Research & Policy

Read a condensed version of this report (PDF) Introduction For too long the responsibility for protecting consumers has been fragmented among various federal regulators whose primary focus was the safety and soundness of the banking system. Consumer protection often went neglected, if anything, an afterthought or a box to check. Federal regulators' failure to restrain abuses that led to today's credit crisis demonstrates the need for a single agency focused on protecting consumers to ensure financial institutions flourish in a sustainable way. To succeed in protecting consumers, this agency...

Download the complete report >> (PDF, 31 pp.) Download the executive summary >> (PDF 4 pp.) Watch our 2 minute video press release on Phantom Demand Leslie Parrish discusses the findings in this 9 minute webinar A full three quarters of loan volume of the payday lending industry is generated by borrowers who, after meeting the short-term due date of the loan, must re-borrow before their next pay period Repeat borrowing of what is marketed as a short-term loan of a few hundred dollars has long been documented, but this report verifies for the first time how quickly most payday lending customers...

The following are some of the highlights of the report conducted by the Tennessee Department of Financial Institutions on the $73 million title lending industry in Tennessee: High Interest Rates Remain. Annual rates for car title loans are still 264%. Still a Lemon for Borrowers. According to the report, half of the new loans made in 2006 were for $500 or less and 82% were for less than $1000. The average loan amount was only $557.00. More Borrowers Lose Their Cars. There were a total of 18,199 vehicles repossessed in 2006. It appears that about 10,000 loans are originated each month (based on...

Consumer Financial Protection Agency (CFPA) In recent years, federal bank regulators looked the other way as tricky financial products with hidden costs and fees crowded out responsible loans. Dangerous products have stifled true innovation, depriving consumers of meaningful choices and leading the nation into today's financial crisis. We don't always need more regulation, but rather more effective regulation that is targeted and up-to-date. CRL is a member of Americans for Financial Reform, a coalition of nearly 200 national, state and local consumer, employee, investor, community and civil...

Consumer Financial Protection Agency (CFPA) In recent years, federal bank regulators looked the other way as tricky financial products with hidden costs and fees crowded out responsible loans. Dangerous products have stifled true innovation, depriving consumers of meaningful choices and leading the nation into today's financial crisis. We don't always need more regulation, but rather more effective regulation that is targeted and up-to-date. CRL is a member of Americans for Financial Reform, a coalition of nearly 200 national, state and local consumer, employee, investor, community and civil...

Reckless lending practices that became rampant in recent years have devastated the economy, costing Americans billions of dollars in lost wealth and resulting in the weakest economy since the great Depression. Unfortunately, the regulators overseeing bank safety and consumer protections fell down on the job. Congress has taken a number of actions to investigate the causes of the financial meltdown, and key legislation has been proposed or passed to clean up abusive lending practices on home loans and credit cards. Most recently, on June 17, 2009, the Obama Administration released its plan for...

A proposal for improving our financial system An essential component of the Obama Administration's proposal for improving oversight of our financial system would correct the current lack of adequate consumer protection standards that has plagued our financial system, and imperiled our economy. A new Consumer Financial Products Agency ("CFPA") would implement sensible protections and make sure that companies follow them. In addition to mortgages, the CFPA would protect consumers from out-of-bounds practices by mortgage lenders, credit cards, overdraft programs, and other credit and banking...

Industry arguments in support of payday lending hinge on one highly-flawed paper. Not only are there significant questions about the accuracy of that research, but it runs counter to the findings of many other studies. Paige Marta Skiba (Vanderbilt) and Jeremy Tobacman (U. of Pennsylvania), Do Payday Loans Cause Bankruptcy? http://tinyurl.com/skiba-tobacman-BK Using a database of 145,000 payday loan applicants from a large payday and pawn lender in Texas, Skiba and Tobacman compare payday borrowers with similarly situated applicants who were denied payday loans to determine whether this type...

EXCERPT Mr. Chairman, Ranking Member Bachus, members of the Committee: Thank you for inviting the Center for Responsible Lending to discuss consumer financial products reform – a fundamental component of the effort to modernize and repair our financial regulatory system. Over the past decade, federal bank regulators looked the other way as responsible loans were crowded out of the market by aggressively marketed, tricky financial products carrying hidden costs and fees. Dangerous products, whose most "innovative" feature was their ability to obscure their true costs and risks, led a race to...

Loan terms are often complex and may include a number of extra fees that make the real cost to the borrower difficult to decipher and difficult to compare across credit options. Congress developed the APR, or Annual Percentage Rate of Interest, as a standard measure that calculates the simple interest rate on an annual basis (including most fees), accounts for the amount of time the borrower has to repay the loan, and factors in the reduction in principal as payments are made over time. For centuries, the standard has been to compare interest rates on an annual basis, whether the loan is...

Quick Facts on Payday Loan Amounts Nearly 80 percent of payday borrowers report that the amount they received was the amount they needed 90 percent of payday borrowers whose loan was insufficient didn't take out a new payday loan Borrowers whose loans were insufficient typically postponed purchases, did without and borrowed from friends and family A key provision of AB 377, authored by Asm. Tony Mendoza (D-Los Angeles), would raise the payday loan limit from $300 to $500 on the industry's assertion that $300 is insufficient due to California's high cost of living. Not only is more debt rarely...

"Stacked Deck" is a statistical analysis of outcomes in forced arbitration, also called mandatory arbitration or binding mandatory arbitration, that finds: Individual arbitrators have a strong incentive to favor the firms that provide them with repeat business over an individual consumer they may never see again. Companies win a favorable ruling in arbitration far more often than consumers. Companies involved in the most arbitration cases--and therefore in creating the most business for arbitrators--consistently receive more favorable rulings than firms involved in fewer cases. Almost all...

Payday lending—the provision of 459% APR loans to cash-strapped borrowers—drains more than $450 million from California's pockets every year. Payday lending requires borrowers to supply a post-dated check as collateral and typically only their identification and proof of income to obtain a loan at nearly 459% APR. These loans are marketed as "emergency" loans for borrowers who are having a tough time between paychecks, and the industry claims that they are not for repeated use. Yet, women living paycheck to paycheck can't afford to pay back the full amount of their payday loans and cover other...

In this testimony, we first discuss why we support eliminating what is functionally discrimination in the law against the FTC in its rule-making authority, compared to other agencies. Section I. We also support the Congressional guidance to the FTC to use the APA rule-making in the area of consumer credit and debt, which we recognize to be central to the health of the economy as a whole. We first put that priority into context, with a general picture of the financial health of the majority of America's households. Section II. Turning to the specific areas identified in the bill, Section III...

A Comparison of House (Credit Cardholders Bill of Rights) and the Senate Amendment (formerly known as the Credit CARD Act) Legislation by the Congressional Research Service.

Too often in the recent past, discussions over consumer protection regulation have been portrayed as a zero-sum game, where consumer protections are assumed to be a drag on the market, and must come at the expense of business. But that is a false dichotomy. Businesses have a symbiotic relationship with their customers. In the end, the health of the business community – indeed, the health of the economy as a whole – depends upon the financial health of America's households. Practices which undermine the financial health of households in the long run undermine the health of the businesses that...

CRL Offers Quick Snapshot of Recent Issuer Activity We took a quick sampling of credit card issuers' recent activities to see how they have responded to the Federal Reserve rule changes that were announced in December, 2008 but won't take effect until July, 2010. We found the top eight issuers, who account for 80 percent of credit card balances, are raising interest rates on a larger portion of customers than usual and increasing the number of fees they impose. The new Fed rule will ban some but not all of these activities. [i] Perhaps most notable is what these issuers? Citigroup, Bank of...

Cost Climbs to $1.9 trillion during 2009-2012, with 92 million homeowners losing $20,300 on average This is CRL's third report on the spillover impact of mortgage foreclosures. This new report is based on new CRL projections of 2.4 million foreclosures for all loans (not just subprime) in 2009, and 9.0 million during 2009-2012. This report also reflects a somewhat more conservative methodology for calculating the spillover impact. Based on current market data, CRL now projects that some 2.4 million foreclosures will occur in 2009, and 9.0 million during 2009-2012. In addition to the...

The Earned Income Tax Credit (EITC), which supplements the earnings of low-to-moderate income working families, returns over $44 billion each year to these households and their communities and lifts approximately five million people above the poverty line. Unfortunately, paid tax preparers have weakened the economic impact of the EITC by over $600 million a year by offering Refund Anticipation Loans (RALs) that give EITC recipients quicker access to their refunds in return for high fees of 50-500 percent APR. Households in communities of color are disproportionately impacted by high-cost RAL...

It's the rare car buyer who walks out of a dealership convinced they got the absolute best deal on their purchase. CRL researchers have closely scrutinized dubious car lending practices – using data derived from industry sources and results from a consumer survey – so that buyers might be better informed and get a fairer shake. "Car Trouble: Predatory Auto Loans Burden North Carolina Consumers," is CRL's first ever research report on this topic, and its findings are concerning. We found that total kickback volume in North Carolina for new and used autos bought in 2007 totals a massive $665...

Congress has an opportunity to prevent another mortgage fiasco by passing stronger protections on home lending. Americans are clear about wanting more accountability throughout the lending chain: Two-thirds of voters surveyed said Wall Street should be accountable for buying loans that put borrowers at serious risk of foreclosure. And 84% believe mortgage brokers should have a legal responsibility to act in the best interest of their clients, just like investment advisers do today. To find out more about the potential for new lending protections, read our recent testimony before the House...

These findings were obtained primarily from CRL research on overdraft loans. Total costs vs. funds extended: Total cost per year consumers pay in overdraft fees: $ 23.7 billion. Total funds extended by institutions to cover consumers' overdrafts: $ 21.3 billion. This means consumers had to repay $45 billion for $21.3 billion in very short-term credit. Mostly debit cards and small transactions: The most common trigger of overdraft fees are debit card transactions.Together, debit card and ATM overdrafts account for 46% of all overdraft fees. Most debit card transactions that trigger overdrafts...