“This rule is a crucial step to limit big banks’ and other financial companies’ efforts to escape liability if they break the law. Congressional or industry interference with the CFPB’s rulemaking process on forced arbitration would undermine consumer protection for critical financial products and services.”
“Under the terms of the CFPB’s proposal, consumers and companies would remain perfectly free to resolve disputes through arbitration, but it would be a voluntary act on both sides. What the CFPB is seeking to regulate is involuntary arbitration, dictated and controlled by banks and financial companies through take it-or-leave-it contracts with consumers. More specifically, its proposal would bar companies from compelling consumers to sign away the right to join forces to challenge a practice that injures many people at once.”
“Google announced Wednesday that it would ban advertisements for payday loans and related products on its website, saying that they often lead to unaffordable repayment terms and financial harm to consumers… Lisa Donner, the executive director of Americans for Financial Reform, said in a statement that Google’s new standards would stop abusive lenders from marketing what she described as ‘debt-trap products that do serious and lasting harm to consumers.’”
“To its considerable credit, Google has decided to stop running search ads for debt-trap payday loans. This decision, which follows a similar announcement by Facebook last year, closes off an important avenue of customer recruitment for an industry that is doing more and more of its business online. Payday loans, whether made through physical or virtual storefronts, are engineered to suck people into long-term triple-digit-interest debt, making their financial problems worse, not better.”
“’These clauses rob people not only of their constitutional right to go to court, but of the right to band together with others who have been damaged by the same corporate misconduct,’ said Lisa Donner, Executive Director of Americans for Financial Reform. ‘Each victim is compelled to go it alone, even if the cost of taking action far exceeds the damages in any individual case. Because the process often bars the parties from going public with their stories, forced arbitration serves as a way for companies to keep evidence of wrongdoing under wraps.'”
“Consumer advocates commend the CFPB for taking this crucial step to limit big banks’ and other financial companies’ efforts to escape accountability for breaking the law, and urge the agency to use the full force of its authority to restore consumers’ right to choose how to resolve disputes with financial institutions in this, and every, context in the final rule.”
“The dispute over the CFPB is the latest attempt by business interests to limit the scope of Dodd-Frank. Backed by Wall Street and corporate lobbyists, Republicans in Congress have tried to roll back various provisions of the law. That effort has so far failed, and now the courts have become an alternative venue for the campaign. ‘The financial industry is using all the tools available to resist the regulation mandated under Dodd-Frank,’ says Brian Marshall, policy counsel at Americans for Financial Reform…”
“About half of all online payday loan customers end up paying fees ($185 is the average amount) triggered by failed debit attempts. Some lenders keep on trying to collect in even when there is likely to be no effect other than to increase the cost to the borrower. Some companies will even break a payment into multiple smaller amounts, submitting three $100 requests, for example, instead of one $300 request. A third of the customers hit with such penalties end up having their bank accounts closed involuntarily.”
“Brian Marshall, policy counsel for Americans for Financial Reform… contends that if PHH’s concern is really that the president lacks sufficient authority over a federal agency, a multi-member structure should be even more problematic. ‘To get control of the Federal Trade Commission, a president would have to remove three commissioners — and that is virtually impossible,’ he said.”
What made the latest congressional hearings on the Consumer Financial Protection Bureau different from other hearings? A delegation of consumer advocates from around the country wearing lime-green t-shirts that said “Stand Up for the CFPB” and “The CFPB Has My Back.” They were there to remind lawmakers that the great majority of Americans, across party lines, don’t just like the idea of such an agency; they also support the major steps it has taken to bring a sense of fair play to the financial marketplace.