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October 18, 2007
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AFSA Updates CEO Panel for Annual Meeting
AFSA Notes Problems with Illustrations in Letter to Federal Agencies
“Can’t Miss Lineup” to Highlight 2008 Vehicle Finance Conference & Exhibition
AFSA Releases 2006-2007 Annual Report
The AFSA “Making the Most of Your Associate Membership” Webinar Now Online

GMAC Honored for Economic Development in Detroit
Nissan's Financial Services Company Awarded for Leadership in eLeasing
DaimlerChrysler Financial Services Rated Number One by Retailers


Mailed Card Offers Seen Slackening
Report: Debit Card Outlook Bright, But Banks Failing on Activation
Schwarzenegger Vetoes Data-Breach Bill

State Toughens Rules on Mortgages
GAO Study: Foreclosure Level to Top One Million
Open House: Mortgage Industry Pushes for E-mortgages Despite Drawbacks
Democrats Compromise on Fannie and Freddie Limits
Pipeline: Public Perceptions

Fair Isaac Adds Collections Scoring
29 Lenders Subpoenaed Over Student Loans
Limits on Payday Loans Will Hurt Some Consumers

The Ultimate Leasing Machine
Shop Smart: Americans Want Social Security Numbers Restricted

AFSA Updates CEO Panel for Annual Meeting
The 91st AFSA Annual Meeting & Leadership Conference, “Breaking Down Barriers” is less than two weeks away. The CEO panel, “Emerging Issues in the Consumer Finance Industry” has been finalized, and it will allow CEOs from four different market sectors to update everyone on how current economic conditions and other factors are affecting their industry. Both corporate and independent perspectives will be represented.
Moderated by AFSA President & CEO, Chris Stinebert, this session will also allow time for questions from the audience. The panelists include Harry Goff, Chairman & CEO with CitiFinancial North America; Preston L. Jackson, President & CEO with Merrill Lynch Bank USA; Steven R. Lambert, Chairman, President & CEO with Nissan Motor Acceptance Corporation; and Andrew Morrison, Executive Vice President with Brundage Management/Sun Loan Company.
In addition, Countrywide Chairman & CEO, Angelo Mozilo, will close out the conference with his address at the final luncheon.
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AFSA Notes Problems with Illustrations in Letter to Federal Agencies
AFSA submitted a comment letter to a number of federal agencies in response to their proposed “Illustrations of Consumer Information for Subprime Mortgage Lending.” In short, the letter commended the agencies for their efforts but also recommended modifications “to reflect problems that lenders will have in providing certain aspects of the Illustrations…” A copy of the AFSA comment letter is posted on its Web site.
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“Can’t Miss Lineup” to Highlight 2008 Vehicle Finance Conference & Exhibition
Not only will a powerhouse panel of vehicle finance leaders examine the industry environment at the AFSA 12th Annual Vehicle Finance Conference and Exposition, but John Snow, former U.S. Treasury Secretary and chairman of Cerberus Capital Management, will speak. To check out the members of this high-powered CEO group and times for the February 6-8, 2008 conference, go to the AFSA Web site.
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AFSA Releases 2006-2007 Annual Report
“AFSA remains at the vanguard of organizations leading the charge in defense of risk-based pricing, without which the economic expansion of the last 25 years would not have been possible,” Chris Stinebert said in his message to members in the newly released AFSA Annual Report. The report covers AFSA’s accomplishments in the areas of Federal and State Government Affairs, Communications, Legal Affairs, E-Standards, Meetings and Conferences, the AFSA Education Foundation, Committees, and Sections and Divisions. A complete report is available on the AFSA Web site for members.
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The AFSA “Making the Most of Your Associate Membership” Webinar Now Online
If you missed the complimentary webinar that AFSA sponsored for its Associate Members, it is now available for your viewing online. Led by Marguerite Watanabe, Chair, AFSA Associate Member Board and Sheilah Harrison, Vice President, Membership Services, AFSA, the 60-minute Webinar covers:
*A 3-minute History Lesson on AFSA *Membership Categories *Mission and Activities *Boards and Committees *Benefits of Associate Membership *Marketing Opportunities *Marketing Partnership Program *The Inside Scoop on Making the Most of Your Membership
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GMAC Honored for Economic Development in Detroit
GMAC Financial Services News Release (10/16/07)
The 100 Black Men of Greater Detroit has honored GMAC Financial Services and its SmartEdge financial education program with its Excellence Award for Economic Development. The group recognized SmartEdge for its efforts to improve financial education, including promoting the awareness of financial options, personal credit, and good financial habits. GMAC plans to hold at least 15 SmartEdge seminars in the Detroit area this year, and 750 to 1,000 people are likely to attend the events. People who are unable to attend a seminar will be able to find SmartEdge tutorials online. A $10,000 SmartEdge book allowance will also be used to create 20 $500 book scholarships for local students. GMAC expects to draw more than a million people to its 2,000 SmartEdge events across the country this year. "SmartEdge is more than a job for me; it is truly about giving back to Detroit and the hundreds of other communities around the country where GMAC reaches out through the SmartEdge program," says Don Ferguson, GMAC director of Minority Dealer Development. "SmartEdge can empower individuals, families, and communities to make more informed financial decisions."
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Nissan's Financial Services Company Awarded for Leadership in eLeasing
The Lessors Network (10/16/07)
At the 2007 Auto Finance Summit Awards in Las Vegas, Nissan Motor Acceptance Corp. (NMAC) was recognized for spearheading the push toward eLeasing. With eLeasing, customers benefit from being able to quickly complete electronic contracts with minimal chances of error. Dealers, meanwhile, reap the benefits of enhanced cash flow and customer service, fewer contracts in transit, and reduced compliance issues. NMAC has been involved in eLeasing in five states for the past three months, with seven additional states to be added to its efforts by year's end. Retail contracts have been handled electronically by the company for more than three years. NMAC Vice President of Operations Jeff Edwards noted, "Even though eLeasing has been a big challenge from the start, its value to NMAC and to our dealers has been evident from the very beginning." Industry leaders nominated the company for the award, and the Auto Finance Summit Board of Advisors and Auto Finance News editors selected the winners.
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DaimlerChrysler Financial Services Rated Number One by Retailers
Easier.com (10/12/07)
The most recent Sewells Information and Research survey ranked DaimlerChrysler Financial Services as the number one automotive finance provider in the industry. The number one finish is the result of 88 percent of customers ranking their experience with the company as "good" or "very good." The survey results are great news for DaimlerChrysler, because the company has been hard at work for the last five years to develop better customer satisfaction and service. The survey indicated that finance companies owned by manufacturers "are really delivering in response to competition from independent finance companies on one side and direct lenders on the other."
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Mailed Card Offers Seen Slackening
American Banker (10/15/07) P. 8; Wade, Will
Research by the New York-based marketing company Synovate shows that this year financial services companies mailed only 5.3 billion credit card offers--8 percent less than in 2006. Furthermore, the number of hard-copy mail-in offers from financial services companies has decreased since JPMorgan Chase and Capital One Financial have started focusing more resources on Internet and television marketing campaigns. Bank of America's buyout last year of MBNA Corp. also affected the falling figures; MBNA was a heavy user of direct mail promotion.
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Report: Debit Card Outlook Bright, But Banks Failing on Activation
Digital Transactions (10/15/07)
According to a report from TowerGroup, debit cards continue to lead all other payment devices in terms of growth, and are expected to weather a potential economic slump better than credit cards. However, the report also found that consumers activate and use only slightly more than half of the debit cards issued by financial institutions. Banks and credit unions must blame themselves for the low activation rate, as debit cards are often distributed without instructions, says Brian Riley of TowerGroup. As a result, consumers do not know how to make use of debit cards, and many business owners still think checks yield a payment trail that is easier to track. Other findings from the report are more positive; those who do utilize debit cards are apt to use them frequently, and the average consumer possesses 1.1 debit cards. Government payments are increasingly being shifted into debit card-linked accounts, as well. Using data from Bank of America and the Federal Reserve, TowerGroup approximates that the annual growth rate for PIN-based debit card transactions was 18 percent between 2005 and 2007, compared to 5 percent for credit cards. In addition, TowerGroup anticipates that the current growth rates for debit cards will persist for at least two years, now that the system is engrained in consumers' spending habits, whereas credit card transaction growth is expected to be almost flat through 2009. And, if the economy declines, the resulting consumer credit crunch may also favor debit card use.
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Schwarzenegger Vetoes Data-Breach Bill
Security Focus (10/15/07) Lemos, Robert
California Gov. Arnold Schwarzenegger has rejected legislation that would have stopped companies from storing sensitive payment data that is not needed for business reasons. The bill also delineated what information firms would be required to divulge when informing customers of a breach. Schwarzenegger explained that the standards would be too burdensome for companies, particularly small companies, to adopt. The legislation was proposed by the California Credit Union League, whose members issue credit cards. Indeed, financial establishments lose a substantial amount of money from data breaches, as they must replace credit cards and debit cards even if the breach was not their fault. Meanwhile, retailers continue to oppose the push to safeguard their data.
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State Toughens Rules on Mortgages
Boston Globe (10/18/07) Appelbaum, Binyamin
Massachusetts Attorney General Martha Coakley has finalized new regulations that would require mortgage lenders and brokers to treat borrowers fairly by only offering loans they can repay; the rules also would prevent lenders and brokers from profiting on interest rates higher than those for which the customer qualified. The regulations, which are designed to crack down on mortgage practices believed to have contributed to record foreclosures in the state, will be implemented in stages over the next two and a half months. However, they may be difficult to enforce because of the lack of detail--such as what would constitute "reasonable belief" that a borrower can repay a loan. Meanwhile, the state's House will vote Thursday on mortgage lending legislation that would have the state grade lenders on fair pricing and equitable lending, then regularly publish the findings.
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GAO Study: Foreclosure Level to Top One Million
American Banker (10/16/07) P. 1; Kaper, Stacy
A study conducted by the U.S. Government Accountability Office (GAO) on behalf of House Financial Services Committee Chairman Barney Frank (D-Mass.) and Rep. Spencer Bachus (R-Ala.) lists the factors that led to rising mortgage foreclosures. While rising interest rates, mortgage fraud, a lack of knowledge about the risks of non-traditional loan products, and economic conditions all played a role, the GAO report focuses on the emergence of the securitization model and the subsequent decline in lenders' underwriting standards. According to the report, "Originators had financial incentives to increase loan volume, potentially at the expense of loan quality. As lenders sold loans on the secondary market, the risks were passed on to investors." As rates on adjustable-rate mortgages originated in the last few years reset, the GAO predicts 1.1 million homes will end up in foreclosure over the next six to seven years. The report likely will be used by lawmakers to help formulate legislation tightening mortgage standards.
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Open House: Mortgage Industry Pushes for E-mortgages Despite Drawbacks
Bend Weekly (10/12/07) Woodard, Jim
The vision of a paperless e-mortgage system continues to enthuse mortgage lenders and brokers, as a digital process would save money and time, but many obstacles to implementation exist. It is clear that a highly sophisticated software program would be needed to handle the complexity of originating and securing a mortgage, as aspects like worth and title must be accurately tested and documented. The system would have to bring together all involved parties, including underwriters, appraisers, loan officers, surveyors, and others. The software program would also have to be able to uncover fraudulent activity. In addition, many consumers are wary of ID theft and are therefore reluctant to embrace the e-mortgage concept. As a result, the only system that would be truly viable is one that benefits both borrowers and mortgage professionals. One possible method for stimulating public acceptance of e-mortgages is to offer discounted fees to applicants who are willing to use a digital, paperless system. Meanwhile, states are working to protect homeowners from foreclosures by taking a variety of actions, according to the National Governors Association Center for Best Practices. Some states have enacted laws to fortify consumer protection, educate homeowners, and inflict harsher penalties on wayward lenders. Other strategies employed by states include generating funds to avert foreclosures, implementing regulations to govern subprime mortgages, and establishing task forces to analyze the situation.
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Democrats Compromise on Fannie and Freddie Limits
Boston Globe (10/12/07)
A compromise has been reached on easing Fannie Mae and Freddie Mac's portfolio limits, with Democrats in the House and Senate agreeing to okay legislation that would allow the government-sponsored enterprises to boost mortgage holdings by 10 percent for a period of six months. House Financial Services Committee Chairman Barney Frank (D-Mass.) who will introduce the bill in the House, believes large-scale reform efforts will not be impeded by a temporary lifting of the portfolio caps. Of the combined $148 billion increase in mortgage holdings, $125 billion would be devoted to assisting subprime borrowers in refinancing out of costly adjustable-rate loans. In the Senate, a proposal will be added to whatever bill comes up next for a vote, says Sen. Charles Schumer (D-N.Y.).
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Pipeline: Public Perceptions
American Banker (10/11/07) P. 11; Berry, Kate; Terris, Harry
A September survey of 2,500 Americans by TNS North America reveals that banks, residential lenders, and mortgage brokers are blamed for problems in the subprime market by almost 75 percent of respondents. The real estate industry and borrowers who obtained loans that did not fit their budgets were considered "extremely responsible" or "very responsible" by 60 percent and 58 percent, respectively, of those polled. The subprime fallout is a bigger concern for survey participants than the federal deficit and global warming--although terrorism, healthcare, the Iraq war, the national economy and illegal immigration weigh more heavily on their minds. The survey also indicates that 76 percent of respondents place the subprime crisis on the same level as, or even more serious than, the 2000 dot-com crash. However, about 50 percent of those polled did not know how to define a subprime mortgage.
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Fair Isaac Adds Collections Scoring
American Banker (10/15/07) P. 8; Wolfe, Daniel
Fair Isaac Corp.'s new Collection Scores product, unveiled at the recent Collections and Recovery User Group conference in Las Vegas, aims to improve collections management and drive up recovered amounts. The new scoring method gauges which accounts are most likely to become delinquent and determines the cases in which collection efforts will yield higher recovered amounts. According to Fair Isaac's executive Sally Taylor-Shoff, "The scores are an ideal first step for lenders looking to leverage analytics in collection decisions without the burden of gathering historical data and waiting for the development period of custom models."
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29 Lenders Subpoenaed Over Student Loans
USA Today (10/12/07) P. 1B; Block, Sandra
New York Attorney General Andrew Cuomo last week issued 29 subpoenas as part of his growing investigation into student lending practices. The subpoenas went out to private lenders that are suspected of using misleading lending practices or inducements. In the past 10 years, the number of private student loans has skyrocketed. Now, one out of every five student borrowers uses private loans, up from 4 percent a decade ago. Practices cited in Cuomo's investigation range from companies that disguise their ads as official documents, sweepstakes, and checks to ads that include gift cards or other rewards to students who sign up.
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Limits on Payday Loans Will Hurt Some Consumers
News-Leader (10/11/07) Hauke, Justin P.
In Missouri, Attorney General Jay Nixon has introduced legislation to impose stricter regulations on the state's payday loan industry, but Justin P. Hauke of the Show-Me Institute argues that payday loan reform is ineffective and detrimental to consumers. Nixon proposes capping the rate of interest for payday loans at 36 percent and abolishing the practice of outstanding loan renewal. However, in their desire to defend consumers, regulatory supporters forget that payday lenders are charging steep rates because of market forces, not "sheer whim," says Hauke. Consumer interest rates are based on credit risk, and elevated risk necessitates greater compensation. If the Missouri legislature establishes a ceiling on payday loan rates, lenders will be compelled to issue fewer loans and serve only lower-risk borrowers, which will price most payday loan consumers out of the market. Indeed, Oregon passed a law in June 2007 similar to Nixon's proposal and, since the legislation passed, over 100 loan establishments have shut down and payday loan revenues have fallen over 70 percent. As a result, citizens who depend on payday loans to help pay for unanticipated expenses have less access to credit, and are forced to either sacrifice such expenses or turn to riskier sources for credit, like the black market. However, legislators can help consumers in other ways. Multiple states have urged credit unions to develop short-term loan programs that can function as alternative sources of short-term financing. Programs that teach consumers about finance are even more valuable, says Hauke.
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The Ultimate Leasing Machine
Ward's Dealer Business (10/01/2007) P. 43
J.D. Power and Associates' dealer financing satisfaction index has ranked BMW Financial Services first in all four retail leasing categories. The ranking also marks the fourth consecutive year that BMW Financial has led the survey; this time, it scored 954 points on a 1,000-point scale. Meanwhile, Mercedes-Benz Financial scored highest in the retail credit category with 948 points, and also ranked first in floor planning for the second straight year with 966 points. BMW's subsidiary serves more than 625,000 customers and leases or finances roughly 64 percent of new BMW vehicles sold domestically. The dealer finance satisfaction study focused on the responses of 4,845 dealer principals surveyed between March 2007 and May 2007. "This highest ranking [in leasing satisfaction] recognizes our consistently high performance in an area that represents a significant part of our business," says Edward A. Robinson, president and CEO of BMW Financial Services-Americas Region. J.D. Powers also forecast that rivalry in the auto-finance market will increase. Approximately 57 percent of dealers rely on conventional prime lenders for subprime customers, while just 33 percent employ conventional subprime lender services for prime customers.
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Shop Smart: Americans Want Social Security Numbers Restricted
Pittsburgh Post-Gazette (10/14/07)
Eighty-nine percent of Americans say federal and state legislatures should take action to restrict access to Social Security numbers, according to a survey by the Consumer Reports National Research Center. The growing concern comes from the widespread sale and use of Social Security numbers in networks of identity thieves. The survey polled 1,016 households from around the country. It also discovered that 87 percent of consumers had been asked for their Social Security number in the past year.
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Abstract News © Copyright 2007 INFORMATION INC.
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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.
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