Research & Policy

Dear Coalition Supporters, This update covers important predatory lending developments over the past few months, including action at the NC General Assembly, challenge of the payday rule in Congress (spoiler, we won!), threats to our state usury cap, rollback of federal student loan protections, and recent CRL research. NC General Assembly: What Happened? House Bill 810, backed by the NC-based BB&T, would have tripled the origination fee on consumer loans issued by NC-chartered banks to $150, and could have more than tripled the late fee by increasing the fee to $35. Most worrisome was the...

An application to file brief and brief of amici curiae, Center for Responsible Lending, National Association of Consumer Advocates, Public Citizen Inc, and Public Good Law Center in support of applelants, Eduardo de la Torre, et al.

A recent poll conducted by Lake Research Partners and Chesapeake Beach Consulting shows overwhelming concern among voters regarding the level of student debt. Across parties, a majority of voters agree that the amount of student loan debt represents a crisis, with 71% of Democrats, 67% independents, and 57% of Republicans in agreement. Almost three in five independents (58%) strongly agree, as do 57% of Democrats and 47% of Republicans. Download the poll results.

According to new data released recently by the FDIC, the largest banks in America collected $11.45 billion in overdraft and non-sufficient funds (NSF) fees from American consumers in 2017, an increase of approximately $10 million over the 2016 total. Overdraft fees often impose a great burden on those already living paycheck to paycheck, struggling to make ends meet. Typically, a small proportion of bank account holders pay a large proportion of total overdraft fees. Since 2015, the FDIC has collected and released information about these controversial penalty fees from banks that have $1...

We urge NCUA to make no changes to the payday alternative loan (PAL) program that would increase the likelihood that credit union members end up in cycles of high-cost, short-term loans that resemble payday loan debt. Most critically, we strongly oppose permitting more than six application fees in twelve months as proposed for PAL II. We also oppose permitting 28% interest on loans as large as $2,000, dropping the minimum loan size, and proposing a PAL III program that would permit even more expensive or larger loans or weaker underwriting. Finally, we urge NCUA to address abusive overdraft...

We thank NCUA for its efforts to protect credit union members from payday loans. In recent years, the number of federal credit unions (FCUs) we are aware of engaging in payday lending, either directly or indirectly through credit union service organizations (CUSOs), has decreased to a single FCU. And through both its regular rules and its PAL program, NCUA has encouraged FCUs to offer small dollar installment loans that can be significantly cheaper than payday loans. Continue reading the letter...

The “Stop Overdraft Profiteering Act of 2018,” introduced by Senators Booker and Brown, would address extremely high-cost overdraft fees financial institutions charge on checking accounts. Banks’ overdraft practices exploit the financially vulnerable, leaving them worse off and driving many from the banking system altogether. The bill would establish reasonable safeguards for checking account holders; restore transparency to the checking account market; and ultimately encourage banks to expand responsible small dollar loan offerings rather than perpetuate this harmful practice.

Lump sum single balloon payment payday loans with a two-week term have historically dominated the payday loan market. A shift in recent years, due to regulatory or industry changes, has been for payday lenders to make payday loans with longer terms due in multiple installment payments, each due on or around the borrower’s payday. Payday lenders often market these products as a better, more affordable option, even though longer-term payday loans carry triple-digit interest rates, require access to a borrower's bank account to extract payments, and are made with little to no assessment of the...

Voters of all political parties overwhelmingly oppose the actions taken by Mick Mulvaney to undermine the mission of the Consumer Financial Protection Bureau (CFPB) and feel a strong connection between lax enforcement of the rules on Wall Street and their daily welfare, according to a new poll release by Americans for Financial Reform (AFR) and the Center for Responsible Lending (CRL). Ten years after the 2008 financial crisis brought on a searing recession, the survey revealed enduring, strong, and bipartisan support for tougher regulation of Wall Street and predatory lenders. Conducted by...

In response to the Education Department’s stated interests to end an 18-year old departmental practice of sharing information with law enforcement officials, the Center for Responsible Lending recently wrote comments urging Secretary Betsy DeVos to continue the productive and long-standing exchanges. Citing recent collaborations that together returned or forgave more than $36 million to harmed consumers in just four states, CRL urged their uninterrupted continuation to continue holding bad actors in the student loan industry accountable for their unfair, illegal, deceptive and abusive...

Before the court in the above styled and numbered cause is the parties' Joint Motion for Stay of Litigation and Stay of Agency Action Pending Review filed May 31, 2018 (Clerk's Document No. 16). By the motion the parties move the court for the following: (1) a stay of this litigation pending agency rulemaking to reconsider Defendant Consumer Financial Protection Bureau's (the "Bureau") final rule on payday, vehicle title, and certain high-cost installment loans (the "Payday Rule"); (2) a stay of the compliance date set forth in the Payday Rule until 445 days after final judgment in this...

On May 31, 2018, the parties to this action filed a joint motion asking the Court to stay both this litigation and the principal compliance date of the Consumer Financial Protection Bureau (CFPB)’s regulation on payday, vehicle title, and certain high-cost installment loans, 12 C.F.R. part 1041 (“Payday Rule”), at issue in the case. In support of their request for a stay of the rule’s compliance date, the parties rely on the Administrative Procedure Act (APA), 5 U.S.C. § 705. Because section 705 does not authorize a stay in the circumstances of this case and because the Court lacks adversarial...

The marketing of for-profit colleges is ubiquitous, yet student outcomes are consistently poor. These outcomes include high dropout rates, low and unstable earnings of graduates, and heavy debt burdens that students are unable to repay, often resulting in default and ruined credit. The reliance of for-profit colleges on federal student aid dollars compounds these harms and fuels these poor student results. Over the last decade, for-profit colleges have been subject to numerous investigations in the media and at both state and federal levels for fraudulent financial aid programs, predatory...

Committee on Financial Services U.S. House of Representatives Washington, DC 20515 Re: HR 4439 (Hollingsworth), Sham Lender Bill – Oppose Dear Representative, The 120 undersigned consumer, civil rights, labor, community and legal services organizations strongly oppose HR 4439 (Hollingsworth), the so-called Modernizing Credit Opportunities Act. The bill would allow payday lenders to use the fine print of loan terms and sham rent-a-bank arrangements to make loans at 100% to 400% APR or higher in states where those rates are illegal. The bill would undercut the historic power of the states to...

Dear Coalition supporters, At a time when victories are hard to come by, please take a minute to celebrate a big win! We stopped Congress from rolling back the Consumer Financial Protection Bureau’s national payday rule. Last week, the clock ran out on efforts to use the fast-track Congressional Review Act to repeal the rule and prevent the bureau from regulating payday and car title lenders in the future. They didn’t have the votes they needed to pass H.J. Resolution 122, the payday CRA. With strong opposition from so many fronts, members of Congress realized that the price was too high to...

The undersigned organizations write to express our opposition to S. 2155, the so-called “Economic Growth, Regulatory Relief, and Consumer Protection Act,” and urge you to oppose this harmful legislation. As you know, S. 2155 passed in the Senate on March 14th. The bill already contains destructive policies that roll back or eliminate essential protections put in place by the Dodd-Frank Wall Street Reform and Consumer Protection (Dodd-Frank) Act after unchecked reckless lending nearly destroyed the US economy. Although this bill seeks to protect smaller lenders while maintaining access to...

This sign-on letter of national civil rights, faith, and consumer groups, argues that bank payday loans are high-cost debt traps, just like payday loans from non-banks. It urges the prevention of high-cost, usurious loans by banks and credit unions—whether short-term, balloon-payment payday loans (which banks sometimes call “deposit advance” loans) or longer-term high-cost installment loans or lines of credit, and regardless of whether the loans are made by banks directly or through partnerships with non-bank lenders. “Deposit advance” loans are payday loans, pure and simple, and data clearly...

In our January 2017 CRL Issue Brief, States without Payday and Car-title Lending Save $5 Billion in Fees Annually, we estimated that consumers in states without payday and car title lending save over $5 billion in fees each year – $2.2 billion in payday fees saved, plus another $2.8 billion in car title fees saved. In this earlier Issue Brief, we also estimated that consumers in North Carolina save over $457 million in payday and car title fees every year, $255 million in payday fee savings and another $202 million in car title fee savings. Of the 32 states with payday and/or car title fee...

Among Maryland voters, concern over student loan debt has reached a critical mass: 71% say student loan debt in the state is a "major problem;" 82% agree that the overall outstanding student loan debt represents a financial crisis; and 87% say the federal government should not force states to step aside when addressing the student loan crisis, but work with them, instead. Maryland voters develop a high level of concern when informed about several matters confronting the student loan industry. 86% say it's concerning when told about allegations that $4 billion was added to customers’ student...

Since 1934, the Federal Housing Administration (FHA) has played a vital role in the housing finance system. It serves as the entry point to the mortgage market for many first-time homebuyers and helped create a strong economic recovery following the Great Depression. However, in its early development, the FHA perpetuated racial discrimination in its facilitation of broad mortgage credit liquidity by favoring white borrowers and excluding African-Americans and other people of color. This discrimination is a key contributor to the differing rates of homeownership between whites and people of...

While today's hearing importantly focuses on payday lending as a civil rights concern, it occurs within the context of a two-tiered financial services system rooted in a long history of discrimination on the basis of race. Nationally, payday lenders strip away over $4 billion a year from consumers through unaffordable loans carrying annual interest rates of 300% or higher. In Rhode Island, payday lenders strip away over $7.5 million a year, through loans that average $391 and carry a 260% APR (annual percentage rate). My testimony today will describe how payday lenders have situated themselves...

Congressional Review Act (CRA) H.J. Res. 132/S.J. Res. 57 seeks to nullify the Consumer Financial Protection Bureau’s 2013 guidance addressing indirect auto lending. This guidance describes auto lenders’ responsibility, established by the Equal Credit Opportunity Act, to avoid discriminatory lending practices. Lending discrimination in the auto market, substantiated by data time and again, has long been prevalent.

Congressional Review Act H.J. Res. 132 seeks to nullify the Consumer Financial Protection Bureau’s 2013 guidance addressing indirect auto lending. This guidance describes auto lenders’ responsibility, established by the Equal Credit Opportunity Act, to avoid discriminatory lending practices. Download this factsheet for more information on these discriminatory practices.

The letter begins... We, the undersigned civil rights and consumer advocacy organizations, ask you to oppose S.J. Res. 57, the Congressional Review Act (CRA), introduced by Senator Jerry Moran (R-KS), intended to undo the Consumer Financial Protection Bureau’s (CFPB or Consumer Bureau) Indirect Auto Lending Guidance, published over five years ago. This resolution is the latest in a series of attempts to chill federal efforts to end widespread unlawful discrimination. Discrimination in the auto lending market is well-documented and results in people of color paying more for years to finance a...

The full letter begins: We, the undersigned civil rights and consumer advocacy organizations, ask you to oppose S.J. Res. 57, the Congressional Review Act (CRA), introduced by Senator Jerry Moran (R-KS), intended to undo the Consumer Financial Protection Bureau’s (CFPB or Consumer Bureau) Indirect Auto Lending Guidance, published over five years ago. This resolution is the latest in a series of attempts to chill federal efforts to end widespread unlawful discrimination. Discrimination in the auto lending market is well-documented and results in people of color paying more for years to finance...