It's a Nationwide Fight Against Predatory Payday Lending

For numerous years, a fight has been going on from state to state and on a national level to curb and stop usurious payday lending.  This loan-sharking business exists by finding the cracks in the laws.  They hire sophisticated lawyers to find the legal loopholes, and slick PR firms to explain why they fill a need in the credit market.  They prey on desperate people and pretend to be a friend of the people who need credit.  The real nature of their business, however, is to be debt sharecroppers.  They gain an interest and claim on a person's future income in perpetuity.  It is a business designed to entrap borrowers so that they can never get out of debt.

I'll get a chance to speak about this predatory business at a public hearing on Tuesday, February 22, at the Texas Senate Committee on Business and Commerce.  I am impressed with the work of Texas Faith for Fair Lending, at whose invitation I will be speaking.  Some of these folks are the ones I used to work with as a wet-behind-the-ears seminary graduate in the mid-1980s.  In those days, these organizations were working to protect and provide for children in poverty and trying to hold off the tsunami of state-sponsored victimization through gambling businesses.  Suzii Paynter of the Texas Baptists Christian Life Commission will be part of the fight, and I am proud to get to work with such a distinguished drum major for justice.  The quoted material below comes from the Texas Faith for Fair Lending web site.  You can read the original at this link.

Payday Lenders and Car Title Lenders Evade Existing Texas Lending Laws

Although Texas lending laws provide generous regulatory and fee structures, payday lenders and car title lenders sidestep these provisions by posing as credit services organizations (CSOs), giving them an unfair advantage in the lending landscape.  As CSOs, payday and car title lenders operate outside of the bounds of the rules set for all other consumer lenders in the state and exploit a state law designed to protect consumers from seeking credit repair help. Both payday and auto title lenders could operate under Ch. 342.  For the smaller loans, auto title lenders could use the rate computations under 342F (or 342E).  For larger loans, they could operate under 342E.ⁱ

Below is a comparison of Texas's existing lending law which payday and car title lenders evade, and a snapshot of their abusive practices permitted by the CSO loophole.

It's Time to Level the Playing Field. 

The state's CSO statute was designed to protect consumers from abuse when seeking credit repair help, not as a vehicle for loans that result in long term indebtedness.  After more than 5 years of permitting this evasion of state law to continue, it is time for legislators to close this loophole, and ensure that these lenders operate under the Texas lending laws in place for all other consumer lenders.  It's time to close the loophole.

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ⁱ The maximum loan under subchapter F is $1,240.  Under subchapter E, loans of up to $15,000 may be made.

ⁱⁱ Under existing Texas lending laws, finance charges for payday loans are set by the Texas Office of Consumer Credit Commissioner (OCCC).  Texas OCCC's authority to set these rates comes from TFC § 342.007, which allows the finance commission to establish rules for payday loans, and in TAC § 83.604(c) which incorporates the fees by reference.  For current Texas OCCC rates, see http://www.occc.state.tx.us/pages/int_rates/Index.html and click on the link for “Deferred Presentment Transaction Rate Charts.”  However, instead of complying with this law intended for them, payday lenders operate as CSOs, for whom there is no limit on finance charges, and rates reach upward of 500% APR (and higher) fur a loan that typically has a 14-day term.

ⁱⁱⁱ Under existing Texas lending laws, car title loans can carry finance charges consisting of a $10 set fee, plus $4 per $100 a month installment charge.  Car title loan finance charges are authorized under TFC § 342.253, which incorporates the fees permitted by TFC § 342.252 (3).  In addition to these finance charges, under existing Texas lending law, TFC § 342.502 (b) (5) expressly permits a “fee for recording a lien on or transferring certificate of title to a motor vehicle offered as a security for a loan.”  (The recording fee is not included in APR calculations because they are excludable from inclusion in the finance charge under the federal Truth in Lending, Act, Reg. Z § 226(e) (l).)  However, instead of complying with these state lending laws intended for them, car title lenders operate as CSOs, for whom there is no limit on finance charges, and rates reach upwards 300% APR fur a loan that typically has a 30-day term.

^iv Regardless if the cost is classified as "interest” or “fees” under state law, the cost to the borrower is the same.  The federal Truth in Lending Act requires that both interest and fees be combined and disclosed to borrowers as an Annual Percentage Rate (APR).  Federal law requires the cost of the all credit to be disclosed in terms APR, regardless of whether the loan is for two weeks or two years.

^v Existing Texas laws expressly permit payday loans to use a borrower's post-dated check as collateral for the loan, and expressly permits car title loans to use a borrower’s title to her car as collateral.  For payday loans, see TAC § 83.604 (b) (“The check given in the [payday loan] transaction may serve as security for the payment of the loan.”).  For car title loans, car title as security is not expressly prohibited under TFC § 342.503 and is stated as a permitted practice for authorized fees in TFC § 352.502 (b) (5).  However, even though the CSO statute does not expressly allow any of these collaterals, these payday and car title lenders operating as CSOs use checks and car titles as collateral respectively, as well as electronic access to a borrower’s debit account and a letter of credit issued by the CSO.

^vi Under existing Texas lending law, payday lenders and car title lenders, just like all other consumer lenders and brokers, are subject to oversight by the Texas OCCC.  Although CSOs are subject to private litigation and oversight of the Attorney General, these provisions have proven insufficient to protect consumers against abusive high cost lending.  CSOs are the only entities engaged in consumer lending transactions that escape oversight and compliance requirements of the OCCC.

I'll let you know how it goes.  This will be a first for me.

Isaiah and Economic Justice 5: Forcing People from Their Homes

Isaiah 5:8-10

Ah, you who join house to house,
...who add field to field,
until there is room for no one but you,
...and you are left to live alone
...in the midst of the land!
The Lord of hosts has sworn in my hearing:
Surely many houses shall be desolate,
...large and beautiful houses, without inhabitant.
For ten acres of vineyard shall yield but one bath,
...and a homer of seed shall yield a mere ephah.

The foreclosure crisis in which we are wallowing in our time is not the first one ever to happen. Isaiah brings it up as one of the main issues of economic injustice in his day. We know how the system works. Some people who have control of large amounts of money finance home construction and offer homebuyers mortgage loans by which they can move into a house before they can pay for it. If all does not go according to plan, the homebuyer may lose everything, including the home. All the while, the creditor was making money hand over fist from the interest on a long-term loan.

Mortgage loans and interest are not inherently evil. In a prosperous economy they can give workers access to home ownership with enough time to earn the money and pay for a home. Yet when the economy is not so strong, the system can lead to disaster for the homeowner. Moreover, when an economy moves step-by-step down a path of greed and injustice, homeowners may be put at a great disadvantage, shifting more and more risk onto them.

For instance, in an economy in which health costs have risen rapidly and growing numbers of workers become uninsured or underinsured, one illness or injury can lead to loss of income, loss of job, enormous debt, mortgage foreclosure, and bankruptcy. The bank adds another house. In another case, when businesses export jobs overseas and leave entire towns and neighborhoods without opportunity for earning a wage, people lose their homes. The lender adds house to house. When industrial farms use their political influence and polluting ways to undercut hard-working farmers, old family homes, farms, and lands are lost. The wealthy add house to house and add field to field. Entire towns, neighborhoods, and subdivisions may be emptied of occupants, until the foreclosed homes occupy all the land and there is no room for anyone else. The wealthy financiers are left alone to live in the midst of the land.

So around Phoenix and Las Vegas, in Los Angeles and Seattle, in Florida, Ohio, and Michigan, surely many large and beautiful houses are without inhabitant. The gimmick in such a system is to "get mine, and get out." Many mortgage bankers believe they have done this. For insurance, they got the government to bail them out so that whatever they lost in the crash was reimbursed to them out of our pockets. But at some point, somebody has to bear the cost of getting mine and getting out. Isaiah says that the cost will ripple to the point that the productive economy will diminish to near nothing.

The point is to fix this before it gets so bad. Find a way to get people into homes and keep them there. An economic system can't stand on this kind of self-serving injustice.

Open Hearts Mean Open Hands, Part 2

This is the text of a sermon continued from the previous post.

Deuteronomy 15:1-11
Acts 4:31-35

But this is not the kind of economic system intended for the world that God loves. Deuteronomy 15 has a different idea of how to deal with hard times. The Bible teaches us another way of thinking about borrowing and lending. God has a bailout plan called the Sabbath year and the Jubilee. There is a time for bailing out people who have bad debts, but it is not just for the benefit of insurance companies, banks and brokerage firms. No, it is especially for making sure that people who fall on hard times don’t have to stay there forever. Verse 1 says, “Every seventh year you shall grant a remission of debts.” You shall grant a remission of debts. You must not let debts pile up year after year, decade after decade, generation after generation, until a large mass of people and their descendents can never escape them. When things get out of hand, there has to be a collective setting things back aright.

The deeper purpose of this economic practice is stated in verse 4, which says, “There will be no one in need among you.” There will be no one in need among you. It is not a prediction that needs and difficulties will not arise. It’s not saying that God will magically put money in your bank account whenever you want it. It is a statement about maintaining a society of care for one another. If Israel would follow these economic practices, they could keep from creating a class of perpetual poverty, of permanent debtors, of unending wage slavery.

Verses 7 through 11 expand on the way that Israel could be a people who have no need among them. They must not be “hardhearted or tightfisted” toward their neighbors. Instead, they should open their hands with generosity, not grudgingly thinking about the year of remission and not getting paid back. Verse 11 recognizes that misfortunes, mistakes, bad decisions, poor judgment, health setbacks, loss of a loved one and provider, business closings, weather disasters, and many other reasons may push some people into poverty. It says, “There will never cease to be some in need on the earth.” Hard times may come. Poverty may break out. Then Deuteronomy follows this observation with a command about how to live every day: “Open your hand to your poor and needy neighbor.” Open your hand. Don’t close it up. Don’t harden your heart. Don’t become cold and indifferent. Open your hand. Open it. Open it, and keep it open.

Maybe some of you recognized that Jesus quoted from this passage when some people were complaining about the cost of a jar of ointment which a woman had used to anoint his feet. They claimed it was a waste of money. They postured that such extravagance should instead be directed toward helping the poor.

You probably also have heard people use Jesus’ words to teach the opposite of what Deuteronomy is saying. We have to realize that sometimes elements of our culture which do not conform to the gospel have become so powerful in shaping our thinking that we do not read the Bible very well. The heritage of white supremacist interpretations of the Bible led many who called themselves Christians to believe that God wants people of certain skin color to rule over people of another skin color. In a similar fashion, people often quote Jesus’ words from John 12, “The poor are always with you” to give a reason why it is useless to help the poor. They act like Jesus is saying that we can’t really do anything to solve poverty, so we should just quit trying.

But that is the opposite of what Jesus was saying. He was quoting from Deuteronomy 15:11 in order to remind the people in the room that acting upset about this woman’s gift to Jesus was hypocritical when they were tightfisted toward the poor every day. These were the same kind of people who declared their possessions Corban, or devoted to God, so that their poor aging parents would not be able to make a claim on their wealth. They were the ones who tithed their mint and cumin but ignored the weightier matters of the law concerning justice and mercy. So when they hear Jesus quoting Deuteronomy 15:11, they knew the rest of the verse condemned them for not opening their hands to the poor and needy who came their way.

An economic system which exploits and uses the average worker so that a wealthy elite can become richer and richer has turned away from the ways of God. Economic systems are not strictly rational and unhindered free markets. Economic systems do not operate independently of power, and lots of money translates into lots of power. If a society is to be beneficent, just, and prosperous, it must be organized in ways to see that all of its members can have a share in the good, a share of justice and a share of prosperity. But far too often, people and institutions with great wealth use their power to benefit only themselves and to the detriment of the poor and the worker.

There are many forms that economic inequity and injustice can take. Many examples of inequity in the economy are addressed in the Bible. One which was often addressed is called usury. U-S-U-R-Y, usury. Usury describes the practice of charging inordinate interest on loans. The Bible generally looks down on the practice of charging interest, but it does not seem to ban it absolutely. However, it is very clear in saying that charging interest on people who are in economic distress is wrong. By biblical standards, usury is one of the worst forms of sin, often listed along with lying, bribery, dishonoring parents, robbery, adultery, rape, and murder.

But nowadays we live in a different economic system, and charging interest has become a standard way of doing business. We don’t like high interest rates, but we are used to seeing them. We accept it as the way business works. Of course, it is the way that people who have plenty of money can use their money’s power to gain even more money. I accept and agree that there are reasonable ways of loaning with interest which do not go against the biblical view of economic justice, but there are also many common practices which blatantly offend God’s justice.

Part of the problem is that we have been trained to think in a modern way that is different from the Bible’s teaching. We don’t usually think of interest as potentially falling into the same category with rape and murder. Most of us keep trying to get more credit so we can borrow more and get more stuff. Certainly all of us need to learn how to be careful and responsible in the way that we borrow money and go into debt. Many of our bad choices have put us in the mess we are in. But let’s not be turned away from the heart of this problem. The issue at hand is usury. While there are appropriate ways to borrow and loan money with interest, there are also many inappropriate, wrong, even downright evil ways of doing so, called usury.

We all need to learn a little history to understand the present. Until the late 1970s, there was a federal usury law in the U. S. which set a limit on interest rates that banks could charge. That law was repealed during a time of high inflation when the economy was in turmoil. While it may have helped get business through one set of problems, it gave rise to a whole new set of problems. Those problems have been steeping and stewing for thirty years. Those of us who have been trying to make a living since that time have seen how interest rates have gotten higher and higher, payday loans have taken a foothold with astronomical rates, and banks have offered credit with teaser rates only to jack interest rates up again and again with little or no warning.

Consumer credit has become such a growth industry because the banks are taking a subscription on our future income. Just like you subscribe to a magazine and it keeps coming for a year or several years, they are subscribing to a piece of your paycheck. They adjust their lending practices to try to make sure that you keep having to pay them for years and years, even if you didn’t borrow very much. Low monthly payments mean plenty of interest is paid and very little of the principal. Their business plan is to keep your monthly payments coming indefinitely, almost infinitely. I know what I’m talking about, because Visa has had a long-time subscription to my paycheck. But an economy based on predatory practices is not sustainable. The overextended, high-risk, no tomorrow credit economy has reached the limits of its irrationality and recklessness. A reckoning has come.

Continued into final section in next post . . .