Consumer Law & Policy Blog

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Friday, July 28, 2017

Credit Bureau History Published

Josh Lauer has written Creditworthy: A History of Consumer Surveillance and Financial Identity in America.  Here's the publisher's description:

The first consumer credit bureaus appeared in the 1870s and quickly amassed huge archives of deeply personal information. Today, the three leading credit bureaus are among the most powerful institutions in modern life—yet we know almost nothing about them. Experian, Equifax, and TransUnion are multi-billion-dollar corporations that track our movements, spending behavior, and financial status. This data is used to predict our riskiness as borrowers and to judge our trustworthiness and value in a broad array of contexts, from insurance and marketing to employment and housing. 

In Creditworthy, the first comprehensive history of this crucial American institution, Josh Lauer explores the evolution of credit reporting from its nineteenth-century origins to the rise of the modern consumer data industry. By revealing the sophistication of early credit reporting networks, Creditworthy highlights the leading role that commercial surveillance has played—ahead of state surveillance systems—in monitoring the economic lives of Americans. Lauer charts how credit reporting grew from an industry that relied on personal knowledge of consumers to one that employs sophisticated algorithms to determine a person's trustworthiness. Ultimately, Lauer argues that by converting individual reputations into brief written reports—and, later, credit ratings and credit scores—credit bureaus did something more profound: they invented the modern concept of financial identity. Creditworthy reminds us that creditworthiness is never just about economic "facts." It is fundamentally concerned with—and determines—our social standing as an honest, reliable, profit-generating person.

(HT: Matt Bruckner)

Posted by Jeff Sovern on Friday, July 28, 2017 at 05:11 PM in Credit Reporting & Discrimination | Permalink | Comments (0)

Want to Know How Much Money Supporting Arbitration Is Worth to Members of Congress?

Then take a look at this story from the Pulitzer Prize-winning Center for Public Integrity: Who is killing the CFPB’s arbitration rule?

Excerpt:

The financial industry’s hefty investment in the campaigns of House members appeared to pay off this week when that chamber voted to kill a new rule that allows consumers to file class-action lawsuits against banks and other institutions.

* * *

To fight the CFPB, the financial industry has spent millions cultivating relationships with lawmakers such as Rep. Keith Rothfus, R-Pa., who sponsored the resolution to undo the CFPB arbitration rule.

*  * *

Six of the resolution’s 33 other co-sponsors are part of what the Center for Public Integrity labeled the “banking caucus,” a group of influential representatives with strong ties to the financial industry. The group includes House Financial Services Chairman Jeb Hensarling, R-Texas; Rep. Blaine Luetkemeyer, R-Mo., and Rep. Ed Royce, R-Calif.

Hensarling’s leadership role has translated into hefty campaign contributions. He has received $4.22 million from the financial industry over the course of his 14-year career in the House. Leutkemeyer and Royce have received $1.69 million and $3.48 million from the industry, respectively, according to CRP data.

Posted by Jeff Sovern on Friday, July 28, 2017 at 04:22 PM in Arbitration, Class Actions, Consumer Financial Protection Bureau, Consumer Legislative Policy | Permalink | Comments (0)

Legislation introduced to overturn Second Circuit decision enforcing state usury laws

As we reported at the time, here, in 2015 the Second Circuit held that the National Bank Act, which preempts state usury laws regulating the interest a national bank may charge on a loan, does not preempt state usury law after the national bank has sold or otherwise assigned the loan to a company that is not a national bank. The debt collector who was the defendant in that case petitioned the Supreme Court for review, but the Court denied the petition.

Now, Senator Mark Warner (D-Va) has introduced a bill to overturn the Second Circuit decision. The bill would allow bank loans to be resold and collected on by debt collectors at the same interest rate as the bank, avoiding otherwise state usury laws otherwise applicable to the debt collector.

Posted by Allison Zieve on Friday, July 28, 2017 at 02:43 PM | Permalink | Comments (0)

Thursday, July 27, 2017

American Banker: CFPB to act fast on payday rule ahead of likely Cordray exit

Here, by Kate Berry.  The sources for that information mostly consist of unnamed "experts," but here's a quote that may shed some light on who one of the experts is:

"There is no way that Cordray is going back home to Ohio without" a payday rule, said Isaac Boltansky, a policy analyst at Compass Point Research & Trading.

And another quote:

Payday lenders have repeatedly said that the rule would drive them out of business, though the reality is likely more nuanced.

Some payday lenders already have pulled back from offering short-term loans of less than 45 days. Others have expanded into longer-term loans of a year or more, consumer advocates said.

Posted by Jeff Sovern on Thursday, July 27, 2017 at 11:17 AM in Consumer Financial Protection Bureau, Predatory Lending | Permalink | Comments (0)

Wednesday, July 26, 2017

Gene DeSantis's Dispute: Another Success for the CFPB Complaint Database

by Jeff Sovern

Regular blog readers will recall consumer law expert Gene DeSantis's travails with TD Bank from his remarks a couple of weeks ago. The post also launched a Twitter debate. Despite his consumer law expertise and three or four calls to TD, including conversations with supervisors, Gene hit a stone wall, after which he complained to the CFPB.  Today Gene reported:

I got an e-mail today from the CFPB saying the bank had responded to my complaint. TD Bank rescinded all the late fees, penalties, and interest (over $200) and they promised to advise credit reporting bureaus that I owe no money. TD Bank acknowledged that I had paid for the purchases in full, but not on time.

Gene's success after using the CFPB complaint function comes at the same time that the Trump administration, egged on by financial institutions, is seeking to deny the public access to the database.  Just this week, WSJ published a piece about the issue, in which it also recounted a story about a consumer who had complained unsuccessfully to a financial institution, only to achieve a more favorable result after complaining to the CFPB.  I have heard other such anecdotes.  I wonder if anyone (the CFPB?) has data on how many consumers have obtained a better result after complaining to the CFPB than when they complained directly to the company. The different outcomes say a lot about why financial institutions object to the database.

Posted by Jeff Sovern on Wednesday, July 26, 2017 at 05:33 PM in Consumer Financial Protection Bureau | Permalink | Comments (0)

Want to Know How Many Enforcement Actions the CFPB Has Brought in a Particular State or of a Particular Type?

by Jeff Sovern

Then take a look at the Consumer Bureau Action Tracker created by Allied Progress.  For example, the CFPB has brought 95 enforcement actions affecting Texas, home state of CFPB critic and House Financial Services Chair Jeb Hensarling. Or if you want to know how many debt collection enforcement actions the Bureau has brought, the answer is thirteen. You can also search by various other criteria.

Posted by Jeff Sovern on Wednesday, July 26, 2017 at 12:51 PM in Consumer Financial Protection Bureau, Consumer Litigation | Permalink | Comments (0)

Internet Providers Have Standing to Protect Their Users’ Anonymity

by Paul Alan Levy

This past spring, Twitter garnered significant attention, and widespread praise, for a lawsuit it brought against the Trump Administration this past spring to block enforcement of an administrative summons seeking to identify the owners of a Twitter account purporting to reflect criticisms by current employees in Customs and Border Control. The defendants quickly did the right thing by dropping the summons rather than defending their misconduct. There was broad coverage of that litigation, but little attention was paid to a decision of the California Court of Appeal for the Sixth District issued at the same time, which will provide significant underpinning for future such efforts by other ISP’s to protect their users’ interests in remaining anonymous.

Continue reading "Internet Providers Have Standing to Protect Their Users’ Anonymity" »

Posted by Paul Levy on Wednesday, July 26, 2017 at 11:08 AM | Permalink | Comments (0)

"The Era of Tort Lawsuits Is Waning"

The Wall Street Journal, reporting on data compiled by the National Center for State Courts, reports that State restrictions, increasing cost, and a long campaign by businesses have discouraged plaintiffs from filing tort suits.

Tort cases (primarily auto, medical malpractice, and product liability cases) declined from 16% of civil filings in state courts in 1993 to about 4% in 2015, a difference of more than 1.7 million cases nationwide, while contract disputes rose from 18% of the civil docket to 51% during that period.

The full article is here. (Subscription may be required.)

Posted by Allison Zieve on Wednesday, July 26, 2017 at 09:17 AM | Permalink | Comments (0)

Tuesday, July 25, 2017

House Votes to Void CFPB Arb Rule

by Jeff Sovern

As expected but still sad.

Posted by Jeff Sovern on Tuesday, July 25, 2017 at 05:09 PM in Arbitration, Class Actions, Consumer Financial Protection Bureau | Permalink | Comments (0)

House Reported to Vote to Consider Blocking CFPB Arb Rule on Party Line Vote

by Jeff Sovern

This is based on Fred O. Williams's story at CreditCards.com.  The vote was 229 to 184, though he seems to indicate that this was the final vote. I think it was just on the vote to consider the bill.  Williams's article, titled DIY credit card arbitration: You may be able to opt out, focuses, as the headline implies, on opt outs. Here is a quote from the article:

"It's a fig leaf merely intended to help the clauses look voluntary when they are not, and stand up in court," Lauren Saunders, associate director of the National Consumer Law Center * * *

Whether the opt-out provision actually restores consumers' legal rights, however, depends on whether enough consumers use it to expose the corporation to court action. If relatively few customers take advantage of the opt out, there won't be enough of them to support a class-action lawsuit if a company action harms large numbers of customers.

"I generally think opt-out isn't enough," said Michael Best, director of advocacy outreach at the Consumer Federation of America. "You have to know you can opt out, you have to find it … these are long contracts."

Posted by Jeff Sovern on Tuesday, July 25, 2017 at 03:53 PM in Arbitration, Class Actions, Consumer Financial Protection Bureau, Consumer Legislative Policy | Permalink | Comments (0)

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