Research & Policy

The Center for Responsible Lending (CRL) joined with a coalition of civil rights, community, consumer, and faith organizations in two public comment letters warning the Federal Deposit Insurance Corporation (FDIC) that its proposed rule for chartering additional underregulated Industrial Loan Companies (ILCs) would expand predatory, high-interest lending. The plan would grant the predominantly online non-bank companies that are approved for an ILC with preemptory powers over state consumer protection laws, including interest rate caps. Download the long comment letter Download the short...

On May 20, 2020, the Office of the Comptroller of the Currency (OCC) acted alone in issuing a structurally flawed final rule on the Community Reinvestment Act (CRA) that weakens the CRA and will harm low- and moderate-income (LMI) communities and communities of color. Rather than postpone rulemaking to focus on the devastating economic crisis caused by the COVID-19 health pandemic, the OCC issued the rule a mere six weeks after the closing of the comment period on its proposed rule despite broad requests for delay from community groups, civil rights and consumer organizations, and industry...

On June 17, 2020, Ashley Harrington testified before the House Small Business Committee. This written testimony focuses on: Presenting an overview of the disproportionate economic impacts of the COVID-19 health crisis. Discussing issues with the structure and implementation of the PPP and how they served to limit access for the smallest businesses and businesses owned by people of color. Highlighting the challenges posed by the current requirements to access PPP forgiveness. Providing policy recommendations to ensure 1) the remaining PPP funds reach the smallest businesses and businesses owned...

The Center for Responsible Lending (CRL), Self-Help Federal Credit Union, Self-Help Credit Union, and the National Consumer Law Center (on behalf of its low income clients) (NCLC) write to share concerns with the Interim Final Rule on Overdraft Policy that was considered and tabled at NCUA’s May Board meeting. Unfortunately, the proposal fails to offer members relief from overdraft fees so desperately needed during the COVID-19 crisis, while subjecting members to additional risks from overdraft programs. In addition, as an interim final rule, the proposal would inappropriately bypass the...

A review of 2019 data shows that big banks continue to collect over $11 billion in overdraft related fees each year. Banks engage in a number of abusive practices that combine to drain massive sums from their customers’ checking accounts. The large majority of these fees are shouldered by banks’ most vulnerable customers, often driving them out of the banking system altogether. Bank overdraft fees cause particular harm to low-income consumers and communities of color, who are already disproportionately excluded from the banking mainstream. This report analyzes the 2019 overdraft-related...

This comment includes examples that are intended to be illustrative of the kinds of issues confronting low-to-middle-income households and communities of color attempting to navigate the consumer finance system.

CRL joined with more than 400 organizations to call on Congress to pass meaningful police reform legislation: Abusive police practices coupled with devastating state-sanctioned violence have exacted systemic brutality and fatality upon Black people since our nation’s founding. The current protests across our country are not new. They are in response to a long cycle of lawlessness against Black people, from our founding to 1968, the year the Reverend Dr. Martin Luther King,Jr. was murdered. This cycle includes deadly incidents spanning from Los Angeles in 1992 to Ferguson in 2014. Police have...

The Paycheck Protection Program (PPP) is a revenue replacement program designed to sustain small business jobs during the ongoing public health and economic crisis. The effect of the crisis on small businesses has been profound—over half of small businesses said the crisis has had a large negative effect on their businesses and 74% of small businesses said they have had a decrease in operating revenues. Temporary closings have impacted 41.5% of small businesses, and 11.5% of small businesses said they had missed a loan payment since the beginning of the crisis. These impacts were far worse for...

Nearly forty consumer and civil rights organizations call on the Trump Administration and the Congress to work together and take the following steps to ensure access to the Paycheck Protection Program for underserved businesses and sole proprietors. Set aside $10 billion for use ONLY by Community Development Financial Institutions (CDFIs) and Minority Depository Institutions (MDIs), to make this funding available to underserved businesses. Extend the deadline for processing PPP loans until December 31, 2020. For the purposes of granting forgiveness of PPP loans, extend the period during which...

CRL is working to monitor the unfolding developments of the COVID-19 pandemic and its financial and economic effects on LMI communities and communities of color. As the response to the crisis continues, CRL is advocating for strong consumer protections and financial relief for the consumers, workers and small businesses that are always among the hardest hit by any national emergency or economic downturn. This situation is rapidly developing. We will continue to update this page with related statements, articles, and resources. CRL Policy Recommendations Financial Implications of the Criminal...

CRL's comment to the Small Business Administration on the April 15 Interim Final Rule implementing the Paycheck Protection Program focuses on two key challenges with the PPP to date: The Paycheck Protection Program continues to be disadvantageous to smaller businesses, and businesses without employees. PPP loans can be forgiven if the business is able to use the funds for eligible expenses within eight weeks of receiving the loan. This requirement makes it challenging, particularly for very small businesses, to ensure loans are forgiven rather than converted into long-term debt. The PPP fee...

From the letter to Speaker Pelosi, Chairman Scott, and Chairman McGovern: As Congress works to better protect Americans from the economic fallout of COVID-19, the financial difficulties of 44 million student loan borrowers and the effect of this debt on the economy cannot be forgotten. The relief in HEROES, especially the $10,000 of cancellation per borrower, will have a significant impact on low-income borrowers and borrowers of color. Student debt exacerbates existing systemic inequities and racial disparities, preventing recovery from extending to already marginalized groups who are still...

A joint statement on the choice to narrow student loan debt cancellation in the HEROES Act from Action Center on Race and the Economy, American Federation of Teachers, Americans for Financial Reform, Center for Responsible Lending, Demos, Generation Progress, National Consumer Law Center (on behalf of its low-income clients), Student Borrower Protection Center, Student Debt Crisis.

A majority of Americans across all regions of the US support permanently reducing student loan debt by $20,000 for all borrowers, according to a new bipartisan poll by Lake Research Partners and Chesapeake Beach Consulting. Download the poll results Download the top lines

Americans of all partisan identities,and across all regions of the United States,strongly support enacting new consumer protections on high-interest lending during the coronavirus crisis. Americans are highly supportive of prohibiting all high-interest loans during the crisis and of capping interest rates for consumer loans, according to a new bipartisan poll from Lake Research Partners and Chesapeake Beach Consulting. Download the poll results. (PDF)

The Small Business Administration Paycheck Protection Program (PPP) has failed to fairly serve businesses owned by people of color, causing spill-over harms throughout communities of color, states, and regions. Businesses owned by people color are a substantial source of income and employment—accounting for more than 8.7 million jobs at total annual payroll of $280 billion, and $1.3 trillion in revenue-yet many were excluded from the first round of funding in the PPP. The scarcity of funding relative to the demand strongly favored relatively well-connected, well-resourced businesses with...

H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (CARES Act)—signed into law on March 27, 2020—offers important benefits for the public health crisis caused by COVID-19. However, the bill fails to provide substantive, comprehensive financial relief for vulnerable families who now face economic challenges, such as unemployment and reduced work hours, as a result of the crisis. It excludes millions of undocumented residents and mixed status families from accessing critical financial relief. Furthermore, it prevents returning citizens from gaining relief. The lessons of the Great...

From the full comment letter: As more borrowers than ever migrate to online platforms, the Department’s role in ensuring program integrity is even more vital. The consensus language in the NPRM represents the best compromise between industry, innovators, and borrowers. If it is changed at all, it should be strengthened, not weakened. The final rule should include the consensus definitions regarding regular and substantive interactions, retain the consensus agreement to limit the portion of a program that may be outsourced to 50% (with accreditor approval required above 25%), and prohibit...

The COVID-19 crisis is having profound financial impacts on families across the country and on the economy overall. With businesses shuttered, and over 22 million unemployment claims filed in the first month of the crisis alone, it is hard to overstate the financial instability and hardship the crisis has produced. These impacts will worsen over time, as immediate income shortfalls result in missed or late bill payments, adding late fees and related penalties to swelling debt burdens. Some families will lose their homes to eviction or foreclosure, either now, or when protections available to...

From the letter to Secretary Mnuchin: The undersigned civil rights, faith, and community development organizations write to seek that you direct the Small Business Administration (SBA) to designate that Community Financial institutions (CFIs) receive one-third of the $30 billion set aside for three groups of lenders—CFIs, small insured depository institutions, and credit unions—pursuant to H.R. 266, the Paycheck Protection Program and Health Care Enhancement Act. Of the three groups of lenders, only CFIs aim specifically at serving communities of color. Congress included them in the $30...

From the letter to Congressional leadership: The undersigned consumer and banking industry organizations write to urge Congress at the soonest possible opportunity to clarify that economic impact payments responding to this public health emergency are exempt from otherwise legally binding garnishment orders. Our organizations have worked together to address this issue and we believe that is possible to protect American families in a manner that is also workable for financial institutions.

While we applaud that quick action for student loan borrowers, we are concerned that this unprecedented crisis is affecting many borrowers who have Perkins loans or Federal Family Education Loan Program (FFELP) loans that are not federally owned and who are not covered under the CARES Act. We respectfully request that you take action to enact, as part of your next emergency legislation, provisions to extend the CARES Act interest waivers, payment and collection activities suspensions, and other benefits to all FFELP and Perkins borrowers. Download the full letter. (PDF)

Even before the onset of the COVID-19 pandemic, US household debt was on the rise, reaching over $14 trillion. While much of this debt stems from mortgages, a growing amount stems from non-mortgage consumer debt, including student loans, medical debt, credit cards, installment loans, and auto loans. With the number of Americans facing unemployment, lost wages, and depleted savings due to the COVID-19 crisis, we can expect that household debt as well as defaults and delinquencies will rapidly climb. Download the policy recommendations. (PDF)

H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (CARES Act), signed into law on March 27, 2020, provided for a 6-month suspension and interest waiver on federally-owned student loans. It also halted all involuntary collections on these loans. These provisions only apply to Department of Education-held loans, excluding 1.9 million Perkins Loan borrowers, 5.98 million commercially held FFEL borrowers, 1.22 million guaranty agency held FFEL borrowers, and all private student loan borrowers. Student debt exacerbates existing systemic inequities and racial disparities, preventing...

From the full comment letter: The Center for Responsible Lending (CRL) and the Center for Community Self-Help (Self-Help) strongly oppose the OCC and FDIC’s proposed Community Reinvestment Act (CRA) regulations.... The most troubling outcome of theproposed rule is that it would unwittingly sanction redlining. The proposal relies on an overly simplistic evaluation measurethat focuses on the total dollar value of CRA qualifying activity.We strongly oppose this approach, which we believe would fail to hold banks accountable for meeting the convenience and needs of all of their communities, as...