North Carolina

Dear Coalition Supporters, Last week, the Consumer Financial Protection Bureau (CFPB) released its final rule to rein in arbitration abuses and improve access to the judicial system for all consumers. This week, US House and Senate members have introduced Congressional Review Act (CRA) Resolutions to overturn this CFPB rule. We expect the US House to vote on its CRA resolution as early as Tuesday. On the Senate side, our NC Senator Thom Tillis is one of the leaders in the attempt to overturn this rule: “Setting aside the looming questions surrounding the constitutionality, this CFPB rule is a...

Dear Coalition Supporters, This update discusses serious threats from the federal level to our NC protections against predatory lending as well as several positive actions in NC and nationally. It includes recent developments about payday lending, student lending, housing finance reform and the new arbitration ban. And it discusses the threat of Congress dismantling the Consumer Financial Protection Bureau (CFPB), our main watchdog on Wall Street, including the impact on the military. For up to date developments, follow me and CRL on Twitter and "like" CRL on Facebook. Also, over the next few...

The 2015 NC General Assembly adjourned yesterday, months after we first expected them to wrap-up their session. They will reconvene for the short session on April 25, 2016. Because of your calls and letters, three very dangerous bills did not pass: Senate Bill 681, which would have legalized 80 to 125% loans, never even got a committee hearing, House Bill 541 and Senate Bill 511, which would have rolled back protections against common debt buyer abuses, did not get a vote on the floor of either Chamber, and Senate Bill 491 would have eliminated protections against common abuses by manufactured...

Payday and car title loans are small-dollar, high-cost products that thrive on keeping consumers in a cycle of debt. With lenders doing essentially no underwriting, consumers find it easy to obtain these loans, often marketed as a solution to financial emergency. However, the unaffordability of the loan and the lenders extreme leverage over the borrowers – either through direct access to the bank account or threatening repossession of the borrower’s car - makes it very difficult to escape a cycle of debt that can last months, if not years. Debt trap products often lead to other financial harms...

The topic of student loan debt is increasingly gaining public attention. Too often, assumptions about debt are made that hide the real contours of the problem. For example, simply citing aggregated student loan debt loads at a state or national level suggests that every student loan borrower is the same– with identical financial backgrounds, borrowing to attend similar institutions, and facing the same issues with repayment. Even a preliminary examination of the issue indicates that this is not the case. For example, middle class graduate students, gaining degrees in a STEM field, are facing...

View a letter from North Carolina organizations to Director Richard Cordray of the Consumer Financial Protection Bureau calling for a strong payday rule. North Carolina has a unique story to tell about payday lending. North Carolina was the first state to: Roll back a once legal payday industry Litigate the rent-a-bank model Force a bank to drop its bank payday loan product

Debt buyers, specialized debt-collection companies, purchase defaulted consumer debt from creditors such as credit card companies for pennies on the dollar. Debt buyers then attempt to collect the debt, often by suing borrowers in court. Unfortunately, because debts are typically sold to debt buyers without fully verifying the accuracy of the borrower's identity, amount of the debt, or status of repayment, the information used as a basis to collect from consumers may be faulty. As a consequence, borrowers can find themselves facing a default judgment from court on a debt that they do not in...

The 2015 NC General Assembly adjourned yesterday, months after we first expected them to wrap-up their session. They will reconvene for the short session on April 25, 2016. Because of your calls and letters, three very dangerous bills did not pass: Senate Bill 681, which would have legalized 80 to 125% loans, never even got a committee hearing, House Bill 541 and Senate Bill 511, which would have rolled back protections against common debt buyer abuses, did not get a vote on the floor of either Chamber, and Senate Bill 491 would have eliminated protections against common abuses by manufactured...

SB 1400 requires that foreclosures must proceed through the judicial foreclosure process (rather than power of sale) when the homeowner is on active military duty and the mortgage was entered into prior to active duty service. The bill is meant to complement the Servicemembers Civil Relief Act (SCRA). SCRA already required that a hearing be held before a judge to decide whether a stay in foreclosure proceedings is warranted under SCRA. However, since the power of sale process takes place with the clerk of court and not a judge, there was some concern that the foreclosure process in North...

Full Session Law This legislation, effective October 1, 2010, provides basic protections for North Carolinians against foreclosure "rescue" scams, and abuses related to option-to-purchase and contract-for-deed contracts. Violations of this law constitute an unfair trade practice and the injured party may sue to recover damages, obtain declaratory or equitable relief, or rescind the transaction, in addition to any other remedy provided by law. This legislation, effective October 1, 2010, provides basic protections for North Carolinians against foreclosure "rescue" scams, and abuses related to...