in order as we look deeper into what the bill would actually DO.

The Congressional Research Service summarizes part one of the bill:

“Requires a qualified nondepository creditor seeking a federal charter to submit an application which includes in part: (1) a business plan for at least a three-year period with its primary business activities serving underserved consumers and small businesses; (2) a market demand forecast, the intended customer base, competition, economic conditions, financial projections, and business risks; (3) a marketing plan that describes the types of financial products or services such creditor intends to offer; and (4) adequate capital structure.” (emphasis added)

Those two words, “federal charter,”  are the crucial part of the matter.  H.R. 6139 would allow predatory lenders to fall under the jurisdiction of the Comptroller of the Currency — the agency that supervises federally chartered banks.

What’s missing? State consumer protection laws — which the newly minted “federally chartered” lenders could circumvent by shuttling under the OCC jurisdiction.   Nevada has placed restrictions on predatory lending under the provisions of NRS 604A since 2007.  Section  NRS 604A.420 should be of additional interest: It prevents predatory lending to members of our Armed Forces, which would include Creech AFB in Indian Springs, NV; Nellis AFB in Clark County, and the Fallon Naval Air Station.   The state provisions define “high interest lending,” and prohibit making loans which amount to more than 25% of the individual’s gross monthly income.

By allowing the predatory lenders to slither under the OCC umbrella the bill would also protect them from oversight by the Consumer Financial Protection Bureau.

In its “Snapshot Report,” October 10, 2012 (pdf) the CFPB summarized the complaints it has received in regard to banking practices:

“Approximately 10,300 (86 percent) of bank account and service complaints have been sent by Consumer Response to companies for review and response. The remaining bank account and service complaints have been referred to other regulatory agencies (11 percent), found to be incomplete (3 percent), or are pending with the consumer or the CFPB (5 percent). Companies have already responded to approximately 9,800 complaints or 95 percent of the complaints sent to them for response. The median amount of monetary relief reported was approximately $105 for the approximately 2,500 bank account and service complaints where companies reported relief. Consumers have disputed approximately 1,900 company responses (20 percent) to bank account and service complaints.”

Thus we have a relatively new agency which has already received and processed some 10,300 consumer complaints, 1,900 of which are still unresolved.  This doesn’t sound like all the lending industry members are yet practicing “safe lending.”

The second major section of the bill is summarized by the CRS as follows:

“Directs the Comptroller to: (1) ensure that Credit Corporations focus their business operations primarily on providing underserved consumers a variety of affordable and commercially viable financial products or services, including some that facilitate personal savings and enhance the credit record of such consumers; (2) facilitate business partnerships among Credit Corporations, insured depository institutions, other nondepository creditors, third-party service providers and vendors, and nonprofit organizations in order to ensure greater credit access for underserved consumers and small businesses; and (3) examine and supervise the Credit Corporations.” (emphasis added)

Who are those “underserved consumers?” Many of them, as reported by Mr. Coolican, are in Nevada:

“Nevada leads the nation in the percentage of residents who are “underbanked” — meaning they have some sort of bank account but also resort to high-interest loans from nontraditional lenders to make ends meet. In theory, a borrower uses these services to tide him or her over until the next paycheck because he or she doesn’t have access to a bank loan or credit card. One-third of Las Vegas Valley residents use these services.” (emphasis added)

Riding the tide until the next paycheck could be a problem for those who would be at risk of being “sold” a pay day loan greater than 25% of their gross monthly income should that protection by the State of Nevada no longer be available to them.  Nor could these “underbanked” individuals and families count on the State to protect them from pay day lenders who want to issue multiple loans.

And Nevadans aren’t alone, although 7.5% of Nevada households are unbanked, and another 31.2% are underbanked.  This, as Coolican notes, puts  us in the Dubious Category of Number One in the Nation in underbanked persons.  [FDIC pdf]  8.2 percent of US households are unbanked. This represents 1 in 12 households in the nation, or nearly 10 million in total.  20.1 percent of US households are underbanked. This represents one in five households, or 24 million households with 51 million adults. [FDIC pdf]  Which brings us to the part of the bill which is supposed to make us feel better.

“Requires Credit Corporations to make available to each consumer to whom a financial product or service is being offered: (1) information on how a consumer may obtain financial counseling services, the benefits of following a regular personal savings program, and how consumers can improve their credit ratings; (2) disclose clearly and conspicuously in the loan agreement the true cost of the loan, including all interest, fees, and loan related charges; and (3) offer an underserved consumer who is unable to repay an extension of credit with a loan repayment term of less than 120 days, an extended repayment plan, at no cost to the consumer, at least once in a 12-month period.”  [CRS]

Not. So. Fast.  The Center for Responsible Lending research found that —

“Although marketed and advertised as a quick solution to an occasional financial shortfall, the actual experience of payday loan borrowers reveals there is nothing quick about the loan except its small principal. According to new CRL research that tracked about 11,000 payday borrowers over two years, many borrowers remained indebted for the 24 months that followed their initial loan.”

The lending isn’t quick, it isn’t inexpensive (with rates up to about 400%), and it is borderline pathological.   Credit counseling is fine — depending upon who does the counseling.  Even adequate credit counseling should put off the borrower from even considering a pay day loan.  Disclosing the true cost of the loan is fine — but it may very well NOT prevent the individual from taking on more debt in subsequent transactions.  Further, an extended re-payment plan for one loan does nothing to ease the pain of the subsequent ones.

There is one more thing we should notice about H.R 6139 — the enthusiasm for placing the predatory lenders under the jurisdiction of the OCC (which doesn’t want it).

Why?  Because the Consumer Financial Protection Bureau is tasked with handling consumer complaints about predatory lending practices, and has a special section dealing with the issues affecting military families and their  lending or home ownership issues.   AND because the Federal Deposit Insurance Corporation created the Division  of Depositor and Consumer Protection in August 2010.

“The establishment of a new division dedicated to depositor and consumer protection will provide increased visibility to the FDIC’s compliance examination and enforcement program. That program ensures that banks comply with a myriad of consumer protection and fair lending statutes and regulations. While Congress established the new bureau to promulgate consumer protection rules, the FDIC maintains the responsibility to enforce those rules for banks with $10 billion or less in assets and to perform its traditional depositor protection function.” (emphasis added)

And, there we have it. The FDIC has a new initiative to regulate the activities of lending institutions under its jurisdiction to curtail predatory lending practices, and the CFPB is tasked with restraining predatory lending practices, so … the only regulatory agency remaining would be the Office of the Comptroller of the Currency which oversees nationally chartered banking institutions.

The bill now sits in the House Subcommittee on Financial Institutions and Consumer Credit to which it was referred on October 1, 2012.  It should stay there.  Forever. And ever. Amen.

 

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Filed under Economy, financial regulation, Nevada economy, Nevada politics