Roberts: Limit financial setbacks with consumer protection
By
Michael E. Roberts
|
| Predatory lending can trap people in a cycle of debt, ruin credit, and cause stress that leads to divorce, bankruptcy, hopelessness and even suicide. |
In a survey we conducted in 2007, 73 percent of tribal housing counselors said predatory lending was a problem in their communities, particularly refund anticipation loans and payday loans. And Native families fall prey to subprime mortgage loans more frequently than white families. Because too many in our community were economically vulnerable before the crisis, and because so many of us are targeted for bad loans, we have a lot to lose if banking oversight remains weak.
The business model of predatory lenders centers on offering loans that encourage never-ending cycles of debt. For example, payday lenders aren’t really in business to help people deal with an occasional financial emergency. Instead, their business is built on the premise that an initial short-term, high-interest loan can hook borrowers into a cycle of debt. In fact, three-quarters of all payday business is generated by people who, right after paying one loan, must borrow again before their next paycheck. For the payday lenders, that’s a sweet deal.
Unfortunately, banks are not above engaging in questionable financial practices either.
While banks are subject to a great deal of oversight, most of this scrutiny involves the banks’ own safety and soundness. Not surprisingly, the safety and soundness of bank customers almost always takes a back seat. There are three agencies that have primary responsibility for making sure banks don’t engage in harmful consumer lending: the Office of the Comptroller of the Currency, the Office of Thrift Supervision and the Federal Reserve.
All three of these agencies have fallen down on the consumer part of their job and, in doing so, failed to slow down the reckless lending that triggered the financial crisis. They ignored increasing complaints about predatory lending. Even in the face of scathing evidence, enforcement actions related to bad lending practices were virtually non-existent. They denied having authority to tighten rules until forced to admit otherwise.
A new Consumer Financial Protection Agency would not add to the federal bureaucracy, but instead shift the consumer protection functions scattered throughout the government into a single, focused entity whose sole purpose is to protect consumers from faulty financial products and services. Congress must ensure that this agency is not only created, but that the protections it offers serve as a floor upon which state and tribal governments can layer stronger protections that fit their particular circumstances if necessary.
As expected, the financial services industry is lobbying to weaken the bills moving through Congress. They have their interests, but there’s too much at stake for ordinary Americans and the health of the economy to allow weak and ineffective oversight of consumer lending.
There’s particularly too much at stake for Native communities. Too many in our communities have been set back by lending practices that never should have been permitted. Unfortunately, all of the factors that led to weak banking oversight in recent years remain firmly in place. Without the Consumer Financial Protection Agency, our financial security is likely to fall through the cracks. Again.
Michael E. Roberts is president of First Nations Development Institute.
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Thursday, Dec 31 at 3:08 PM Payday Lender wrote ...
The allegation that payday lending customers get hooked in a cycle of debt is not valid. Under the Community Financial Services Association's Best Practices, any customer who cannot pay back their loan when due has the option of entering into an extended payment plan, allowing them to repay the loan over a period of additional weeks. Payday lenders are businesses, not charities. It would not make good business sense to loan money to people who can't pay you back.
34690757Thursday, Dec 24 at 12:51 AM Paula Landua wrote ...
I agree, We need reform to bring a good Consumer Financial Protection Agency into place. Pay day loans should be abolished! Borrow from them and you become their prey.
34271702Wednesday, Dec 23 at 7:49 PM ellen guzzi wrote ...
i think the american indians have been abused by the goverment that has all your assets give back what they stole of you and you don;t have to worry about financial security ever again ////
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