Building Shared Prosperity from The Ground Up: Consumer Protections as the Foundation

Similar documents
THE CFPB WHAT IT DOES, AND WHY YOU SHOULD CARE

Consumer Financial Protection Bureau Update

David Silberman Associate Director, Research, Markets, and Regulation Consumer Financial Protection Bureau. April 4, Dear Mr.

Initial Analysis of CFPB s Final Rule to Address Payday & Car Title Loans

Federal Budget Overview

The CFPB s Priorities in Rulemaking, Supervision, and Enforcement

Bankrupt by Design: Payday Lenders Target Pennsylvania Working Families

Why is Non-Bank Lending Highest in Communities of Color?

Predatory and Alternative Lending

Credit Access and Consumer Protection: Searching for the Right Balance

35% 26% 57% 51% PROFILE. CIty of durham: Assets & opportunity ProfILe. key highlights. ABoUt the ProfILe ASSETS & OPPORTUNITY

Testimony presented to the NEW YORK STATE ASSEMBLY COMMITTEES ON JUDICIARY, HOUSING AND BANKS

FOR IMMEDIATE RELEASE: September 9, 2015

December 19, Director Kathleen Kraninger Consumer Financial Protection Bureau 1700 G Street NW Washington, DC 20552

National Federation of Community Development Credit Unions

About this report. Confidential and proprietary information 2018 Navient Solutions, LLC. All rights reserved.

Consumer Financial Protection Bureau

Special Alert: CFPB Issues Rule Regarding Payday, Title, Deposit Advance, and Certain Other Installment Loans

Your Money, Your Goals Spotlight Series. Dealing with debt: A closer look

7/9/18. PF SMS icons. Military Consumer Protection Awareness. MFLN Intro. PF SMS icons. Military Consumer Protection Awareness.

27% 42% 51% 16% 51% 19% PROFILE. Assets & opportunity ProfILe: PortLANd. key highlights. ABoUt the ProfILe ASSETS & OPPORTUNITY

Re: Comments on no-action letters and product sandbox, Docket No. CFPB

CFPB: A Review of Supervisory Activities

Predatory LENDING BROUGHT TO YOU BY

Monthly Complaint Report

Solving Money Problems

Chapter 27. Your Credit and the Law pp

RE: Wells Fargo CRA Examination, Comments on Direct Deposit Advance Product

Payday Lending Provision 2007 Defense Authorization Bill

CFPB Update. GCOR XI April 5, Operational Risk & The Risk Management. The Risk Management Association JOIN. ENGAGE. LEAD.

Credit Encounters of the First Kind: Student Loans and Online Lending

Consumer Finance Protection Bureau. About this presentation. The CFPB 1/26/2012

RE: BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB ] Request for Comment on Payday Lending Hearing Transcript

Update on CFPB Enforcement Actions; UDAAP and Third-Party Lending

BY HAND DELIVERY. April 6, The Honorable Richard Cordray Consumer Financial Protection Bureau 1700 G Street NW Washington, DC 20552

Pushing the Envelope: Are There Any Limits to the CFPB s Jurisdiction?

The CFPB. What Lenders And Servicers Must Know. Joseph M. Welch, Esq.

A Brief Overview of Actions Taken by the Consumer Financial Protection Bureau (CFPB) in Its First Year

Product User Guide It s Your Credit. Keep It That Way with 5LINX Safe Score.

Policy Brief: Bill Analysis of Indiana SB 613: Consumer Credit

At each meeting we discussed the contents of the attached statement from our twelve national consumer groups.

The Funnel Effect of The Dodd-Frank Act

How Cities Can Pursue Responsible Banking: Model Local Responsible Banking Ordinance Creates Community Reinvestment Requirements for Financial

SB 17 Testimony: Committee on Commerce, Labor, and Energy

Maryland Working Families 2018 Legislative Candidate Questionnaire

Your Money, Your Goals Spotlight Series. Understanding credit reports and scores: An in-depth look

Legal Aid Society of Hawai`i. What You Need To Know About Student Loans

Payday and Car Title Lenders Drain $8 Billion in Fees Every Year

PLAIN LANGUAGE DISCLOSURE FOR DIRECT SUBSIDIZED LOANS AND DIRECT UNSUBSIDIZED LOANS WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM

Dodd-Frank Chapter X: The Consumer Financial Protection Bureau

31% 41% 11% 50% 18% PROFILE ASSETS & OPPORTUNITY PROFILE: SAN FRANCISCO KEY HIGHLIGHTS ABOUT THE PROFILE ASSETS & OPPORTUNITY

SHAPING THE FUTURE. CFPB HOLDING ITS FIRE

New members of the Self-Help family bring long histories of service

Who is Lending and Who is Getting Loans?

CU Campus Resources Third Annual Client Forum March 19-20, The Private Student Loan Landscape

RAPID RIP-OFFS: TAX REFUND ANTICIPATION LENDING IN NEW YORK CITY

October 1, 2015 March 31, Semi-annual report of the Consumer Financial Protection Bureau

PAYDAY LOANS The Facts

Annual Report. Self-Help Credit Union. Self-Help Federal Credit Union. Self-Help Ventures Fund. Center for Responsible Lending

FINANCIAL LITERACY WHAT YOU NEED TO KNOW TO SURVIVE IN TODAY S ECONOMY

CONSUMER LEGAL ADVISORS

AP/DAVID GOLDMAN. Lending for Success. By Joe Valenti, Sarah Edelman, and Julia Gordon July

Repaying your federal student loans

Semi-Annual Report of the Consumer Financial Protection Bureau

SB 365 Expands Predatory Payday Loans

Community Planning and Economic Development Homebuyer Down Payment Grant Program

Debt Collection & the Fair Debt Collection Practice Act (FDCPA)

CFPB & UDAAP. Recent Developments & Hot Topics. Michael Stockham. Nicole Williams. June 23,

A financial empowerment toolkit for community volunteers

The National Mortgage Settlement: July 31, :00 4:00pm

U.S. Consumer Financial Services Regulation: What to Expect in 2016

Florida Foreclosure Law E-Book

FINAL TOPLINES FOR PUBLIC RELEASE. Men Women

OPPOSITION TO S.5771/A.6511 Credit Creation Pilot Program Act of New York

LEND360 PowerUp Webinar Series

Compliance Perspectives

Regulation by Enforcement CFPB s Use of UDAAP

Testimony of Stephen Agostini Chief Financial Officer,

STATE OUTCOME & POLICY REPORT OUTCOME RANK POLICIES ADOPTED

Consumer Protection and Higher Education Financing Alternatives

Prepared Remarks of Richard Cordray Director of the Consumer Financial Protection Bureau. Greenlining Institute s Economic Summit

S Analysis of Regulatory Relief for Credit Union

ECONOMIC EDUCATION FOR CONSUMERS Chapter 10

Your Guide to Home Financing

ECONOMIC EDUCATION FOR CONSUMERS Chapter 10

LEGISLATIVE PRIORITIES

REPAYING YOUR FEDERAL FAMILY EDUCATION LOAN

CLIENT INFORMATION SHEET. PERSONAL INFORMATION spouse s ssn (last 4 only):

Policy Brief July 2018

Re: Payday, Vehicle Title and Certain Other High-Cost Installment Loans [Docket No. CFPB ]

Credit Union Access to Capital

In Baltimore City today, 20% of households live in poverty, but more than half of the

Money Matters: Making Cents of It All

CFPB Releases FDCPA Rule Outline; Creditor Collection Rule to Come

Good Morning Chairman Hamilton and members of the Senate. Committee on Banks, Chairman Carlucci and members of the Senate

DEALING WITH DEBT. Your Rights and Responsibilities in Minnesota

Trendspotting the CFPB: What s Coming and How Institutions Can Prepare

CFPB TOPICS CFPB SUPERVISORY HIGHLIGHTS COLLECTIONS UADAAP ARBITRATION ENFORCEMENT ACTIONS MORTGAGE SERVICING RULES

Case 1:18-cv LY Document 45 Filed 09/19/18 Page 1 of 11 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Consumer Financial Protection Bureau

Transcription:

Building Shared Prosperity from The Ground Up: Consumer Protections as the Foundation Fighting Poverty Summit Shared Prosperity Philadelphia 11.30.17 Kerry Smith Senior Staff Attorney Homeownership and Consumer Rights Unit Community Legal Services 1424 Chestnut Street Philadelphia, PA 19102 215 981 3724 ksmith@clsphila.org

Consumer Protection: A Foundation for Financial Security Financial Education Safe and Affordable Products Income & Wealth Building Opportunities PROTECT Gains made by eliminating predatory practices

Graphic from Center for Responsible Lending

Student Loan Debt

Student Loan Debt Student Loan Delinquency Rates by ZIP Code www.mappingstudentdebt.org

Student Loan Debt CLS Student Loan Borrower Clients by Age Range 1% 1% 1% 3% 16% 18% 7% 18% 35% Teen 20s 30s 40s 50s 60s 70s 80s 90s

Student Loan Debt Challenges: Federal Loans: CLS eligible, low income borrowers almost always will qualify for an income sensitive payment that is or is near $0 Problem: loan servicers have a disincentive to enroll borrowers into these plans; and failure to do so can cause significant financial harm

Student Loan Debt Challenges: Private Loans: no mandated affordable repayment plans; collection through traditional means, and bankruptcy discharge is generally not available unless undue hardship Abusive For Profit Schools: defense to repayment rules in limbo

CFPB: Student Loan Watchdog Student Loan Ombudsman $19.1 million to be paid by a private student loan collector for improperly suing borrowers Suing the largest student loan servicer to ensure borrowers get affordable payment plans PA Attorney General s new Consumer Financial Protection Unit: our next watchdog?

Abusive Debt Collection Litigation Consumers are facing an explosion of predatory debt collection lawsuits. Dirty Debts Sold Dirt Cheap* Debt Buyers Unfair Practices: Filing claims with defective, inaccurate or insufficient proof of the debt. Robo signing. Collecting on time barred debt. *Dalié Jiménez, Harvard Journal on Legislation, Vol. 52 (Winter 2014).

Abusive Debt Collection Litigation How to collect Dirty Debts Sold Dirt Cheap: Use the courts! Do not be intimidated by the Court House. The Small Claims Court is actually going to help you make money. It is the vehicle that flushes out payment. Larry K. Neil, The Complete Guide to Buying Debt (2013), available at www.beadebtcollector.com.

Abusive Debt Collection Litigation Compounding the Problem: Limited access to representation. Rubber Stamp Justice Human Rights Watch calls out Philadelphia s judgeless courtrooms

Abusive Debt Collection Litigation CFPB sues to stop debt collection litigation abuses AG and the DA could continue to take action Court reforms

Threat: Predatory Payday Loans Laws Under Attack

Payday loans: Debt Trap By Design Traditional Balloon Payment Payday Loans: Very high fees (300 to 400% APR) Single balloon payment of principal and interest Over a very short term (typically two weeks) Secured by access to the bank account No underwriting of ability to repay without re-borrowing

Payday loans: Debt Trap By Design

Payday loans: Debt Trap By Design Long-Term Payday Loans: Debt Trap on Steroids

Threat: Predatory Payday Loans Payday loans cause financial distress: Fall behind on other bills Delay medical care Overdraft and lose bank accounts Bankruptcy Impair military readiness

Threat: Predatory Payday Loans

Diverse Coalition Fought Back: Saved $233 million in excessive fees and interest charges annually Stopped 1,000 payday loan storefronts from flooding into Pennsylvania

Federal Threat to State Protections S. 1642 and H.R. 3299: Madden Bills Could Open Floodgates to Predatory Lenders: Threatens state interest rate caps. Would make it easier for payday lenders and other non banks to use rent a bank scheme to evade state interest rate caps

Attacks on the CFPB Payday Rule Congressional Review Act: Gives Congress, with the President s signature, a window to veto a rule from going into effect. Special provisions to expedite a vote and prevent a filibuster. If a rule is blocked by a CRA vote, the agency is forever barred from doing a substantially similar rule unless Congress authorizes it.

Threat: Predatory Payday Loans Action Steps: Join the coalition www.stoppaydayloanspa.com Contact State Legislators and PA Congressional Delegation Letters to the Editor; Op Eds Engage community groups and leaders

For more information Kerry Smith Senior Staff Attorney Homeownership and Consumer Rights Unit Community Legal Services 1424 Chestnut Street Philadelphia, PA 19102 215 981 3724 ksmith@clsphila.org

Opportunities to Build Power Through Consumer Protection

The key to adequately protecting consumers is to empower them to be in control of the marketplace.

CFPB by the numbers: $12 billion returned to 29 million consumers 1,242,800 complaints have been handled by CFPB as of July 1, 2017 40+: Cities where CFPB has held public town halls or field hearings 60+: New consumer safeguards 97%: Complaints resolved within 15 days

Key Enforcement Actions: 05/12/15 Sprint & Verizon: Unauthorized charges on customers cell phone bills. 09/08/16 Wells Fargo: Secretly opening unauthorized deposit and credit card accounts. 10/11/16 Navy Federal Credit Union: Made false threats about debt collection to its members, and restricted account access when members had a delinquent loan. 01/03/17 Transunion & Equifax: Deceived consumers about actual costs, and lured customers into costly recurring payments. 01/18/17 Navient Corporation: Illegally failing to provide borrowers with flexible repayment plans. 04/20/17 Ocwen Financial: Failed borrowers throughout the entirety of their mortgage servicing process.

WHY IS THE CFPB CONSTANTLY UNDER ATTACK? The financial industry is spending roughly $2 million per day lobbying Congress to deregulate Wall Street.

Consumers have strength in numbers.

Each has a stake Seniors Veterans Students Low income families Single mothers Single fathers Women Unemployed Underemployed Immigrants Underbanked Millenials Gen Z Servicemembers Consumers with disabilities Community Associations Community Development Organizations Faith communities Communities of color Consumers without a high school diploma Middle class families Working class families And on an on

THE POWER OF OUTREACH

THE POWER OF STORYTELLING

THE POWER OF COALITIONS

Change rests on our ability to build collective power.

FINANCIAL JUSTICE AND COMMUNITY EQUITY: An affirmative agenda for New York. Andy Morrison, Campaigns Director

New Economy Project s mission is to build a new economy that works for all, based on principles of cooperation, democracy, equity, racial justice, and ecological sustainability. We work with community groups to achieve this mission by: (1) challenging corporations that harm communities and perpetuate inequality and poverty; and (2) building strong local economies, by fostering democratically-structured, community-controlled initiatives such as worker cooperatives, community development credit unions, community land trusts, and mutual housing. We believe a world is possible in which all people live in safe, healthy, thriving communities, and that fundamental change is needed to achieve that world.

TWO TIERED FINANCIAL SYSTEM

PREDATORY LOAN SHARKS ARE CIRCLING

THE BEST DEFENSE IS A GOOD OFFENSE 1. Build individual and community wealth. 2. Hold banks accountable to New Yorkers and New York communities. 3. Preserve and enhance our state s strong usury and other consumer protection laws, and keep payday and other predatory, high cost lending out of New York.

WE ENVISION A COMMUNITY DEVELOPMENT CREDIT UNION IN EVERY NEIGHBORHOOD. A CDCU is a credit union with a mission of serving low and moderate income people and communities. CDCUs specialize in serving populations with limited access to safe financial services.

BANKS MUST BE HELD ACCOUNTABLE. 2015 FDIC National Survey of Unbanked and Underbanked Households How interested are banks in serving households like yours? for New York, 2015 by Selected Household Characteristics

WE NEED A NEW ECONOMY.

THANK YOU! Andy Morrison 212 680 5100 andy@neweconomynyc.org