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November 1, 2007




New AFSA Chair Installed at Annual Meeting
Winners of AFSA’s 2007 Distinguished Service Awards Announced
AFSA Letter to the Editor Published in American Banker
AFSA Executive Appears on National Television Program
AFSA Raises More Than $9,000 for Wildfire Victims



Countrywide Soars on Outlook
Wells Fargo to Assist Wildfire Victims





Over 50 Million Consumers to Pay for Goods and Services Via Mobile Phone by 2011
Interview: The Future of Credit Card Fraud
Gift Cards Motivate Consumers to Buy
More Merchants Complying With Visa's Security Rules




Treasury Hints at Quick Modifications
HUD Defeated on Down-Payment Assistance
NYU Study Shows Race Disparity in NYC Mortgage Rates
Equifax Program Provides Lenders ARM Reset Alerts




FDIC to Look for Alternatives to Controversial Payday Loans
Adultery, Amnesia and ... 401(k)s? Latino Soaps Offer Financial Advice
US Regulators Issue Rules to Protect Consumer Financial Data
Bankruptcy Reform: Two Years Later




Fed Publishes Final Rules Combating Identity Theft
S&P: '06 Car Loans Underperforming





New AFSA Chair Installed at Annual Meeting

Andrew Morrison, executive vice president and director of Brundage Management/Sun Loan Company, was installed as AFSA’s chair for 2007-2008 during the 91st Annual Meeting and Leadership Conference in San Diego. Previously, Morrison had served a term as chairman of AFSA’s Independents Section.

During his one-year term, Morrison will preside over the AFSA Board and Executive Committee meetings, serve as an ex-officio member of all AFSA committees and represent AFSA at industry and association-sponsored conferences and meetings.
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Winners of AFSA’s 2007 Distinguished Service Awards Announced

Three executives joined an elite group as winners of AFSA’s Distinguished Service Award (DSA), which is bestowed upon individuals who have contributed significantly to the industry's growth on a national level, advanced its objectives and quality, and raised its image.

This year’s DSA were presented to: Harry Goff, chairman of CitiFinancial North America and AFSA’s 2006-2007 chairman; Nathan Benson, chief executive officer of Tidewater Finance Company; and Tim Harrelson, president and chief executive officer of Penn Hill Associates.

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AFSA Letter to the Editor Published in American Banker

A letter to the editor by AFSA president and CEO Chris Stinebert entitled “A Balanced Look at Foreclosures” ran in the Oct. 26 edition of American Banker. The letter responded to an earlier American Banker article reporting the results of a recent study by General Accountability Office (GAO). According to the study, foreclosures are expected to top 1 million over the next six to seven years. That number is much lower than projections from the Center for Responsible Lending, which has testified that an estimated 2.2 million families have lost or will lose their homes to foreclosure.

“Although it does not provide good news, the GAO study provides a balanced, unbiased assessment of the current level of foreclosures and the reasons behind the increase,” Steinbert wrote. “Our hope is that the study redirects Congress to pursue more measured approaches to the problems in the mortgage market without jeopardizing credit availability.”

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AFSA Executive Appears on National Television Program

On Wednesday, October 24, executive vice president Bill Himpler was a guest on “The NewsHour with Jim Lehrer” to present the industry’s standpoint on foreclosure mitigation efforts, from pending legislation to business and group initiatives. Michael Calhoun of the Center for Responsible Lending also appeared on the program to represent consumer advocates. To view or listen to the segment or read the transcript, click the link below.

Earlier in the day, AFSA had submitted written testimony to the House Committee on Financial Services regarding the “Mortgage Reform & Anti-Predatory Lending Act” (H.R. 3915) sponsored by Chairman Barney Frank (D-MA), Representative Brad Miller (D-NC) and Representative Mel Watt (D-NC). In its testimony, AFSA said it believes that the bill could worsen the current foreclosure situation by eliminating important product choices for borrowers.

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AFSA Raises More Than $9,000 for Wildfire Victims

At its annual meeting in San Diego this week, AFSA raised nearly $9,500 to help local residents recover from area wildfires. Fundraising efforts were coordinated with the United Way of San Diego County, which will administer one fire relief fund in San Diego County and another throughout Southern California.

The United Way collected individual contributions from attendees, and the AFSAPAC donated half of the proceeds from its silent auction to the cause. To make a donation, visit www.uwsd.org or call 858-636-4100.

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Countrywide Soars on Outlook
Investor's Business Daily (10/29/07) P. A1

A recent forecast of a 25 percent to 75 percent improvement in the fourth quarter and a 10 percent to 15 percent return on equity next year has boosted Countrywide's shares 32 percent to $17.30. The mortgage market is turning around, according to Countrywide.
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Wells Fargo to Assist Wildfire Victims
Inc.com (10/25/07)

To help its customers recover from the fires in Southern California, Wells Fargo is unveiling a number of special programs. For eligible customers, Wells Fargo will provide up to $25,000 in emergency unsecured loans. Credit card and ATM card customers will receive case-by-case assistance. Qualified small business customers can obtain bridge and term loans, credit protection activation, emergency credit line increases, and other types of aid from Wells Fargo.
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Over 50 Million Consumers to Pay for Goods and Services Via Mobile Phone by 2011
Cellular-News (10/30/07)

Roughly 52 million consumers will take up new mobile technologies such as Near Field Communication (NFC) and other physical mobile payment techniques to purchase everyday goods and services by 2011, driving up the value of the physical mobile payments market to $11.5 billion, according to new projections by Juniper Research. Contactless payment will be supported by about 12 percent of the mobile phones in circulation by 2011, equaling close to 470 million NFC-enabled handsets worldwide. The Juniper report also found that mobile payment applications and services are already available in various formats in most areas, where they are being adopted in either a trial or commercial mode. Far East and U.S.-based industry players are viewed as especially open to the concept of using NFC or radio-frequency identification to effect mobile payments for physical goods and services, while a robust business model that ensures revenue to all participants must be developed by members of the mobile payments value chain, Juniper says.
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Interview: The Future of Credit Card Fraud
Practical eCommerce (10/07)

Bizzuka CEO John Munsell notes in an interview that online transactions make up only 0.3 percent of all identity thefts, which contradicts many people's fears that purchasing goods online is risky. He points out that Payment Card Industry (PCI) security standards require vendors to fortify their code and boost the security of access to personal data. Munsell uses Bizzuka's e-commerce engine as an example, noting that it is scanned by a third party every night and tested for exposure in order to maintain PCI certification. "The bottom line is, PCI compliance makes online purchasing much more secure," he says. Munsell describes PCI compliance as a collaborative operation between MasterCard, American Express, Visa, JCB, and Discover to shield cardholders from identity theft with a series of security standards; failure to comply can result in hefty fines. Merchant PCI compliance is segmented into four risk areas, based on the merchant's transaction volume, which also dictates reporting and scanning requirements retailers must meet. Munsell recommends that shoppers check for PCI compliance before making online purchases, while merchants assessing Web site or e-commerce solution providers should ensure that their vendors supply PCI compliance before going forward. In addition, merchants should check that compliance by the vendor is ongoing. Munsell speculates that states will continue to enact laws that hold merchants accountable for insecure Web sites, and he believes that "acquirers will also be brought into the legislation as part of their fiduciary responsibilities."
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Gift Cards Motivate Consumers to Buy
dBusinessNews (10/26/07)

A recent study by First Data Corp. reveals gift card incentives are a great marketing strategy for companies looking to harness more consumer buying power. Of the 526 respondents surveyed, 67 percent were very familiar with gift card incentives and 57 percent of those who had used them said they influenced their overall purchase. Fifty-two percent also reported gift cards had an impact on their choice of store, and 41 percent said it influenced their brand selection. Seventy-six percent also said they were interested in using gift cards as a way to buy or test out a product. Finally, 87 percent of consumers who already had received incentive gift cards would like to receive them again.
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More Merchants Complying With Visa's Security Rules
Wall Street Journal (10/25/07) P. A20; Sidel, Robin

Visa says that about 65 percent of the nation's 327 largest merchants--those that process more than 6 million card transactions annually--have verified that they are following the Payment Card Industry Data Security Standard, up from 44 percent at the end of August. Last month Visa pressured the major retailers to comply with the security rules, a strategy that appears to have paid off. Meanwhile, 43 percent of medium-sized merchants--those that process between 1 million and 6 million card transactions a year--say they are complying with the PCI standards, up from 38 percent in August. In addition, virtually all medium-sized and large merchants have told Visa that card data is not being stored in their computer systems. The improved compliance rates have been attributed to Visa's threat to fine large merchants $25,000 a month if they did not meet the PCI standards by Sept. 30. Visa would not say whether or not it has levied any fines for noncompliance.
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Treasury Hints at Quick Modifications
American Banker (11/01/07) P. 20; Hopkins, Cheyenne

U.S. Treasury Secretary Henry Paulson says Hope Now, a mortgage industry alliance backed by the department, is quickly creating strategies to help borrowers who are currently making timely payments modify their loans to avoid foreclosure once their interest rates reset. Paulson says that "fast tracking into a refinance or a loan modification" may be possible for borrowers who are in good standing, while limited options would be available to those unable to make timely payments at current low interest rates. In stressing that mortgage industry participants need to act swiftly, Paulson states, "Developing clear criteria now will allow us to gauge the success of these efforts in avoiding preventable foreclosures." Meanwhile, more than 200,000 borrowers will receive letters from Paulson and HUD Secretary Alphonso Jackson to encourage them to make an effort to avoid foreclosure.
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HUD Defeated on Down-Payment Assistance
Washington Post (11/01/07) P. D3; Merle, Renae

HUD's ban on seller-financed mortgage down-payment assistance programs has been temporarily blocked by U.S. District Court Judge Paul Friedman. In a four-page ruling, Friedman said the rule threatens to put nonprofit organizations offering such programs out of business and added that HUD "failed to supply a reasoned analysis for its departure from its long-standing policy of approval" of the initiatives. AmeriDream in Gaithersburg, Md., and Nehemiah in Sacramento, Calif., were among the groups that had filed suit to contest the rule, which was scheduled to take effect on Oct. 31; and they say their programs help put minorities and first-time buyers in homes. HUD had argued that borrowers who receive assistance from sellers are more than twice as likely to default on their mortgages or become delinquent on their payments than other buyers with mortgages guaranteed by the Federal Housing Administration.
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NYU Study Shows Race Disparity in NYC Mortgage Rates
Washington Square News (10/31/07) Coleman, Amanda

An analysis of 2006 Home Mortgage Disclosure Act data by New York University's Furman Center for Real Estate and Urban Policy reveals that subprime lending rates in New York City from 2005 to 2006 exceeded the national rate. During this period, subprime loans fell to 12.8 percent of mortgages nationally from 17.9 percent but declined only to 19.8 percent from 23 percent in New York City. The study also reveals that subprime mortgages were given to blacks and Hispanics in New York City four times and three times, respectively, more often than to whites--regardless of income levels. However, researchers say there is only a correlation between race and subprime lending but not a cause-and-effect relationship, insisting that they would need to see borrower credit scores, neighborhood credit scores, and property values before discrimination could be considered as a possible factor.
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Equifax Program Provides Lenders ARM Reset Alerts
American Banker (10/29/07) P. 7; Launder, William

Equifax Inc.'s new ARM Predictor aims to help mortgage, credit card, and automobile lenders improve their loss-mitigation strategies by letting them know the likelihood that adjustable-rate mortgages obtained by their borrowers through other lenders will reset. Bank of America Securities LLC analyst Robert Lacoursiere expects ARM resets to the tune of $121 billion during the fourth quarter and $541 billion in 2008. ARM Predictor issues a score of 1 to 5 for each borrower, with 1 meaning that the borrower will not experience an ARM reset and 5 signifying an 80 percent chance of an ARM reset. Integrated with Equifax's portfolio review platform and designed for use with the company's underwriting and risk assessment platform, ARM Predictor is meant to be a supplement to other tools used to gauge borrowers' default risk.
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FDIC to Look for Alternatives to Controversial Payday Loans
Bizjournals (10/30/07) Jarvis, Crystal

The Federal Deposit Insurance Corp. (FDIC) hopes to find a solution to high-interest payday loans in the next two years. During that time the Board of Directors of the FDIC will pilot an alternative program called Affordable and Responsible Consumer Credit. As part of the program, financial institutions will offer loans up to $1,000 with payment times that go beyond one pay cycle. The program also aims to institute annual percentage rates under 36 percent as well as low or no origination fees and no repayment penalties. The FDIC is also looking to institute a number of other features to ensure these loans are low-risk for customers but still profitable for responsible lenders. These features include streamlined underwriting, prompt loan application processing, an automatic savings component, and access to financial education.
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Adultery, Amnesia and ... 401(k)s? Latino Soaps Offer Financial Advice
Diversity Inc (10/25/07) Hinton, Eric

U.S. Treasurer Anna Escobedo Cabral is proposing creative strategies for increasing the Latino community's financial literacy. To that end, Cabral is conferring with soap opera producers about weaving financial issues into traditional storylines like amnesia. Telemundo, a Spanish-language television channel, has voiced interest in Cabral's project. Financial advice aimed at a Latino audience is much needed. Some 20 percent of Latinos born in the United States watch Telemundo and other Spanish-language television networks. That number is significant, as U.S.-born Latinos will make up 75 percent of all U.S. Latinos by 2020, according to census data. Though efforts have been made to enhance Latinos' wealth-building skills in the past, a 2005 study from the National Council of La Raza argued that such efforts have been largely ineffective, in that the information does not seem to be reaching or impacting its target audience.
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US Regulators Issue Rules to Protect Consumer Financial Data
Dow Jones Newswires (10/25/07) Barkley, Tom

Federal officials announced the institution of new consumer solicitation rules on Oct. 25. As of Jan. 1, 2008, financial companies will not be allowed to use information from an affiliate to solicit additional products and services unless they give the consumer a "reasonable opportunity" to opt out of being solicited. Transactions, accounts, applications, and credit reports are just some of the information covered by the new rules. Although the rules go into effect Jan. 1, companies will have until Oct. 1, 2008, to fully comply.
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Bankruptcy Reform: Two Years Later
Collections & Credit Risk (10/07) Vol. 12, No. 10, P. 32; Devitt, Caitlin

The old bankruptcy code was dramatically overhauled by the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), but experts say the legislation is not achieving Congress' intent. Before BAPCPA went into effect, droves of debtors filed for bankruptcy in the fourth quarter of 2005. Experts attribute the substantial decline in filings in 2006 to that wave of consumer filings, and note that current figures are still being affected by the distortion. Nevertheless, filings are steadily rising again, with personal bankruptcy filings for the first half of 2007 up 48.3 percent from the same interval in 2006. And though BAPCA aimed to direct debtors away from Chapter 7 plans, where the majority of debt is written off, and into Chapter 13 plans, debtors are continuing to opt for Chapter 7 filings over Chapter 13 filings. Overall, bankruptcy experts anticipate a gradual but steady return to pre-BAPCA bankruptcy filing levels, or roughly 1.6 million filings annually, due to economic circumstances like mounting healthcare costs and waning housing prices. In the distressed debt market, the period between 2005 and 2007 resulted in heightened competition among collectors and buyers and a tighter supply of credit card debt. Experts say an increase in bankruptcy filings will probably yield more debt in all asset classes, and potentially a decline in record-high debt prices.
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Fed Publishes Final Rules Combating Identity Theft
Reuters (10/31/07)

The Federal Deposit Insurance Corp. and other financial regulators announced Wednesday that they will soon release final rules governing identity theft protection. "These rules provide consumers with an additional layer of protection by requiring financial institutions and creditors to adopt identity theft prevention programs that apply to all consumer accounts--without exception," says Federal Reserve Board Gov. Randall Kroszner. Financial services companies will have to implement procedures to detect signs of potential identity theft, according to the Federal Reserve.
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S&P: '06 Car Loans Underperforming
American Banker (10/25/07) Vol. 172, No. 206, P. 17; Hochstein, Marc

On average, auto loans created in 2006 have done worse after nine months than car loans written in 2004 and 2005, according to Standard and Poor's (S&P). The loss rate for auto loan securitizations after nine months in 2004, 2005, and 2006 averaged 0.5 percent, 0.71 percent, and 0.93 percent, respectively. Higher losses in 2006 can be attributed to longer-term loans, lower FICO scores, and other characteristics of weakened collateral, says Mark Risi of S&P. Nevertheless, auto loan securitizations are, overall, performing in line with expectations, says S&P. S&P raised its ratings on 90 bond classes over the first nine months of 2007, and lowered its ratings on none.
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Abstract News © Copyright 2007 INFORMATION INC.

In This Issue:





























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.

© 2007 American Financial Services Association
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