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January 10, 2008




AFSA Releases Federal Legislative Priorities for 2008
FCC Clarifies Telephone Consumer Protection Act for Creditors
AFSA Preparing Comments on Proposed HOEPA Rules



Interview With GMAC's Don Ferguson





S&P Sees Holiday Lift From Gift Products
Poll: Paying Down Debt Lower Priority
Industries Want U.S. to Eliminate Credit-Card Interchange Fees
Treasury Plans Social Security Debit Card




Gov's Plan Is One to Bet On
Most Lenders Accept Tough New Mortgage Rules in Mass.
Lawsuit by City Targets Lender
Calif. Bill Asks for Monthly Loan Report
Registry Goes Live
Personal Bankruptcy Filings Rise 40 Percent




At Last, a Bank of Your Own
Late Payments on Loans Hit a Post-2001 High




Nissan Collaborates With Dongfeng
RouteOne Reports Increased Partners, More Non-Captive Traffic
New Year, Old Challenge: Focus Will Be on Income
Full Slate of Issues Await Sen Dodd in Return to Washington





AFSA Releases Federal Legislative Priorities for 2008

AFSA has compiled its most pressing federal legislative priorities of 2008 based upon their likelihood of impacting the association’s membership. AFSA’s federal government affairs department will focus on these matters throughout the year, while staying on top of other legislative issues as they arise.

Among AFSA’s “top ten” 2008 federal legislative priorities are risk-based pricing; opposing new changes to the recently reformed bankruptcy code; supporting arbitration; protecting consumers against unfair and deceptive practices in mortgage lending while still allowing for product innovation; and supporting reform of the government-sponsored enterprises.

The priority list also includes: stressing the value of credit card options; maintaining the viability of electronic payment systems; data security; emphasizing the value of social security numbers to the financial services industry for its operations; and supporting the availability of industrial bank charters.
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FCC Clarifies Telephone Consumer Protection Act for Creditors

AFSA is reviewing the Federal Communications Commission’s (FCC) declaratory ruling on Dec. 28 that addressed the Petition for Expedited Clarification and Declaratory Ruling filed by ACA International (ACA) in October 2005. AFSA commends the FCC for issuing a ruling, which clarified that autodialed and prerecorded message calls to wireless numbers provided by the called party to a creditor in connection with an existing debt are permissible as calls made with the “prior express consent” of the called party.

ACA had requested the ruling to remove uncertainty and clarify that the FCC’s 2003 amendments to the Telephone Consumer Protection Act (TCPA) regulation did not alter the FCC’s previous findings that the TCPA’s automatic telephone dialing system restriction does not apply to creditors and collectors when calling telephone numbers to attempt to recover payments for goods and services received by consumers. In May 2006, AFSA had written to the FCC supporting ACA’s petition.
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AFSA Preparing Comments on Proposed HOEPA Rules

On Jan. 9, the “Federal Register” published the Federal Reserve Board’s proposed changes to Regulation Z under the Home Ownership and Equity Protection Act (HOEPA) to protect consumers from unfair or deceptive home mortgage lending and advertising practices. Comments on the proposed rules, which were first announced on Dec. 18, are due on April 8.

AFSA will submit a comment letter, and will hold a conference call on Tuesday, Feb. 5 at 2 p.m. EST to obtain member company input. If you would like to participate in the planning call, please contact Celia Winslow at cwinslow@afsamail.org or 202-776-7300.
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Interview With GMAC's Don Ferguson
Black Enterprise (01/08)

General Motors Acceptance Corp. director of advertising and relationship marketing Don Ferguson, whose company is a member of the American Financial Services Association, continues to raise consumer awareness regarding periodic checks of credit reports through SmartEdge seminars. Ferguson says he is amazed by the number of people unaware that they should check their credit reports yearly. Ferguson urges consumers to check reports for mistakes and to report them to reporting agencies and creditors as soon as they are uncovered, because most mistakes can be corrected. Consumers should also be wary of fraud and identity theft, which have become more prevalent over the years.
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S&P Sees Holiday Lift From Gift Products
American Banker (01/07/08) Vol. 173, No. 4, P. 7; Wade, Will

Standard & Poor's (S&P) says figures from 2007 holiday sales may improve after gift card sales are added. Retailers expect about 25 percent of gift cards to be redeemed a week after Christmas, and another two-thirds will be cashed in by the end of January. "While lackluster holiday sales this season have led to the belief that it could be the worst in five years, we believe that all hope is not lost, and gift cards could provide a silver lining," says S&P analyst Mark Basham.
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Poll: Paying Down Debt Lower Priority
American Banker (01/04/08) P. 5; Wolfe, Daniel

A report issued by TransUnion indicates that consumers' level of interest in paying down debt has flagged between this year and last year, with 17 percent of respondents listing paying down debt as their top resolution for 2008, versus 22 percent in 2007. The report also found that finances are of greater concern to younger people than older people. Nineteen percent of respondents age 35 to 49 said making their mortgage payments was a concern to them, compared to 14 percent of all consumers polled. One in four respondents failed to make the deadline for at least one bill last year, according to the study. Their salary or making nonmortgage bill payments constituted respondents' biggest financial concerns for 2008. "The drop in priority for paying down debt may be an indication that more consumers are struggling today just to maintain their financial status quo," stated TransUnion's Lucy Duni.
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Industries Want U.S. to Eliminate Credit-Card Interchange Fees
Munster Times (IN) (01/04/08) Holecek, Andrea

The European Commission's ban on MasterCard's credit card interchange fees in December and its directive that those fees be eliminated within six months has spurred industry momentum to have such fees outlawed in the United States, where they average 2.14 percent of a transaction. "Most people suspect that the [EC] ruling will have an effect in the legal battles going on here," says the Food Marketing Institute's Kathleen Thomas. Over $36.3 billion in interchange fees were levied in the United States in 2006, and in 2007 those fees could exceed $40 billion. Hearings on interchange fees are being held by congressional panels such as the U.S. Senate Judiciary Committee, the Senate Banking Committee, the Senate Permanent Subcommittee on Investigations, and the House Judiciary Committee Antitrust Task Force. "We're waiting for Congress to proceed further," Thomas says. Almost 30 associations, representing a wide swath of businesses that accept debit and credit cards, have organized into the Merchants Payments Coalition, a group that is opposed to current interchange fees and their manner of application. Coalition Chairman and National Retail Federation general counsel Mallory Duncan says congressional focus on the issue is starting to draw insights on a "broken system."
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Treasury Plans Social Security Debit Card
Wall Street Journal (01/04/08) P. A4; Laise, Eleanor

The Treasury Department is ready to introduce the Direct Express debit card, a prepaid debit card for Social Security and Supplemental Security Income recipients who do not have a bank account. The card is a component of a broader Treasury initiative to migrate to electronic payments. "We've been working for a while to try to understand the needs of the unbanked," says Treasury's Judith Tillman. "Combine that with problems we've seen with financial crimes and identity theft, problems with forged checks and stolen checks and so on--the debit card seemed like the right answer." Comerica Bank will serve as the card's issuer, and the card will debut in a handful of states in the spring and be rolled out nationwide by the end of the summer. Cardholders would have faster access to their money and avoid stolen checks and other security problems, while Treasury and banking experts say the product could yield substantial cost savings for beneficiaries and the federal government. Social Security retirement, disability and survivor benefits, and SSI benefits will be automatically loaded onto the card account on the designated payment day for beneficiaries who sign up for the debit card, which can be utilized at bank branches, retail sites, ATMs, and online. Cardholder fees, interchange fees when cardholders employ the card at the point of sale, and the float on funds sitting in cardholders' accounts will earn money for Comerica.
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Gov's Plan Is One to Bet On
New York Daily News (01/10/08) Louis, Errol

In his recent State of the State address, New York Gov. Eliot Spitzer called for legislation that aims to reform the banking industry and reduce foreclosures. Under the bill, mortgage brokers would be compelled to disclose all fees and future interest rate increases and act in a borrower's best interest. Additionally, brokers would be prohibited from nudging borrowers eligible for prime mortgages into subprime loans. Borrowers in the early stages of default would receive notices from their lenders that provide contact information for government-approved financial counselors. Furthermore, the bill would institute a formal definition of mortgage fraud and impose criminal penalties for violators.
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Most Lenders Accept Tough New Mortgage Rules in Mass.
Boston Globe (01/10/08) Appelbaum, Binyamin

The largest lenders in Massachusetts continue to do business in the state after the toughest restrictions on the mortgage industry in the nation took effect on Jan. 2, 2008. Loan originators now must operate under a "reasonable belief" that a loan is affordable, more documentation is required about a borrower's income, and mortgage brokers can no longer receive a bigger bonus for selling a more costly loan. Some critics of the new regulations had predicted that mortgage lenders would pull out of the state; but 19 of the 20 largest lenders remain, and many have adopted very broad policies to help ensure that they remain in compliance. California-based IndyMac, the 14th biggest lender in Massachusetts last year, stopped making loans at the end of 2007; and New Jersey-based Freedom Mortgage, a smaller lender, says it plans to exit the state at the end of the month. Both have complained about ambiguity in the new rules.
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Lawsuit by City Targets Lender
Baltimore Sun (01/08/08) Fritze, John

The city of Baltimore is expected to file a "reverse redlining" lawsuit in U.S. District Court accusing Wells Fargo Bank of targeting black home buyers by selling them subprime mortgages that carried higher interest rates than the home loans of white borrowers. In the potentially groundbreaking legal action, Baltimore will seek to recover tens of millions of dollars the city has lost in the form of unrealized property tax revenue, additional police and fire protection, and legal costs as a result of its foreclosure crisis. More than 33,000 homes in the city have faced foreclosure filings since 2000, and the lawsuit cites data indicating that the number of properties across the country in some stage of foreclosure rose 30 percent to 450,000 in the third quarter of 2007. Wells Fargo spokeswoman Debora Blume says the company does not comment on pending litigation but read a statement that said, "We do not tolerate illegal discrimination against, or unfair treatment of, any consumer."
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Calif. Bill Asks for Monthly Loan Report
American Banker (01/08/08) P. 4; Blackwell, Rob

In California, a bill introduced by Assembly Banking and Finance Committee Chairman Ted Lieu would mandate loan modification and workout reports from state-regulated lenders every month. The submissions would spell out what types of modifications were made during the prior two months and the type of loans being modified as well as the number of past due loans, the number of loans in foreclosure, and the number of delinquencies occurring within three months of interest-rate resets. According to Lieu, "If these programs are what they're supposed to be, the lenders should be proud to report this data and show what a good job they're doing. If they're not, we're going to shine a light on them."
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Registry Goes Live
National Mortgage News (01/07/08) Vol. 32, No. 14, P. 1; Sichelman, Lew

On Jan. 2, a Web-based mortgage licensing system was unveiled by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators. Seven states are participating in the initial launch of the system, which streamlines and computerizes state licensing of brokers and mortgage lenders. The new tool will also help regulators identify and pursue brokers with predatory lending practices, including rogue brokers that travel from state to state. "The system will create efficiencies, drive uniformity, and increase accountability," explains William Matthews of CSBS. To date, forty states' agencies have pledged to adopt the new system. However, the National Association of Mortgage Brokers argues that the system will be costly and arduous to implement; the association has also questioned why only brokers, and not all originators, are being targeted.
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Personal Bankruptcy Filings Rise 40 Percent
Washington Post (01/04/08) P. D7; Zibel, Alan

A new report by the National Bankruptcy Research Center and the American Bankruptcy Institute reveals a 40 percent surge in personal bankruptcy filings nationwide to more than 800,000 in 2007 from more than 573,000 the prior year. Experts attribute the increase to higher mortgage payments and unemployment, among other financial problems, and American Bankruptcy Institute executive director Samuel Gerdano expects filings to rise further. Bankruptcy judges only have the authority to modify terms on second mortgages, but Democrats have proposed legislation that would allow them to do so for primary mortgages as well, a move they insist could keep over 500,000 borrowers out of foreclosure. However, Republicans and the mortgage industry have expressed concerns that lenders would be hesitant to write mortgages if such a bill is passed.
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At Last, a Bank of Your Own
Barron's (01/07/08) Hogan, Mike

Mezzanine financing through person-to-person (P2P) lending Web sites can garner larger returns than some money-market accounts, according to experts. Many of these Web sites also provide identity verification, credit checks, funds maintenance, funds transfer, and collections for a small percentage of the loan or a flat fee as low as $10. Experts say money-market accounts that earn up to 6 percent pale in comparison to the up to 17 percent these P2P sites provide users, and many applaud the transparency and automation of these Web sites. Javelin Strategy and Research reports these sites can help Americans pay down credit card debt. In addition, these user-friendly sites are likely to help reduce loan costs and foster friendlier terms for borrowers. Some P2P sites, however, merely provide structure to lending for pre-existing relationships, such as loan documentation, payment schedules, and collections.
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Late Payments on Loans Hit a Post-2001 High
Boston Globe (01/04/08)

The consumer loan delinquency rate edged up to 2.44 percent in the third quarter from 2.27 percent in the second quarter. Economist James Chessen says many of the delinquencies are associated with mortgages, and he expects late payments on housing-related consumer loans to register an increase in the fourth quarter as well. The report shows a rise in delinquencies on home equity credit lines to 0.84 percent from 0.77 percent during the same period, in addition to a jump in the home equity loan delinquency rate to a two-year high of 2.28 percent. Bankrate.com senior financial analyst Greg McBride says home and auto loans have not fared as well as credit cards because their payments are fixed, while credit cards offer borrowers some payment flexibility.
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Nissan Collaborates With Dongfeng
Auto Business News (01/10/08)

Nissan Motor Co. and Dongfeng Motor Group Co. of China are together planning to establish an auto financing company in Shanghai. Dongfeng Nissan Auto Finance Co. will provide auto loans to Nissan and Infiniti customers, as well as inventory financing for Nissan and Infiniti dealers in China.
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RouteOne Reports Increased Partners, More Non-Captive Traffic
Subprime News (01/08/08)

RouteOne says its Web-based credit application management system has signed 250 finance sources so far this year. The statistic marks a 75 percent improvement from the same period in 2007. RouteOne CEO Mike Jurecki praised the achievement, saying, "the tremendous growth in the number of finance sources available within such a short period of time shows that finance sources recognize the value RouteOne provides them and their dealer customers." RouteOne provides an array of tools to help dealers manage their daily business operations. Dealers also use the Web channel to forward applications to non-captive finance sources.
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New Year, Old Challenge: Focus Will Be on Income
Credit Union Journal (01/07/08) Vol. 12, No. 1, P. 14

Former National Credit Union Administration Chairman Dennis Dollar predicts that already-restricted credit union margins are going to be even tighter this year. While he says he does not know what the end-of-year ROA will be for the entire industry, he thinks it will be nearer 70 basis points than 100 basis points. He concedes, though, that capital "is at an all-time high," and emphasizes that capital will help navigate the market through challenging periods. Dollar also predicts a rise in deposits this year. In addition, he feels there will be "some increase" in personal lending in 2008, including used car loans. Due to the economy, he explains, Americans who would have been purchasing a new vehicle will instead purchase a used one. The California Credit Union League's Terrin Mendivil concurs with Dollar on numerous points, including forecasting a drop in auto loans. She adds that credit unions will find that auto lending will remain weak this year.
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Full Slate of Issues Await Sen Dodd in Return to Washington
Dow Jones Newswires (01/04/08)

Senate Banking Committee Chairman Chris Dodd (D-Conn.) returns to Capitol Hill this week after dropping out of the presidential race due to a nearly non-existent showing in Iowa. With Dodd's return, a number of pressing issues are expected to be addressed. One of the first bills on tap is one that would ban commercial and retail companies such as Harley Davidson and Home Depot from owning industrial banks. If the ban passes the committee, which it may do in January, it will go to the floor of the Senate. A similar bill has already passed in the House. In the meantime, the Federal Deposit Insurance Corp. has frozen all retail bank applications until Jan. 31 to give legislators time to decide the issue. Even after the ban is lifted, it will take several months for any of the applications to be processed.
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Abstract News © Copyright 2008 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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