September 6, 2007
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AFSA Says “Alternative SSN” New Vehicle for Identity Theft
Register Now and Hear WSJ’s John Fund at SGA Forum!
Nominate Your Choice for the AFSA “Merit Manager” and “Lifetime Achievement Awards” Now
John Snow to Speak at the AFSA ’08 Vehicle Finance Conference

Auto Finance Teams Possible
Make Mine Subprime


Home-equity Loans Dry Up; People in Credit Card Jam Look For Other Options
Chevron Selling Credit Card Businesses
Banks Score Poorly in Credit Card Poll
CUs Continue Selling Off Cards
Debit Volume Grows With Link to College ID Cards

Congress Takes Up Mortgages
Conventional Mortgage Has Lenders Competing
Mortgage Servicers Urged to Reach Out
CNW Research Reports on August Market Conditions
Federal Financial Regulatory Agencies and CSBS Issue Statement on Loss Mitigation Strategies for Servicers of Residential Mortgages
Housing Woes Heighten Pressure to Address Credit Markets, Foreclosures
Bush to Propose Aid to Mortgage Holders
Groups Give Fed Conflicting Views on Mortgage Practices

Executive Puts Rival's Patent to the Test
New Ties Found to Link Lenders and Colleges
Wells Fargo Targets Teens With New Checking Account

Car Sales Are Latest Subprime Casualty
Rep. Gillmor, Backer of ILC Curbs, Dies
Car Seller Links With Online Texas Auto Loan Provider

AFSA Says “Alternative SSN” New Vehicle for Identity Theft
On September 5, AFSA submitted a comment letter to the Federal Trade Commission on the use of Social Security numbers (SSN) in the private sector. It stated that rather than reducing identity theft, the implementation of an “alternate SSN” would just create a new vehicle for identity theft. AFSA believes that any resolution of the current concerns about SSNs must focus on ID theft itself, not the form of ID that is being stolen. For further information, please contact Matt Gannon, Director of Federal Government Affairs, at 202-776-7301 or mgannon@afsamail.org.
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Register Now and Hear WSJ’s John Fund at SGA Forum!
Scheduled for lunchtime on Wednesday, September 26, John Fund will give his State Government Affairs (SGA) Forum audience an assessment of the political landscape as well as other factors affecting the financial services industry. Mr. Fund is a columnist for the “Wall Street Journal,” and writes “On the Trail” for the Journal’s Web site. He is also a commentator on the 24-hour cable news channels CNBC and MSNBC. In addition, his editorials on Congressional reform led the Capitol Hill newspaper “Roll Call” to dub him “the Tom Paine of the modern Congressional reform movement.” Mr. Fund served as an analyst for the California State Legislature before beginning his journalism career as a reporter with syndicated columnists Rowland Evans and Robert Novak. He is the author of several books, including “Stealing Elections: How Voter Fraud Threatens Our Democracy.” Please visit www.afsasga.com for registration information.
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Nominate Your Choice for the AFSA “Merit Manager” and “Lifetime Achievement Awards” Now
Now’s the time to select your candidates for recognition at the 2007 Annual Meeting & Leadership Conference, which will be held October 28-30, 2007, in San Diego. The “Merit Manager Award” recognizes AFSA member company employees who have demonstrated outstanding abilities in branch management. All nominees are winners... there’s no voting process! The “Lifetime Achievement Award” recognizes AFSA member company employees who have been with a branch office for twenty years or more, providing outstanding service to the branch and its customers.
Merit Managers and Lifetime Achievement Award recipients will be honored at a special awards breakfast and leadership luncheon on Monday, October 29h. The breakfast is reserved for award recipients, their spouses and/or companions and affiliated company representatives. The luncheon, however, is open to all conference attendees.
As part of the participation in the awards program, sponsoring finance companies agree to provide their Merit Manager and/or Lifetime Achievement award recipients with an all-expense paid trip to the AFSA Annual Meeting & Leadership Conference. AFSA provides the award recipient and his/her spouses/guest with a complimentary registration, however. For more information, please contact Sheilah Harrison, Vice President, Membership Services at (202) 466-8602 or e-mail sharrison@afsamail.org
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John Snow to Speak at the AFSA ’08 Vehicle Finance Conference
Former U.S. Treasury Secretary, John Snow, will be among the marquee speakers at the American Financial Services Association (AFSA) twelfth Vehicle Finance Conference and Exposition scheduled for February 6-8, 2008, in San Francisco. Snow, who is currently Chairman of Cerberus Capital Management, is set to speak at approximately 9:00 a.m. on Friday, February 8. For more information, see the press release posted on the AFSA Web site.
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Auto Finance Teams Possible
Detroit Free Press (08/28/07) Higgins, Tim
Since Chrysler Financial and GMAC have been acquired by Cerberus Capital Management, Chrysler CEO and president Paul Knauss says there are prospects for a partnership between his company and GMAC. Knauss says that Chrysler will be unlikely to have a timely merger with GMAC due to the fact that its current separation from DaimlerChrysler Financial Services is taking up to six months. "What I do see, though, is opportunity -- since we're somewhere in the same family," Knauss says. Half of DaimlerChrysler's reported $2.3 billion in operating profits in 2006 was said to have originated from leases and loans on Chrysler vehicles. Chrysler is also overhauling measures to allow customers close their leases more quickly. Morgan Keegan & Co. analyst Pete Hastings says many dealers might want to deal exclusively with Chrysler or GMAC, so there is likely potential for cross-selling some GMAC products. As a part of Chrysler's efforts to work on its relationship with dealers, they have eliminated third-party inspections so that dealers perform inspections at turn-in. This way, customers will have a faster estimate of their bills, whereas in the past such a time frame could go on for months. The automotive giant has partnered with Ford Credit, Toyota Financial Services, and Route One.
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Make Mine Subprime
Business Line (09/09/07) P. 108
Even as banks in the United States worry about subprime borrowers, lenders in India are going out of their way to woo them. Growing awareness about small and personal loans, coupled with aggressive marketing by the financial services companies, has made them consider more mainstream sources. "An increasing population of customers with younger age profiles, driven by the confidence of employment opportunities and the overall buoyant economy, has led to the emergence of new aspirations and hence new attitudes towards debt," says Sandeep Soni, Managing Director, CitiFinancial India. CitiFinancial terms subprime borrowers "near prime," and observers agree this is a growing and very lucrative segment for financial services firms. GE Money's head of personal loans, Rajeev Yadav, points out that lenders to this untapped community are basically interested in two issues: the intention and the ability to pay. "It is impossible to ascertain the intention, but the ability to pay can certainly be gauged even through weak documentation," Yadav notes.
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Home-equity Loans Dry Up; People in Credit Card Jam Look For Other Options
USA Today (09/06/07) P. 5B; Dugas, Christine
More Americans are falling behind on their card payments, and credit card delinquencies are starting to rise. One big factor is the shrinking availability of home-equity loans. Some lenders have stopped offering home-equity loans, while others have tightened lending standards so that those with less-than-perfect credit scores can't always qualify. Until recently, many Americans took advantage of their homes' value to lighten their credit card debt. Since 2001, more than $350 billion in card debt has been shifted into home-equity loans or into mortgages refinanced by homeowners, says Robert Manning, a finance professor at Rochester Institute of Technology. "With sinking home values, higher interest rates and tighter underwriting, many consumers may not be able to consolidate credit card debt," says Robert McKinley, CEO of CardTrak.com. "And paycheck-to-paycheck families with a mortgage payment that resets to a much higher rate may not be able to pay for their credit card debt." Credit cards are still available, but card issuers are growing more cautious. "They're nervous about what the mortgage problems can mean for them," says Mark Zandi, chief economist for Moody's Economy.com. "So credit card lenders are not going to tolerate missteps by a borrower."
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Chevron Selling Credit Card Businesses
Associated Press (08/31/07)
Chevron announced Friday that it had sold its consumer and commercial credit card businesses. The company's Chevron- and Texaco-branded consumer credit cards were sold to GE Money Bank, the consumer lending arm of General Electric, while its branded commercial credit card business went to FleetCor, a provider of card-processing solutions for business fleets. Under the terms of the deal, which is expected to close later this year, Chevron will continue to work with both GE Money Bank and FleetCor to oversee customer experience and brands and images of the cards.
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Banks Score Poorly in Credit Card Poll
Centre Daily Times (PA) (09/04/07) P. A9; Mitchell, Evangeline
According to Consumer Reports magazine, credit cards issued by credit unions had a higher customer satisfaction rate than those issued by banks. JP Morgan Chase, Bank of America, Citibank, Capital One, and HSCBC, that account for 80 percent of the market, all received poor ratings when compared to credit unions. Consumer Reports executive director Greg Daugherty says a possibility for the disparity in scores could be attributed to credit unions' tendency to have better customer relations and consequently be "more consumer-friendly than big banks." The online survey was based on 36,298 responses, assessing 21 issuers in terms of billing issues, rate increases, and the issuer's ability to resolve problems. Scores were given in categories of fairly well satisfied (60), very satisfied (80), and completely satisfied (100). Though credit unions have expanded their membership base, the two CUs that scored highest have tight membership restrictions: USAA Federal Savings, with a score 95, limits membership to military, retired military personnel, and their families; and the Navy Federal Credit Union, scoring 93. Providian card, scoring 61, ranked at the bottom of the list; a majority of Providian cards are now issued under the Washington Mutual name.
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CUs Continue Selling Off Cards
Credit Union Journal (09/03/07) P. 13
Brookwood Capital reported that 35 credit unions with over $1 million in outstanding balances sold their portfolios in the first half of 2007. For the year, total balances sold were $233 million while portfolios sold for the first half totaled $6.7 million. AssetExchange noted that of nearly 2,050 credit unions with credit card portfolios totaling $1 million or more, CU credit cards have gained market momentum. From June 2006 to June 2007, card balances have increased about 10 percent while the number of CU cards in circulation increased. During the same period, credit card assets grew twice as quickly as credit union assets, at a rate of 6.5 percent.
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Debit Volume Grows With Link to College ID Cards
American Banker (09/06/07) Boyer, Meghan
Transaction volumes for open-loop and closed-loop cards associated with colleges and universities has been growing in recent years as more schools adopt the cards, according to Tim Sloane, the director of debit advisory service at Mercator Advisory Group. Open-loop cards associated with colleges and universities accounted for $400 million of transactions in 2006, while closed-loop cards accounted for $13.6 billion. Among the colleges and universities that have adopted closed-loop cards is Slippery Rock University in Slippery Rock, Pa. The university partnered with Heartland Payment Systems and Central National Bank and Trust to issue contactless identification cards linked to a PIN-based, FDIC-insured prepaid account to its 9,500 students, faculty, and staff. The cards, along with adhesive electronic tags that can be placed on cell phones or other items, can be used to pay for purchases at on-campus merchants, vending machines and ATMs, as well as at off-campus merchants that work with Heartland Payment Systems. Meanwhile, Truman State University in Kirksville, Mo. has begun issuing identification cards that double as debit cards to its students, faculty and staff. The open-loop, Visa-branded debit cards can be used at all ATMs and merchants that accept Interlink.
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Congress Takes Up Mortgages
Wall Street Journal (09/06/07) P. A7; Hagerty, James R.; Scannell, Kara; Lueck, Sarah
Senate Banking Committee Chairman Christopher Dodd (D-Conn.) will introduce legislation that aims to curtail predatory lending by prohibiting prepayment penalties on subprime loans, making it illegal for lenders to write subprime mortgages for prime borrowers, and banning yield-spread premiums (YSPs) on subprime mortgages. Mortgage Bankers Association Senior Vice President Kurt Pfotenhauer believes YSPs can be used by unscrupulous lenders to lock borrowers into high-cost mortgages, yet stops short of supporting a ban. Pfotenhauer notes that rising defaults and foreclosures have pushed anti-predatory lending initiatives into the spotlight, but he insists that getting a bill passed "isn't a slam dunk."
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Conventional Mortgage Has Lenders Competing
Wall Street Journal (09/06/07) P. D6; Mincer, Jilian
Mortgage lenders have soured on subprime and jumbo mortgages, but the market for conventional mortgages remains strong. There is still plenty of cash to offer to borrowers who have excellent credit and want conventional fixed-rate mortgages because "investors are willing to invest in these sectors," says Joe Rogers, executive vice president at Wells Fargo Home Mortgage. Lenders are competing for borrowers who have good credit and a down payment by waiving fees, offering competitive interest rates, and by negotiating on rates. Rates have dropped over the past three months, and Bankrate.com reported Wednesday that its benchmark 30-year fixed-rate slipped to 6.5 percent.
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Mortgage Servicers Urged to Reach Out
Boston Globe (09/05/07)
The Federal Reserve, the Federal Deposit Insurance Corp., and other federal banking regulators are encouraging mortgage servicers to help cash-strapped borrowers stay out of foreclosure. In addition to helping borrowers refinance into fixed-rate products, servicers are urged to use such loss-mitigation tools as loan modifications and payment deferrals. These strategies typically are less expensive than foreclosure, and servicers should contact borrowers nearing default to determine which would best meet their needs. Regulators believe such steps are necessary as 14 percent of subprime mortgages will experience a rate increase by 2009, but there are concerns that mortgage securitizations can complicate loan modifications.
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CNW Research Reports on August Market Conditions
Subprime News (09/04/07) Reed, Jennifer
CNW Research described the month of August as a "mixed bag" of "good and bad" economic news for the automotive industry. On the positive side, average MSRP for vehicles sold during the 31-day period rose from $31,149 in July to $31,168. That was the first month-to-month uptick since June. Due to larger incentives, though, average transaction prices fell and the floor-traffic index dipped from 114 to 111. CNW Research's Art Spinella comments, "Numbers also varied widely by manufacturer. Retail deliveries, excluding fleet and commercial acquisitions, dropped a serious 6.1 percent versus July, while the Jitters Index remained flat after a few months of increases." Spinella further noted that independent lease firms are losing market share to captives, which means that total lease share remains flat even with captives recording increases. Finally, Spinella reports that incentives were provided on 62 percent of vehicles sold in the U.S. last month versus 61 percent in July.
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Federal Financial Regulatory Agencies and CSBS Issue Statement on Loss Mitigation Strategies for Servicers of Residential Mortgages
StreetInsider.com (09/04/07)
The federal financial regulatory agencies and the Conference of State Bank Supervisors (CSBS) on Tuesday issued a statement encouraging federally regulated financial institutions and state-supervised entities that service securitized residential mortgages to review to determine the full extent of their authority under pooling and servicing agreements to identify borrowers at risk of default and pursue appropriate loss mitigation strategies designed to preserve homeownership. Significant numbers of hybrid adjustable-rate mortgages will reset throughout the remainder of this year and next. Many subprime and other mortgage loans have been transferred into securitization trusts that are governed by pooling and servicing agreements. These agreements may allow servicers to contact borrowers at risk of default, assess whether default is reasonably foreseeable, and, if so, apply loss mitigation strategies designed to achieve sustainable mortgage obligations. Servicers may have the flexibility to contact borrowers in advance of loan resets. Appropriate loss mitigation strategies may include, for example, loan modifications, conversion of an adjustable rate mortgage into a fixed rate, deferral of payments, or extending amortization. In addition, institutions should consider referring appropriate borrowers to qualified homeownership counseling services that may be able to work with all parties to avoid unnecessary foreclosures.
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Housing Woes Heighten Pressure to Address Credit Markets, Foreclosures
Congressional Quarterly Today (08/31/07) Crittenden, Michael R.
Lawmakers are unsure what action to take in regards to the credit crunch sparked by problems in the housing market. Senate Banking, Housing and Urban Affairs Committee Chairman Christopher Dodd (D-Conn.) is pushing for legislation that would revamp the Federal Housing Administration as a means of helping cash-strapped mortgage borrowers, as well as a separate bill that would beef up oversight of Fannie Mae and Freddie Mac. Meanwhile, House Financial Services Committee Chairman Barney Frank (D-Mass.) held a hearing on the turmoil in the credit markets for Sept. 5. However, trade groups says investors' concerns could be heighten if lawmakers do not act with caution. According to the American Financial Services Association's Bill Himpler, "Congressional activity, unless they hit a direct bulls-eye, does have the potential to cause further problems. As nervous as people are in the markets, just having a hearing could exacerbate that, depending on what is said."
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Bush to Propose Aid to Mortgage Holders
Los Angeles Times (08/31/07) Petruno, Tom
President Bush wants to address problems in the mortgage industry by enabling the Federal Housing Administration to insure loans for borrowers who are delinquent on their payments and by raising the agency's ceiling for insuring loans to $417,000 from $362,790. In addition to the FHA-related proposals, which would help troubled borrowers refinance and allow more high-risk buyers to take advantage of better terms, Bush plans to temporarily suspend the tax on mortgage debt forgiven by a lender to help borrowers work out lower loan balances and payments to avoid foreclosure. The proposals, which have not been formally revealed, "would empower the [FHA] to reach more families that need help--those with low incomes, blemished credit records or little savings--and offer more options to homeowners looking to refinance their existing mortgage," according to a senior official in the Bush administration. In the past, Bush has ruled out raising the limits on the mortgage portfolios of Fannie Mae and Freddie Mac.
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Groups Give Fed Conflicting Views on Mortgage Practices
American Banker (08/30/07) Hopkins, Cheyenne
As it prepares to issue a rule under the Home Ownership and Equity Protection Act to curtail predatory lending, the Federal Reserve has received comment letters from the banking industry and consumer groups calling for different approaches. Banking organizations are pushing for improved disclosures but have expressed concern about the impact of prohibiting certain practices on the overall market; while consumer interests want stricter underwriting standards, requirements that lenders set aside property taxes and insurance premiums in escrow, and bans on prepayment penalties and stated-income loans. Bill Himpler, executive vice president of federal affairs for the American Financial Services Association, wrote in an Aug. 15 letter that the "vast majority of delinquencies and foreclosures are not related to particular loan terms or products, but are due largely to the same factors that have led to delinquencies and foreclosures historically: job losses, divorce, and medical problems."
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Executive Puts Rival's Patent to the Test
New York Times (08/30/07) P. C5; Bowers, Brent
AmeriMerchant CEO David Goldin won a patent ruling in August that invalidated a patent held by a rival cash advance business, which had accused AmeriMerchant of infringing on its patent. After much research, Goldin was able to persuade the United States District for the Eastern District of Texas to invalidate AdvanceMe's patent that covered a method of providing cash advances to merchants in exchange for receiving a percentage of their future credit card receipts. The patent ruling was one of the first to apply a recent Supreme Court decision that makes it harder to obtain patents on products created by using existing patents. "It's a victory against patent trolls," Goldin says. "The days of coming up with an obvious idea and patenting it and using legal extortion are over." Goldin launched AmeriMerchant as a credit card processing company in 2002, but became a referral agent for AdvanceMe in 2005 to pursue the business of cash advances to merchants. After meeting with AdvanceMe executives, Goldin learned the company had a patent for the collection method. Goldin turned down an offer to license the method, and instead set out to prove that the practice had been in use for years. AdvanceMe CEO Glenn Goldman says his company has appealed the court's ruling. "Although we feel vindicated that the court found clear infringement of our patent by each of the defendants, we respectfully disagree with the court's findings on validity," Goldman wrote in an email.
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New Ties Found to Link Lenders and Colleges
New York Times (09/05/07) Glater, Jonathan D.
A recent Senate Education Committee report unveiled by Sen. Edward M. Kennedy (D-Mass.) revealed further ties between student loan lenders and colleges. In several emails between colleges and lenders, and among student lender employees, gift requests were made by colleges for intramural sports programs, dinners, and other functions and lenders offered gifts and other donations as a way to maintain their preferred lender status at many facilities. In some cases, lenders even provided schools with financial aid office staff. Sen. Kennedy stated, "The findings of the report underscore the urgent need for reform of the student loan system." Congress continues to assess the student loan industry and has bandied about several reform proposals, including one that would limit federal subsidies to lenders within the federal student loan program. Other proposals would ban gifts and donations from lenders to colleges and universities and their employees. Meanwhile, several lenders, including J.P. Morgan Chase, signed onto New York Attorney General Andrew Cuomo's code of conduct and ceased gift giving practices. New Jersey Attorney General Anne Milgram also has developed a similar code of conduct, which colleges and universities could adopt voluntarily.
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Wells Fargo Targets Teens With New Checking Account
Business Journal (San Jose) (09/04/07) Calvey, Mark
Wells Fargo will offer Teen Checking, designed for 13- to 17 year-olds, in conjunction with an adult co-owner. Teen Checking provides a free savings account and access to online banking, so parents can monitor spending and teens can manage their accounts. The account also offers checking alerts sent via email or text messages when withdrawals are made or balances fall below a specific amount, in addition to setting a daily spending limit. Wells Fargo says the checking initiative was created to help parents teach their children financial literacy.
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Car Sales Are Latest Subprime Casualty
Columbus Dispatch (OH) (09/02/07) P. 1A; Trowbridge, Dennis
The subprime lending troubles that have hurt Ohio's housing sector and created an abundance of foreclosures seem to be affecting the auto industry as well. "Consumers are cutting spending on anything that isn't a necessity," explained consumer-finance specialist Christopher Keating of the Minneapolis-based research company Iconoculture. As individuals struggle with increasing mortgage payments and steeper energy costs, they are scaling back on purchasing large-ticket items, including cars, he stated. The National Automobile Dealers Association reported that sales of new cars could decline from 16.5 million last year to 16.1 million this year. New-car sales in July 2007 were 12 percent less than in July 2006. Standard & Poor's analyst Mark Risi echoed Keating's statements, noting that larger mortgage payments each month means consumers have less funds for other bills, including car payments. Meanwhile, J.D. Power senior director of auto finance and insurance David McKay decreed: "The economics that drove subprime consumers to default on their home loans -- rising interest expense for credit cards and home loans, higher energy costs, lower home values and wage stagnation -- will pressure these consumers to pay for their vehicle loans."
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Rep. Gillmor, Backer of ILC Curbs, Dies
American Banker (09/06/07) Adler, Joe
Rep. Paul Gillmor (R-Ohio), a prominent proponent of curbs on commercially owned industrial loan companies, died September 4, in the evening at his Washington-area home. Initial reports Wednesday identified a heart attack as the probable cause of death of the 68-year-old Republican ranking member on the House Financial Services Committee. The absence of the 10-term congressman could slow momentum for the ILC legislation that he spearheaded with committee Chairman Barney Frank, D-Mass. Rep. Gillmor strongly advocated a clear line in separating banking and commerce, and his resistance hardened when Wal-Mart Stores Inc. applied to form a Utah ILC in 2005.
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Car Seller Links With Online Texas Auto Loan Provider
Tampa Bay Business Journal (09/04/07)
Payless Car Sales will now offer an online auto finance center at www.PaylessCarSales.com. The company hopes that the myAutoloan.com software will abet dealer sales and provide greater customer satisfaction. Payless Car Sales, a Avalon Global Group subsidiary, was created to provide an outlet for Payless Car Rental's scrapping of rental vehicles. According to a company release, customers will be able to secure op to four loans from the new Web site.
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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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