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Predatory loansIn case you missed it over the weekend, the New York Times ran a thoroughly logical editorial that rightfully called for federal regulation to crack down on the scam artists who sell payday loans and other similar debt traps in numerous states across the country.

As the editorial rightfully notes, it’s all well and good to propose and enact laws like the “Military Lending Act,” which seeks to prevent our military personnel from getting caught up in these rip-offs, but the same logic obviously applies to other vulnerable consumers as well:

“Poor and working-class people across the country are being driven into poverty and default by deceptively packaged, usuriously priced loans. The obvious solution is a national standard for consumer lending. Both the House and Senate have bills pending that would adopt the 36 percent standard for all consumer transactions, including those involving payday loans, mortgages, car loans, credit cards, overdraft loans and so on.”

And while North Carolina has done a better job than many states in protecting its citizenry from the scammers, there’s plenty that comprehensive federal regulation which sets a ceiling on rates would do to benefit us — not the least of which is the way it could cut back on the flood of money spent by the loan industry on buying political influence and corrupting our politics.

The bottom line: What’s good for protecting our service members is good for protecting all consumers. If Congress had even a smidgen of courage, it would enact such legislation ASAP.

 

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Technical corrections billAs previously reported here, here and numerous other places, this year’s “technical corrections” bill at the General Assembly was and is an especially egregious example of secret legislative sausage making at its worst. The bill is chock-full of substantive (i.e. a lot more than “technical”) changes to the law – many of which were never even the subject of separate legislation – much less public hearings or debate.

A classic example is buried on page 20 of the 58-page, 94-section special interest Christmas Tree. The official explanation from legislative staff and even the explanation from some legislators in committee and on the floor suggested the provision added needed protections or in some manner merely “clarifies” an “ambiguity” in the state’s anti-predatory lending law by specifying that first loans on manufactured homes are also covered.

Sounds innocuous and maybe even okay, right?

Here’s the problem (and the reason why baloney like this shouldn’t get mislabeled as “technical” and then passed in the wee hours of the legislative session when no one is even paying attention):

The manufactured housing industry asked for the change so that lenders would be able to charge an upfront “origination” fee when they sell a manufactured home by itself – i.e. in situations in which no land is involved in the transaction. Currently, under the law in question, a lender can charge such a fee but only where the manufactured home is sold attached to real estate. With this last minute “technical correction,” the barn door is now open to the assessment of such a fee with all manufactured home sales – even though there was never a bill on the subject or a genuine public discussion at the General Assembly on the merits (and problems) of such an idea  This is obviously a big deal that will cost the state’s consumers millions of dollars in the years to come.

The bottom line: It’s not surprising that an industry long known for selling marginal products with the deceptive tactics perfected in the used car business would support squeezing yet another fee from what are typically unsophisticated, lower income consumers. And sadly, it’s even less surprising that the folks currently running the General Assembly would blithely label the legalization of such a rip-off as a “technical correction.”

FYI –  the Governor has until next Tuesday to sign the bill and has given no indication that he will do otherwise.

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Fort BraggThere’s word from the General Assembly that the consumer finance industry is unhappy with state law designed to help protect active members of the military from exploitation. In case you’ve forgotten, the consumer finance industry runs more than 400 storefront shops throughout North Carolina that make loans featuring high interest rates and fees. The loans are often packed with junk insurance products and customers are also routinely “flipped” from one loan to another.

The provision at issue (G.S. 53-180.1) was enacted last year as part of legislation that gave the industry the authority to significantly raise the amounts it charges for loans. While failing to protect the rest of us from these predatory lending practices, the General Assembly was shamed into including some modest protections for military service members, whose paychecks are often targeted by the industry. The provision requires lenders to make sure that they do not extend loans to lower ranking enlisted personnel without at least notifying their commanding officers. It also prevents lenders from trying to collect on loans via phone or email from service members or their spouses while the service member is deployed to a dangerous area.

Now, less than a year after the protections were enacted, it appears that at least some lenders want the law (or its enforcement) weakened. For some time, it has been rumored that industry lobbyists have been working on such an effort and recently, insiders report, an industry representative confirmed the rumor.

In addition to raising the real prospect that junior service members could be exploited before heading off to Afghanistan or some other dangerous venue, such a potential change also raises important political issues in the Senate race between Senator Kay Hagan and House Speaker Thom Tillis. Read More

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CasinosRaleigh’s News & Observer reports this morning that the Catawba Indian tribe has filed papers designed to jumpstart efforts to build a new gambling casino in Cleveland County.

As noted here previously, this would be an unmitigated disaster — especially for the thousands of people from whom casino corporations would extract millions upon millions of dollars. The mere fact that the casino would be gussied up via an affiliation with a Native American tribe is ultimately of no value in alleviateing this situtation.

The good folks at the national group Stop Predatory Gambling  put it this way is a special and informative web page devoted to the dangers of Native American casinos: Read More

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At a time of historically low interest rates, state lawmakers gave final approval last night to legislation that ramps up the cost of consumer finance loans.

Meanwhile, consumer advocates are calling on Governor McCrory — who once made his oppostion to predatory “payday” loans a major plank in a mayoral reelection campaign in Charlotte  — to veto the legislation. This was released earlier today:

AARP Calls on Governor to Reject Rate Hike for Consumer Loans, Senate Bill 489 Senate Bill 489 will increase rates and fees on consumer finance loans 

RALEIGH —  On Monday night the Senate voted to concur with the House’s amendments to Senate Bill 489.  The bill now goes to the Governor’s office for his consideration.

“We are calling on the Governor to reject Senate Bill 489,” said AARP NC Director Doug Dickerson. “This legislation is going to hurt seniors and other consumers that use these loans by increasing interest rates and adding new fees.” Read More