California

Before the Joint Hearing of the California Assembly Select Committee on Youth and California’s Future and Assembly Banking and Finance Committee Graciela Aponte-Diaz presented the following information in her testimony: First, a snapshot of student loan borrowers, nationally and here in California; Second, highlight major issues with student loan servicing; and Finally, I’d like to provide some policy recommendations for our state to ensure student loan borrowers are treated fairly when trying to repay their loans

The California State Legislature and the California Attorney General, Kamala Harris, both submitted comments to the Consumer Financial Protection Bureau in favor of strengthening the proposed rule on payday and car-title lending. Download both of the letters with the link above to read the key points laid out to curb these predatory lending practices.

This paper analyzes California mortgage originations in the post-crisis period, from 2012–2014, using data collected under the Home Mortgage Disclosure Act (HMDA). Similar national analysis provides context for the state-wide observations. Analysis in four large California counties shows the variety of experiences across this large state. The main findings include: National and state-wide analysis reveal a reduction in mortgage credit for the loans that most clearly support homeownership overall. More loans that directly supported homeownership were made in 2000 than in 2014. Some borrowers...

Read Graciela Aponte-Diaz's remarks before the July 2016 CFPB Field Hearing on Debt Collection. The unfair and abusive practices of debt collection in the market can take advantage of financially-distressed consumers or unfairly strip families of wealth. The Great Recession made this financial distress inevitable for many U.S. households. Each year, tens of millions of Americans are pursued by creditors, debt collectors, debt buyers, or attorneys for an overdue bill. And while debt collection plays a role in our economy, it may also expose U.S. households to unnecessary abuses. Debt collection...

Payday and car-title loans typically carry annual percentage rates (APR) of at least 300%. These high-cost loans are marketed as quick solutions to a financial emergency. Research demonstrates, however, that they frequently lead to debt that is nearly impossible to escape. In addition, these loans are related to a cascade of other financial consequences, such as increased overdraft fees, delinquency on other bills, involuntary loss of bank accounts, and even bankruptcy. For car-title loans, the end result is too often the repossession of the borrower’s car, a critical asset for many people...

Predatory consumer lending is still flourishing in California. Payday lending continues to be pervasive, capturing borrowers who were sold a short‐term loan in a long‐term cycle of debt. But high‐cost debt trap lending has expanded rapidly in the past few years to much larger loans, including some which are secured by and put a borrower’s car at risk. At the same time, some new lenders are demonstrating that larger consumer loans can be made with lower interest rates and with lower likelihood of defaults and charge‐offs, but additional consumer protections are still warranted. It is critical...

Testimony by Paul Leonard from the May 6, 2015 Informational Hearing on the Consumer Financial Protection Bureau Rulemaking for Payday, Vehicle Title and Similar Loans before the California Senate Banking Committee. The CFPB aims to cover payday and similar loans under its rule regardless of the provider or channel offering the loans (storefront and online; bank/credit union, non-depository, tribal entity). The Bureau’s proposal would create a single consistent regulatory floor, while maintaining the prerogative of states to strengthen its consumer protections as they see fit.

CRL, The Public Good Law Center, and the National Association of Consumer Advocates filed an amicus brief supporting an appeal by plaintiffs asserting that loans made by the payday lender CashCall were unconscionable and violated California's Unfair Competition Law. Courts and the common law have long recognized that excessive interest rates and prices are unconscionable and therefore "unfair" and "unlawful." Under the terms of loans made by CashCall, borrowers taking out $2,600 loans would pay $11,000 to pay them back if carried to full term—over four times the amount originally borrowed.