Wednesday, June 29, 2011

Bat Signal out for Wronged Consumers

Harmful lending practices on the part of certain car title lenders and internet payday lenders have fueled an outreach effort from the Virginia Poverty Law Center (VPLC) designed to increase awareness of illegal lending. Car title lending, an industry that came under regulation on October 1st, 2010, requires Virginia lenders to be licensed.  Despite this implementation, only 7 out of the 23 car title lenders in Virginia had obtained licenses by October 1st.  The VPLC has received calls through its Predatory Lending Hotline from borrowers of illegal loans.  These consumers had taken out loans from unlicensed car title lenders after October 1st, and although the loans are illegal and unenforceable, borrowers are still being hounded to pay back these illegal loans.  The VPLC has also received calls from victims of internet loans, which are illegal in Virginia.  VPLC interns have hit the streets armed with flyers and information as part of an outreach campaign designed to promote the hotline to those who have received an illegal internet loan or a potentially illegal car title loan.





Tuesday, June 28, 2011

Consumer Outreach

VPLC interns have hit the streets to spread the word about predatory lending. The interns have formed connections in the community with local libraries, local businesses and community organizations such as Hill Top Promises. As part of an ongoing project, the VPLC interns will keep you updated on their outreach efforts.

Baby Steps...

Dallas’ City Council has gone to bat for consumers against payday lenders in a unanimous decision to pass regulations aimed to help consumers pay off the debt from these predatory loans.  The City Council has acted in response to a lack of legislation from the state level.  Dallas City Councilman, Jerry Allen, said in an NBC DFW report about the new city regulations that “this is as strong a teeth that we can put into this and it sends a message that we will not tolerate our citizens bring taken advantage of.”   

Virginians can easily relate to Allen’s concern that the state is not doing enough to protect consumers.  On the 23rd of June, The Virginian-Pilot blasted the state legislature for ignoring the wants of its constituents.  Despite calls for regulation of predatory lenders from the Federal Government, Consumer Advocates, and borrowers, the number of predatory lending locations in Virginia has increased dramatically since the end of 2010.  The Virginian-Pilot seems to think it might have something to do with political contributions on the state level in excess of $200,000.   

Texans and Virginians can still stay optimistic, as the Attorney General of Arkansas, Dustin McDaniel, filed a suit against an internet payday lender based in Kansas.  The suit comes after successful efforts to eliminate “usurious storefront payday lending in [Arkansas,]” as McDaniel put it in an article on the Arkansas Attorney General's website.

America’s Nastiest Lender

I see a new reality show here: Predatory lender survival
Put them on an island with no food so they have to eat each other.
America’s Nastiest Lender
These two men helped create the payday loan business that preys on the poorest Americans. Gary Rivlin on the outrageous lives and businesses of Jared Davis and Allan Jones.
by Gary Rivlin | June 25, 2011 11:57 AM EDT
Jared Davis or Allan Jones?

I think about some of the more odious characters I met in my two years hanging out on America’s subprime fringes and those two would be my finalists.

If forced to choose between them, I’d give the nod to Jones as the most repellant of them all. But in doing so I know I might well be short-changing Davis.
After all, I spent two days with Jones, listening to him rationalize a business, Check Into Cash, that earns him 400 percent or more interest on loans to those who can least afford it. We spent hours together locked in a car as Jones gave me a driving tour of his life and expounded on race and other issues. We shared a couple of meals, he showed me the house he built for himself modeled on the famous 250-room Biltmore mansion. His version includes two elevators, a pair of man-made lakes, and a regulation-sized football field complete with light, bleachers, and field house. We hung out at a bar as Jones sipped on what he calls a “Scotch slurpee” (the expensive single malt he has a bartender pour over shaved ice in the plastic cup they keep for him behind the bar) and he and his friends told jokes that landed with a thud on the wrong side of propriety.
Nikki Fox / Daily News-Record / AP Photo
Mainly, though, I listened to Jones complain. He’s clearing $20 million a year post-taxes making loans to hotel housekeepers, home health care workers, and others barely getting by each month. He owns two private jets and when the 136-foot yacht he bought from the king of Spain burned in a fire, he replaced it with a 157-foot vessel that Yachting magazine described as having “an abundance of exquisite and highly detailed woodwork… and 10 big-screen TVs.” But for a good portion of the 14 hours we spent together I endured his belly-aching about how much more he’d be making if he didn’t have to contend with the pointy-headed liberals and other critics who want to put a cap on how much he could charge.
Jared Davis could be just as sour as Jones and equally as greedy. He, too, pulls in around $20 million a year making loans of $300 or $400 or $500 a year to the working poor but he had brought his brother into the business and it was his father’s money that had gotten him started. He needed to share his spoils. “I don’t consider myself wealthy,” he tells me.
Davis is huge, a pear-shaped man who stands around 6 foot 5 inches tall. A “big old goofy-looking dude who always needs a shave” is the way Allan Jones describes him. There were photos around his office of him shaking hands with George W. Bush and John McCain and behind his desk hung stylish black-and-whites of his young children blown up so large that they were distracting. I watched the YouTube videos made by former Davis employees who felt horrible about how they made their money (“I resigned because I could no longer stomach the lies, and I could no longer continue exploiting customers, making hard lives even harder,” one said), I had spent the better part of a day with a former store manager who had saved some of the crass directives she had received from management (lend “to anyone getting social security,” one read, even if a customer only had “one dime to their name”). I’m sure I wou ld have found Jared Davis similarly loathsome if our time together had not been so limited. I only got to spend two hours with him before I was shown the door—barely enough time to even get into the lawsuit his father has filed against his two sons charging them with bilking him out of money.
It was Davis who followed Jones into the cash advance business. So Jones gets extra points on the loathsomeness scale for giving the country the payday loan industry. Jones was making good money as a small-town debt collector when he got the bright idea of selling fast and easy two-week loans to all those janitors and warehouse workers and mall clerks forever falling short of cash before the end of the month. He’d charge $20 for every $100 borrowed and he’d let you pay another $20 per $100 if you couldn’t pay him back in full in two weeks. At those rates, he was making more than 500 percent interest on his money. But what choice did people have when a bounced check would end up costing them more?
Jones opened his first payday store in 1993 in his hometown of Cleveland, Tennessee. By 2006, payday was a $40-billion-a-year industry with more storefronts scattered around the country than McDonalds and Burger Kings combined.
(And these stores are about as healthy for you, financially speaking, as a weekend spent binging on Big Macs: each year around 2 million customers end up owing a payday loan for most of the year, meaning the same $500 loan ends up costing them $2,000 in fees.)
That’s how Jones saw it. “You’re comparing me with Jared Davis and them all at Check ‘n Go?” he asked me incredulously. “There’s things they’ve done over there,” Jones said, sounding genuinely offended, “that we’d never do here.”
Jared Davis was a 26-year-old rich kid from Cincinnati casting about for something to do when he learned about the payday loan business. Only 14 months had passed since Jones opened that first store so the entire country was still up for grabs. Davis’ father was the CEO and president of Provident Bank, Cincinnati’s second largest. He didn’t need much convincing about the wisdom of investing in his son’s startup. You’d just have to open a store and a few months later you’d recoup your investment costs. Then you’d start clearing profits of 50 percent.
Broke, USA: From Pawnshops to Poverty, Inc.—How the Working Poor Became Big Business By Gary Rivlin. 368 pages. HarperCollins. $15.99.
If nothing else, Jones and Davis had good timing. At the start of the 1990s, the price of everything from housing to heating oil to health care was going up while the wages of the bottom half were stagnating. For those living on the economic margins, a stop at the local payday store offered an easy solution they could squeeze in between work and picking up the kids.
“Loaning people small amounts of money against their next paycheck?” Davis told me. “I liked the business. I liked it a lot.”
Davis had lawyers on retainer researching state laws to find where they might legally make these high-priced loans (loan sharks, after all, typically charge about 150 percent interest and loan sharking is illegal). So, too, did Jones. Both employed small legions of lobbyists, both gave liberally to elected officials in the hopes they’d support legislation that allowed them to operate legally in that state.
“It got unbelievably competitive,” Jared Davis said. “It was literally a race from space to space.” Eventually both Jones and the Davises opened around 1,300 stores each. A loan shark I met with in Cleveland, Tennessee whistled with admiration over what Jones, who he has known since they were both young, had pulled off. He had taken the loan shark’s basic business model and gone national with it, making hundreds of millions of dollars in the process. Jones didn’t have his people breaking kneecaps (instead they’d harass you and your references with daily phone calls if you were late) but then he was also charging more than twice the rate.
“The thing about the poor people’s economy,” the loan shark told me, “is that basically it’s recession proof. You’re always going to have people who need $100 or $200 real quick.”
Jones added points on the odious scale while driving me around town and sharing his views on race. His town has just enough blacks to put together a decent basketball team and win some football games, he told me—but not so many that the good people of Cleveland, Tennessee need to worry about crime.
“That's why I can leave my keys in the car with the door unlocked,” he explained. Every Thursday afternoon, a former Jones employee told me, the big boss and his top executives pad around the office in their socks. Why? That’s when a black man named Randy, whom Jones and his cronies call the “Little Chocolate Man,” comes to shine their shoes.

On the other hand, race might be one of those topics that underscores that maybe I’m shortchanging Davis by relegating him to second place. A district director who used to work for him called a press conference a few years back to talk about the company’s methods for choosing new store locations. “I have been responsible for selecting sites for new stores in D.C. and northern Virginia,” he said—and to those who claim the company doesn’t target minority communities, “I can tell you emphatically that it does.”
When I asked Davis about his former employee’s claim, he impugned the man’s character and denied his charges. Then he acknowledged that the former employee might have been speaking the truth.
“Do we go after the minority customer?” Davis asked. “In D.C., you’re right, that’s all that live there. We go after that population. If it’s a Mexican population, we go after Mexicans. If it’s a white population, it’s whites we go after.”
Jones doesn’t seem well liked in his hometown. He’s crass, a local businessman offered. Another business owner told me the story of a delivery person he knows whom Jones tried to get fired because apparently he didn’t think she had shown him enough deference. “He lords himself over everyone,” a teacher who has known him since grade school confided in me. He gives the school the smallest donation, she said, and still adds strings to his gift: “Basically, he gives money to the school for wrestling and nothing else.” A few years back, Jones planted some trees in the town plaza– and now there’s a granite marker in the town square that tells passersby that W. A. ‘Allan’ Jones, Jr. dedicates these trees to all the citizens of the local county.
That’s Jones, a woman has known him since they were both children tells me. “He does one little thing and he has to build a marble statue in his honor,” she said, adding, “He was a prick then, he’s a prick now.” That seems the general consensus at a website called RateYourBoss.com, where entry after entry describes Jones as precisely the kind of chief executive for whom you would never want to work. “He constantly berates people, makes people cry, and bullies them,” one post reads. “He is horrible!”
Yet maybe Jared Davis deserves the nod after all. In my two years exploring the subprime fringes, I spent time with the founders of most of the country’s biggest payday lending companies. I spoke with entrepreneurs behind some of the smaller chains that must compete with the big boys. Hands down Check ‘n Go was the consensus choice for the payday chain that exhibited the least scruples.
That’s how Jones saw it. “You’re comparing me with Jared Davis and them all at Check ‘n Go?” he asked me incredulously during our second day together. “There’s things they’ve done over there,” Jones said, sounding genuinely offended, “that we’d never do here.”

Saturday, June 25, 2011

CFPB: Fighting for Consumer Protection

Where is the line between infringement of rights and consumer protection?  Starting July 1st 2011, the Consumer Financial Protection Bureau (CFPB) will begin to protect American consumer interests against the predatory practices of certain financial products.  The President and CEO of the Consumers Union, Jim Guest, claims that regardless of political leaning, protections from “unfair, deceptive, or abusive financial products” are needed to discourage the promotion of business models that knowingly endanger the assets and well being of consumers across America.  The federal watchdog has received heavy preemptive criticism from “detractors…labeling the bureau anti-bank, anti-growth, and anti-American.”  Consumers Union’s intent is to continue to provide to consumers “transparency, truth-in-labeling, and safety measures for everything from canned peas to cars.”  Consumer Reports, March 2011        

The CFPB has clearly outlined its goals to stop credit card companies from over-charging for late and repeat late fees, encourage credit card companies to standardize protection services regardless of method of payment, require bureaus to fix mistakes that they have made, and protect consumers from mandatory arbitration and emerging scams.  How can you help in the fight for consumer protection and increased transparency?  Talk about it.  Tell your neighbors that that the CFPB is on its way to fight against harmful financial products.  Starting July 1st, the CFPB will have to put its money where its mouth is.  Help give it a voice. 

To find more information about Consumers Union, please visit www.defendyourdollars.org

Thursday, June 23, 2011

Debt Collectors Ask for R-E-S-P-E-C-T

The New York Times recently ran an article discussing how debt collectors feel they are getting a bad rap and often face abuse by consumers. Consumers, however, may relate a little better with Aretha's signature lyric "sock it to me, sock it to me, sock it to me." Take a look at some of the 237 comments left by readers and it becomes apparent that consumers are continuing to feel harassed by debt collectors. There has been a 17% increase in the number of complaints filed against debt collectors and yet the Association of Credit and Collection Professionals (ACA International) is lobbying for more invasive means of contacting consumers that include allowing the use of cell phones, email, texting and autodialers for collection purposes (ACA "Blueprint at a Glance"). You can view the New York Times article by clicking here.

The Ugly Side of Car Title Loans

June 20th article by Tom Shean of The Virginian-Pilot explains the situation of Travis Wood, a twenty year old man who took out a cart title loan to help his girlfriend pay her rent.  Travis’ story raises questions like, are car title lenders properly regulated?  Is it fair to offer a financial product that causes so many people to default on their loans?  Is there a better way to help and protect Virginians who are in a financial bind?

The debate over whether or not certain types of financial services should be regulated is an ideological one.  Some are likely to blame Wood, while others are calling for stricter legislation limiting predatory lending practices.  Either way, this article provides a great example for why financial education should be stressed in high schools across Virginia.  Teaching students to read and understand the conditions of a financial agreement will allow for many more Virginians to make better decisions in regards to alternative financial services. 

New Data on Patrons of Alternative Financial Services in Virginia

On June 14th, an NBC 29 News Report from Charlottesville explained that new data from the Weldon Cooper Center for Public Service at the University of Virginia shows that 10% of Virginia families take out short term loans.   According to UVA demographer, Rebecca Tippett, Virginia is one of the most open states in terms of alternative financial services in the United States.  Typically, young unmarried parents take out these loans in order to provide for their families.  Often, these borrowers are employed, and in the case of car-title loans, borrowers are risking their livelihoods by putting up their methods of transportation as collateral.  It is to be noted that Virginia is in the minority, as it has yet to eliminate car-title loans.  Click here to view the transcript of the report from NBC WVIR-TV. 

Encouraging Responsible Lending

The Virginia Partnership to Encourage Responsible Lending (VaPERL) is in the business of protecting consumers.  Borrowers across Virginia have suffered from loans from payday lenders and car title lenders, which were unregulated before 2002 in Virginia.  The “Payday Loan Act” of 2002, passed by the General Assembly, instituted reforms that required all payday lenders to be licensed, submit annual reports, and abide by a limit on application fees.  Public advocates against predatory lending continue to fight for reforms as low income Virginians continue to be trapped in a cycle of poverty.  According to VaPERL, most payday lenders rely on their customers to take out 7 to 8 loans a year.  With lenders targeting repeat borrowers and applying annual interest rates that averaged nearly 300 percent, VaPERL led a campaign to reduce the annualized loan rates to 36 percent.  After 57 localities in Virginia supported the 36% cap, the 2008 General Assembly passed legislation that would lower the interest rate cap to 36 percent.  However, due to intense lobbying from the payday lending sector, loan fees were not included in the cap, allowing lenders to once again offer rates that approached the annualized loan rate of 300 percent.