|
June 21, 2007

Predatory Lending Resolution to be Considered Next Week
AFSA Staff Attend Mortgage Disclosure Workshop
AFSA Submits New Jersey Privacy Comment Letter

GE Money Teams up With eBay to Introduce eBay MasterCard
Kimmel Center & Citi Announce Five-Year Strategic Partnership to Support Performing Arts in Philadelphia
Wells Fargo Joins National Black MBA Association (NBMBAA) to Recognize Entrepreneurial Excellence


Wal-Mart Finds a Back Door Into Banking
Plastic Replaces Pocket Change
Credit Card Disclosures Under Fed Scrutiny
Forget Checks: Employers Turn to Paycards

Fed Meets Housing Activists Amid Loan Oversight Criticism
Senate Bill Takes Aim at Mortgage Fraud
Nonbinding? Resolution in House Still Strikes Fear
Bill to Simplify Mortgage Disclosures
Md. Task Force to Tackle Home Foreclosures, Predatory Lending

US Senate Panel Backs Student Lender Subsidy Cuts
FDIC Guidelines on Small-Dollar Loans
Underbanked: Beyond Basics

While Some Shy Away, Subprime Auto Lending Still Big Biz
Governor Signs Into Law Consumer Protections on Financial Services
Maryland Court of Appeals OKs Late Fees Above State Cap
Even Act of Congress Isn't Helping Fix Credit

Predatory Lending Resolution to be Considered Next Week
The House Financial Services Committee has slated June 26 to consider H. Con Resolution 127 introduced by Rep. Elijah Cummings (D-MD). The resolution is non-binding but creates a sense that Congress intends to move legislation to address predatory lending in the mortgage sector. The resolution is based in large part on claims by consumer advocates regarding racial disparity in access to credit. In addition, the resolution uses information from the Center for Responsible Lending asserting that 2.2 million homeowners will go into foreclosure.
The Senate is unlikely to take up a non-binding resolution as Congress struggles to finish the appropriations process to fund the federal government this summer. However, House passage of the resolution in its current form would increase pressure for the House to move a predatory lending bill. AFSA is working with several Financial Services Committee Members to amend the resolution to reflect the work that industry has undertaken with regulators, non-profit community groups and investors to mitigate foreclosure activity, assist borrowers facing interest rate resets on adjustable-rate mortgages and tighten underwriting standards.
Back to Top
AFSA Staff Attend Mortgage Disclosure Workshop
AFSA staff attended a conference at the American Enterprise Institute for Public Policy Research (AEI) on Friday, June 15th. The conference, entitled Improving Mortgage Disclosure, opened with a keynote address by Congressman Patrick McHenry (R-NC), who serves on the House Financial Services Committee. Congressman McHenry spoke about the legislation that he and Congressman Al Green (D-TX) are drafting to amend RESPA to mandate a one-page mortgage disclosure based on the disclosure created by Alex Pollock.
Mr. Pollock, a resident fellow at AEI, was the moderator of the panel, which included Kurt Pfotenhauer (Mortgage Bankers Association), John Allison (Mississippi Department of Banking and Consumer Finance), and Christopher Cruise (National Association of Responsible Loan Officers). All of the panelists supported Mr. Pollock’s mortgage disclosure, which can be found at: www.aei.org/publications/pubID.26179/pub_detail.asp
Back to Top
AFSA Submits New Jersey Privacy Comment Letter
While AFSA supports the intent of New Jersey’s proposed regulations to improve levels of security relating to private personal data, the rules themselves present “something of a dilemma” for the association’s members, said Danielle Fagre Arlowe, AFSA’s Senior Vice President of State Government Affairs in a June 15th comment letter submitted to the New Jersey Division of Consumer Affairs.
In particular, AFSA is concerned that the rules would actually hinder the development and adoption of improved information security programs, both now and in the future. “Furthermore, the rules would impose requirements that differ from those seen in other states and go beyond that which is required by federal law,” wrote Fagre Arlowe. “The nature of AFSA’s membership, which encompasses a number of large, multi-state lenders, means that AFSA cannot support a unilateral initiative by the state of New Jersey that would put its regulations out-of-step with the rest of the country.”
Back to Top

GE Money Teams up With eBay to Introduce eBay MasterCard
Business Wire (06/15/07)
GE Money has announced the launch of the eBay MasterCard, an expansion of its partnership with eBay. The card will be available to customers in late June. eBay MasterCard customers will accrue one reward point for every $1 they spend. Points are redeemable for shipping discounts and vouchers that can be used to shop on eBay or to pay eBay seller fees. The card is a good fit with PayPal, because customers can view their account activity within their existing PayPal account. Further benefits include zero percent liability for unauthorized purchases, around-the-clock customer service, and no annual fee. GE Money Bank will issue the card and provide customer service, billing, and credit management. "The eBay MasterCard is another great extension of the partnership we've built with eBay and PayPal over the past few years to offer rewards, security, and convenience for their customers," said Margaret Keane, president and CEO of GE Money's Retail Consumer Finance unit. "With the eBay MasterCard, shoppers can apply and buy with an instant online credit process. As with PayPal Plus, there's no waiting for a card to arrive in the mail before making your eBay purchases."
Back to Top
Kimmel Center & Citi Announce Five-Year Strategic Partnership to Support Performing Arts in Philadelphia
Citibank News Release (06/18/07)
Citi and the Philadelphia-based nonprofit Kimmel Center Inc., which runs a leading performing arts center that serves a wide regional audience, announced on June 18 a long-term venture to tout the ideals and programming of Kimmel. Through the venture, Citi will be the presenting sponsor for the coming five performance seasons of the Kimmel Center Presents and Cadillac Broadway Series, and have significant logo placement in the Kimmel Center and on its marketing items, including print and Web content. In addition, the two entities will conduct joint marketing events, which will promote Citi's expansion efforts in Philadelphia and permit the Kimmel Center to widen its scope. The venture will also offer advantages to patrons of all of Citi's divisions, including Citi Cards, due to it being the preferred and authorized credit card for the Kimmel Center's programs. Citi has over 1 million customers in the Philadelphia region. In 2006, Citibank launched its initial retail brand in the region, and it currently has five financial centers in the greater Philadelphia area. "The arts positively impact communities and people throughout Pennsylvania," proclaimed Pennsylvania Gov. Edward G. Rendell. "This partnership between the Kimmel Center and Citi, two world-class organizations, increases the visibility of our state and its cultural assets."
Back to Top
Wells Fargo Joins National Black MBA Association (NBMBAA) to Recognize Entrepreneurial Excellence
Wells Fargo News Release (06/15/07)
Wells Fargo & Co. and the National Black MBA Association (NBMBAA) have partnered to honor outstanding African-American entrepreneurs with the NBMBAA/Wells Fargo Entrepreneur Excellence Award. The award will recognize leaders in business at the 29th Annual National Black MBA Association Conference in September. Eligibility requirements for nominees include being a current NBMBAA member who is at least 18 years old, owning more than 51 percent of their business, and owning their business for a minimum of three years. NBMBAA President and CEO Barbara Thomas says, "As we pay tribute to these incredible visionaries who provide jobs, resources, and inspiration for our community, we challenge them to continue to build and inspire social, financial, personal, and professional wealth." Wells Fargo's African American Businesses Services program has sponsored financial and outreach resources for African-American business owners since 1998, loaning $826 million plus to thousands of business owners to date.
Back to Top

Wal-Mart Finds a Back Door Into Banking
International Herald Tribune (06/21/07) Barbaro, Michael; Dash, Eric
Wal-Mart announced yesterday that it plans to rapidly expand the financial services it offers in its stores. Among the new offerings expected in the next year is a prepaid debit card called the Wal-Mart Debit Card. The Visa-branded card, which will be issued with General Electric's GE Money division, can be funded with the direct deposit of a paycheck for free or reloaded with cash at a Wal-Mart store for a fee of $4.64. Consumers can check the balance of their card online or on their cell phones, pay certain bills, and withdraw cash from ATMs. In addition, Wal-Mart is planning to expand the number of stores with money centers--which offer check cashing, bill paying, and money order services--from 225 now to at least 1,000 within the next year. The prepaid cards and money center services are seen as a precursor to even wider offering in the future, including mortgages, home equity loans, and an interest-bearing savings account.
Back to Top
Plastic Replaces Pocket Change
Rutland Herald (VT) (06/18/07)
Generation P, also known as Generation Plastic, are the spenders aged 18 to 25 years old that use plastic for the majority of their purchases. According to Experian Simmons Research, 20-somethings comprise the bulk of spenders supplanting cash and checks for debit and credit. A survey conducted for Visa revealed that 40 percent of Gen P used plastic for payments of $25 or less at least four times a week. Visa's payWave and American Express' Express Pay have promoted the use of cards that are waved in front of a reader, increasing the convenience for making micropayments or purchases less than $5. Although credit and debit have represented considerable growth in recent years, Gen P spenders lead the segment of the population that relies on plastic.
Back to Top
Credit Card Disclosures Under Fed Scrutiny
Chicago Tribune (06/17/07) P. C5; Ambrose, Eileen
The Federal Reserve Board conducted one-on-one interviews with consumers to test their understanding of credit card disclosures and found that most were unaware of key terms buried in legalese. Among the changes the Fed has proposed, issuers would have to give customers 45 days' notice before raising interest rates due to default or late payment, and creditors would not be able to claim a "fixed" interest rate in advertisements unless the rate did not actually change or remained the same for a specific time. Issuers of subprime credit cards would have to provide extra disclosures so consumers would understand that greater upfront fees would erode their available credit, and the due date would have to be stated on monthly bills along with a specific cutoff time, if necessary. Legislation currently pending in Congress would go further to eliminate practices such as universal default and double-cycle billing. The Fed will accept public comments on the proposals for three months.
Back to Top
Forget Checks: Employers Turn to Paycards
Wilmington News Journal (DE) (06/17/07) Pappas, Leslie A.
Last week, Discover Financial Services announced that it had partnered with First Data to issue payroll cards through the Denver-based processor's Money Network program. The deal is the latest attempt by Discover to make a name for itself in the growing payroll card market. According to Mercator Advisory Group, employers loaded roughly $6.3 billion on about 1.5 million payroll cards in 2005. Those figures are expected to increase to 3.2 million cards and $12.1 billion in payments by the end of this year, and 4.6 million cards with $17.4 billion in payroll deposits by the end of 2009. Ted Grunberg, JPMorgan Chase's product manager for prepaid products, noted that the cards have really taken off in the past three years, as consumers have grown more comfortable using plastic. Grunberg added that JPMorgan Chase expects to see double-digit increases in the number of employers using payroll cards for the foreseeable future.
Back to Top
Fed Meets Housing Activists Amid Loan Oversight Criticism
Los Angeles Times (06/21/07) Peterson, Jonathan
In a move deemed "politically savvy" by mortgage industry analyst Howard Glaser, Federal Reserve Chairman Ben Bernanke and Federal Reserve Gov. Randall Kroszner met with numerous members of the consumer advocacy group ACORN to discuss rising foreclosure rates across the nation. Bernanke and Kroszner told the ACORN members they would consider their input on imposing new lending standards to combat unscrupulous practices, but it remains to be seen whether they will take action. While the central bank is looking into the issues of prepayment penalties and the need for lenders to gauge borrowers' repayment ability, some lawmakers believe the central bank should use its authority under the Home Ownership and Equity Protection Act to ensure that all lenders adhere to fair lending practices. "If the Fed doesn't start to use that authority to roll out the rules, then we'll give it to somebody who will," House Financial Services Committee Chairman Barney Frank (D-Mass.) threatened last week during a hearing. However, Bernanke is concerned that credit available to responsible borrowers will decline if the central bank takes a tougher stance in the mortgage arena.
Back to Top
Senate Bill Takes Aim at Mortgage Fraud
News & Observer (06/20/07) Bonner, Lynn
North Carolina's Senate has unanimously passed a bill that would give local prosecutors more leeway to go after mortgage sellers in cases involving fraud. The measure, which now moves to the House for a final vote, would allow local prosecutors to seek charges that better fit the alleged crimes and enable them to bring suits when information has been intentionally falsified or omitted--even if buyers do not lose any money. Mark Pearce, deputy state banking commissioner, compares the legislation to a law that Georgia passed in 2005 and is considered to be effective in combating mortgage fraud. North Carolina lawmakers are considering several other housing-related bills this year as well--including legislation in the House that would allow borrowers to sue any lender in state court and a Senate measure that would require resellers to buy the homes or assume the loans before quickly unloading properties.
Back to Top
Nonbinding? Resolution in House Still Strikes Fear
American Banker (06/19/07) P. 1; Kaper, Stacy
The banking industry has expressed concern about a nonbinding resolution proposed by Rep. Elijah Cummings (D-Mass.) calling for lawmakers to pass legislation prohibiting certain predatory lending practices, mandating that the fully indexed interest rate be used when making underwriting decisions, and scrapping prepayment penalties. While resolutions typically are not seen as important, Stanford Washington Research Group analyst Jaret Seiberg notes, "The industry is worried that this could be the first step towards more onerous legislation, and they don't want to see portions of the resolution quoted back to them when debate begins on the substantive changes to the mortgage underwriting rules." Coalition of Fair and Affordable Lending executive director Wright Andrews says portions of the resolution stating that subprime lending "created opportunities for 'predatory' lending" and that such loans primarily are located in minority communities and responsible for a significant number of foreclosures may not be accurate. "If this was passed by the Congress, it would certainly give the impression that Congress believed all these things," he says. A June 26 vote on the resolution has been tentatively scheduled by the House Financial Services Committee.
Back to Top
Bill to Simplify Mortgage Disclosures
American Banker (06/18/07) P. 20; Adler, Joe
A bill in the works by Reps. Patrick McHenry (R-N.C.) and Al Green (D-Texas), both members of the House Financial Services Committee, would make changes to the Real Estate Settlement Procedures Act. Under the proposal, lenders would have to provide a one-page disclosure form to borrowers, replacing documents currently in use that McHenry deems "increasingly complex, convoluted, and cumbersome." Based on a form created by American Enterprises Institute resident fellow Alex Pollock, lenders would have to spell out the introductory interest rate, the fully indexed rate, the "maximum possible" rate, prepayment penalties and their triggers, and balloon payment amounts and due dates. Due to borrowers three days prior to closing, McHenry believes the form is a suitable alternative to banning loan practices.
Back to Top
Md. Task Force to Tackle Home Foreclosures, Predatory Lending
Washington Business Journal (06/14/07) Sernovitz, Daniel J.
Maryland Gov. Martin O'Malley has created the Maryland Homeownership Preservation Task Force to avert home foreclosures and restrain predatory sub-prime lending transactions. The task force, comprising government officials, housing advocates, non-profit groups, and members of the Maryland Mortgage Bankers Association and the Maryland Association of Realtors, will investigate these issues. Foreclosures and predatory loans are growing in number, due to the last housing boom and the proliferation of online mortgage firms, according to Irene Kessler of the Maryland Association of Realtors. To help safeguard homeowners from foreclosures, O'Malley is also forming the Homeowners Preserving Equity, a state-run effort. In addition, the state of Maryland is providing first-time homebuyers with a mortgage-assistance fund of $111 million. Moreover, the governor is urging the Department of Labor, Licensing, and Regulation to strongly enforce predatory lending laws.
Back to Top
US Senate Panel Backs Student Lender Subsidy Cuts
Reuters (06/20/07) Drawbaugh, Kevin
The U.S. Senate education committee endorsed a package of bills that would cut federal subsidies for college student loan lenders as well as target transgressions in the student loan industry. The panel sanctioned bills that would reduce the "special allowance payment" made to federally guaranteed loan companies by 0.50 percentage point, decrease the insurance paid to lenders on defaulted loans by 1 percent, and cut the fees gathered from guaranty agencies on defaulted loans by 7 percent. In addition, the Senate package would eliminate a rule that identifies certain lenders as "exceptional performers." In addition to the subsidy reductions, the Senate bill aims to bar gifts and payments that generate conflicts of interest between lenders and colleges, and to increase the transparency of such relationships. The Senate bill, along with a similar House bill, will now progress to floor votes.
Back to Top
FDIC Guidelines on Small-Dollar Loans
American Banker (06/20/07) Sloan, Steven
The Federal Deposit Insurance Corp. (FDIC) is using incentives to persuade banks to provide small-dollar loans to customers who might otherwise patronize a payday lender. The agency's board of directors unanimously approved a two-year pilot program called the Affordable and Responsible Consumer Credit program. The initiative classifies small-dollar loans as loans under $1,000. The loan must include financial education, have no prepayment penalties, and have low origination fees, and interest rates may not exceed 36 percent. In addition, banks are encouraged to allocate a portion of the loan payments into the borrower's savings account. Participation is voluntary, but banks that choose to adopt the program would qualify for Community Reinvestment Act (CRA) credit. Banks interested in the program but unprepared to participate can follow final guidelines released by the FDIC and, by adhering to the rules, would also be eligible for CRA credit. Sheila Bair, chairman of the FDIC, explains that the pilot program aims to demonstrate that small-dollar lending can be profitable.
Back to Top
Underbanked: Beyond Basics
American Banker (06/15/07) P. 5; Launder, William
A survey of 760 participants sponsored by the nonprofit Center for Financial Services Innovation (CFSI) finds that wider access to mainstream financial products is desired by underbanked consumers--even those with basic banking relationships. Such consumers cash 20 checks annually on average, with a mean value of $452; 60 percent of respondents owned a checking account while 45 percent owned a savings account. Thirty percent of those who did not have a checking account expressed a desire to open one within the next 12 months, while 39 percent said they would like to open a savings account. Opening a cash deposit, college, or retirement account in the next five years was desirable for at least 50 percent of respondents, while over one-third said they wanted to acquire a loan. The results of the survey indicate that financial service providers should develop more creative offerings for the underbanked. "Simply offering check-cashing services at a lower cost is not enough," wrote CFSI director Jennifer Tescher. "By understanding who these consumers are and how they make decisions, banks can develop appropriate services for them and, in time, lasting relationships that are a win for both parties." The study was released at the Underbanked Financial Services Forum in Dallas.
Back to Top
While Some Shy Away, Subprime Auto Lending Still Big Biz
Crain's Cleveland Business (06/18/07) P. 15; Smart, Maya Payne
The subprime loan industry generated $50 billion in 2006 in new-car leases and financing, but many banks and lenders prefer to steer clear of customers with poor credit, according to a 2007 study by J.D. Power and Associates. The study also revealed that 20 percent of customers leasing or financing new cars had poor credit. GMAC Financial Services, Ford Motor Credit, National City, and FirstMerit are some of the captive automotive lenders and local banks that restrict their subprime lending or refrain from subprime lending altogether. In contrast, AmeriCredit targets consumers with spotty credit, and has created a method for accurately analyzing the risk of each potential subprime borrower. The company's system scrutinizes hundreds of factors from sources such as loan applications and consumer credit files. By collecting and analyzing so much information, AmeriCredit is able to produce a score more precise than the FICO score. Indeed, the subprime auto industry's emphasis on obtaining substantial documentation on residence, employment, and other factors, makes the sector more conservative than the subprime mortgage industry, according to John Hoffman of AmeriCredit. Experts concur that subprime auto loans are a significantly less risky venture than subprime mortgage loans. Ultimately, AmeriCredit looks for responsible people who pay bills on time but who have cash flow issues due to unexpected circumstances like illness or job loss.
Back to Top
Governor Signs Into Law Consumer Protections on Financial Services
Salem News (06/19/07)
Oregon Gov. Ted Kulongoski on June 19 signed into law several bills that cap the interest rates and fees consumers pay on certain types of loans. One of those bills, HB 2204, caps interest rates on vehicle title loans at 36 percent. The bill also requires vehicle title loans to have a minimum term of 31 days and prohibits them from being renewed more than twice. In addition, title lenders can no longer make a title loan to the same consumer within seven days of the expiration date of the previous title loan. Another bill, HR 2871, caps interest rates on title loans and restricts the fees that can be charged by title lenders.
Back to Top
Maryland Court of Appeals OKs Late Fees Above State Cap
Baltimore Daily Record (06/18/07) Farmer, Liz
The Maryland Court of Appeals found in favor of American Honda Finance in a class action lawsuit filed by three women who insist the company violated the Maryland Constitution's 6 percent interest rate limit by charging a late payment fee of 5 percent of the outstanding debt every 10 days. However, the court cited a 1996 state law deeming late fees to be a "late or delinquency charge" and not interest, meaning auto financing companies do not have to adhere to the 6 percent limit. In American Honda Finance's case, the lease agreement called for a single fee equal to the lesser of $25 or 5 percent, which was levied when the payment was 10 days late. University of Maryland School of Law professor Irving Breitowitz says the case underscores lawmakers' control over interest rates and late fees. "In the short run, consumers pay more money, but if businesses are able to legally charge these late fees they might be able to then give credit to those who are more high risk," says Breitowitz.
Back to Top
Even Act of Congress Isn't Helping Fix Credit
Los Angeles Times (06/20/07) Kristof, Kathy M.
Both consumer advocates and credit reporting companies concur that vital portions of the 2003 Fair and Accurate Credit Transactions Act have not been implemented. One such provision would inform consumers in the event of identity theft. Regulators were also supposed to generate rules dictating when and how retailers, banks, and other credit information providers should reply to consumer disputes. According to Chi Chi Wu of the National Consumer Law Center, credit reporting companies persist in using automated systems to respond to disputes, and these systems often duplicate mistakes instead of fixing them. Poor data matching in credit reporting software drives identity theft, as well. According to Rep. Spencer Bachus (R-Ala.), federal agencies have had four years to collaborate and establish the rules, and yet they have not produced the guidelines. In response, Rep. Barney Frank (D-Mass.) has issued an ultimatum giving federal agencies three months to comply with the act's demands; if they fail to do so, Frank will introduce legislation to turn authority over to the Federal Trade Commission. In addition, Frank intends to propose a measure that would restore the consumer's right to sue over false credit reporting.
Back to Top
Abstract News © Copyright 2007 INFORMATION INC.
|
AFSA Newsbriefs is a weekly executive summary of AFSA initiatives and consumer credit articles. For more information,
please contact newsbriefs@afsamail.org.

AFSA's mission is to protect and improve the consumer credit business, maintain a positive public image, and create a legislative climate in which reasonable credit regulation can and will be enacted. The Association operates in the public interest, encourages and maintains ethical business practices, supports financial education for consumers of all ages, and provides other assistance in related fields on an as-needed basis. The American Financial Services Association has provided services to its members for over ninety years. The Association's officers, board, and staff are dedicated to continuing this impressive legacy of commitment through the addition of new members and programs, and increasing the quality of existing services.
|