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Consumers Union
Washington, DC Office
West Coast Regional Office
Publisher of Consumer Reports magazine
November 16, 1998
Prepared by:
Mary Griffin
Gail Hillebrand
Frank Torres
INTRODUCTION
STEP ONE: RESTRUCTURE FINANCIAL SERVICES TO MEET CONSUMERS' NEEDS
Privacy
Deceptive and Misleading Sales Practices
Guarding the Safety & Soundness of our Banking System
STEP TWO: MAKE MERGERS RESPONSIVE TO CONSUMERS, NOT JUST SHAREHOLDERS
The Explosion of Mergers: Banks
The Explosion of Mergers: The Financial Services Industry
Increased Fees & Junk Fees
STEP THREE: MAKE THE LENDING INDUSTRY ACCOUNTABLE
High cost Sub-Prime Lending
Mortgage Lending
Consumer Credit
Electronic Funds Transfer '99
APPENDIX
Why We Need Financial Services Reform: Case Studies
INTRODUCTION
In the face of rapid changes that continue to rattle through the financial services marketplace and leave consumers vulnerable to privacy invasions, rip-offs and unfair dealing, the newly elected Congress should make the overhaul of consumer finance laws a top priority. And the Clinton Administration's bank regulators must use the powers Congress gave them to protect consumers' interests. To get policymakers started, we at Consumers Union, the non-profit publisher of Consumer Reports magazine, have bundled our ideas for change in "A Consumer Blueprint for Financial Services Reform".
Consumers Union believes it is time for Congress and regulators to take a hard look at the way the banking industry, the financial services industry and the lending industry do business, and make certain that consumer protection laws are keeping up with the rapid changes in the industry. Too often policymakers put the interests of industry ahead of the interest of consumers. It is time for our public officials to step up to the plate to ensure that all consumers, not just the wealthiest, are served adequately and fairly by our financial institutions. Consumer finance laws cry out for an update, so consumers can enter the next millennium secure in the knowledge that a new era has arrived in Washington and personal finance issues are finally going to get the attention they deserve.
The following "Eight Principles" of what consumers need in a rapidly changing market form the foundation for this consumer agenda. Consumers Union believes consumers need:
1. a fair, efficient and affordable method for cashing or depositing checks, making payments and savings;
2. fiscally sound and liquid providers of financial services;
3. reasonable limits on the amount of risk that consumers must undertake, and clear, meaningful disclosure of the risk associated with different financial service products;
4. meaningful shopping choices including simple and understandable pricing and products, and useful disclosure;
5. access to credit at affordable rates;
6. financial privacy;
7. accessible and responsive federal and state regulators; and
8. a just, equitable and widely available system of financial services.
This blueprint is presented in a format that identifies the problem and the solution in ten subject areas that require the attention of Congress and the Clinton Administration. This "Consumer Blueprint" brings together innovative pro-consumer ideas in three categories:
· restructuring financial services to meet consumers needs;
· assessing the impact of mergers on consumers; and
· making the lending industry accountable.
PRIVACY
THE PROBLEM:
Financial firms have become masters at the marketing frenzy of seeking out new customers, invading our mailboxes and telephone lines with abandon and almost no checks on their practices. Consumers have few privacy protections in the law, either for traditional "paper-based" transactions or the new world of "e-commerce." As banks, insurers and investment firms merge into huge "money centers," the risk of confidential customer information being shared or sold without the consumer's knowledge or consent becomes great.
THE SOLUTION:
Update Privacy Laws Now: Start by closing loopholes and exemptions in the Fair Credit Reporting Act. Hard fought reforms that took effect in 1997 to provide consumers with some limited control over how credit bureaus use databanks of personal information for commercial marketing purposes are proving to be deficient because of serious gaps in the law.
The credit industry actively uses these loopholes to evade the will of Congress by allowing affiliates to share information between themselves without restriction if they can document that once upon a time the customer got a limited opportunity to "opt-out" of this practice. Besides your name, address and phone, these lucrative data pools can also contain details about consumers' financial transactions - such as whether they recently got a mortgage or a loan - since these kinds of details are completely exempt from the 1997 reforms. Congress should:
DECEPTIVE & MISLEADING SALES PRACTICES
THE PROBLEM:
Banks tout their entry into the insurance and investment world as a boon for consumers but studies indicate it could just as easily be a bust for consumers who are misled about whether the products banks sell are FDIC-insured or otherwise guaranteed. Banks still don't have to comply with the full panoply of investor protection rules that apply to registered securities brokers, including the ability to recover losses through the securities arbitration process.
THE SOLUTION:
Consumers need protections in the area of bank retail sales. To help prevent confusion and coercion, consumers need:
GUARDING THE SAFETY & SOUNDNESS OF OUR BANKING SYSTEM
THE PROBLEM:
The "too-big-to-fail" doctrine puts taxpayers on the hook if these mega-institutions move into riskier activities that up until now have not been underwritten by the U.S. taxpayers. The hedge fund fiasco should give us pause about dangers ahead.
THE SOLUTION:
Minimize Taxpayer Risk. Risky activities, such as insurance and securities underwriting, should only be permitted in separately capitalized affiliates, in which the parent holding company separates the bank from the other financial firm, to reduce the risk of loss to the banks from these activities. In addition, appropriate bank supervision, regulation and "firewalls" are needed to prevent risk to the deposit insurance system.
Keep Banks and Commercial Firms Separate. The longstanding separation between banks and the commercial firms to which they supply credit should remain intact. The problems in Asia highlight the need to keep the sources of credit separate from the companies that need credit. When large commercial firms owned by banks in Asia and elsewhere became insolvent, the government and taxpayers had to support the banking system that suffered staggering losses from the bankrupt firms.
The Explosion of Mergers: Banks
THE PROBLEM:
Merging banks have been extremely vague about the real impact of their mergers, leaving consumers and communities largely in the dark about whether they truly meet the legal standard of meeting the "convenience and needs of the community." Experience with branch closings and fee increases after recent mergers leave consumers at risk of receiving reduced services, higher prices, less community-oriented spirit and worse access to banking services for low and moderate income consumers.
The rush by regulators to approve large bank mergers has occurred with virtually no public input. Several different mergers with nationwide implications and impacts had only one public hearing. Two of the bank mergers approved in 1998 total $1.267 trillion in assets, yet the Federal Reserve held just one public hearing on each of these mergers.
From 1980 to 1997, not counting 1998's extraordinarily large mergers, there were 7,211 bank mergers and $1.8 trillion in assets acquired. In nominal dollars, the ten largest U.S. banks held more than double the volume of assets in 1997 as the top ten in 1990. The top 100 U.S. banks have increased their share of U.S. assets held from 51 percent in 1980 to 74.6 percent in 1997.
In addition, too little attention is being paid to the impact of mergers on the two tier financial system, where often lower income consumers get higher prices and lower quality products.
The federal merger guidelines assume that each merger can increase concentration by a preset, measurable amount without harm to the marketplace. However, when mergers are rapid, assumptions that any merger has minimal impact can overlook the cumulative effect of these mergers on the marketplace.
THE SOLUTION:
Unless the Clinton Administration officials become responsive to consumers needs, the 106th Congress should take four steps to assure mergers are responsive to consumers, not just shareholders:
The Explosion of Bank Mergers: The Financial Services Industry
THE PROBLEM:
The Community Reinvestment Act (CRA) has resulted in demonstrable benefits to low and moderate income communities: credit has been extended for affordable, locally managed housing, first time homebuyers, and targeted small business and other community development purposes. According to the Federal Financial Institutions Examination Council (FFEIC), community development loans nationwide totaled $18.6 billion for 1997.
Despite these positive benefits to communities this public law has been under attack in Congress and lacks the vigorous support from regulators it warrants. Recent CRA announcements by major multi-state banks have lacked specific targeting and commitments to ensure that loans counted for CRA purposes in fact deliver new economic stimulus to low- and moderate-income communities.
The federal banking agencies' willingness to approve multi-state bank mergers - the market has experienced 121 of these from 1980-97 - without strong, specific, and enforceable CRA commitments to particular states and regions places the value of CRA at risk.
One of the original justifications for the law was the participation of the federal government in assuring the continued solvency of the banking system. As banks begin to own more non-bank affiliates, and the businesses of banking, insurance and securities become more similar, the line between covered and uncovered activities becomes arbitrary.
Insurance companies in particular have had a less than stellar record of serving the needs of low-income and minority communities. Studies indicate redlining of these areas takes place in the form of refusing to write insurance, selling at higher prices or selling inferior insurance products. Nationwide was recently slapped with a $100 million judgement for refusing to sell policies in minority neighborhoods.
THE SOLUTION:
As insurance companies and securities firms merge with depository institutions, they should come under obligations similar to the federal Community Reinvestment Act and other obligations of the type applied to banks to ensure they too meet the needs of all communities, not just the wealthiest. The insurance and securities industries must be held to account for unfair and discriminatory dealing. The trillions in assets they hold should be put to work to assure the communities where they do business stay vibrant and working. To meet this goal, Congress should look toward three tactics:
Increased Fees & More Junk Fees
THE PROBLEM:
The proliferation of new fees makes it harder for consumers to comparison shop for the lowest-priced account. In March 1996 Consumer Reports found banks across the country charging more than 100 different fees on checking and savings accounts. In Congressional testimony in February, 1997 Stephen Brobeck of the Consumer Federation of America stated that one expert had identified 200 fees that banks could charge on deposit accounts.
THE SOLUTION:
THE PROBLEM:
More price competition and better products are needed for low- and moderate-income borrowers, including for borrowers with less-than-perfect credit. The explosion of the sub-prime lending industry has provided new sources of credit for consumers with imperfect credit histories, but also new players eager to sell high-cost credit to overextended consumers.
At the same time of this explosion in the sub-prime market, a recent industry study shows that 38 percent of one major bank's low-income borrowers had credit scores above 720. Even when low-income borrowers have good credit records, often it is only the high-cost providers who actively market to them.
THE SOLUTION:
Assure that low-income borrowers are not relegated to the sub-prime market by beefing up scrutiny of traditional bank and thrift lenders.
All financial institutions need effective initiatives to place each borrower in the credit product with the best terms for which that borrower qualifies. Each bank involved in sub-prime lending should be required to maintain an effective program to refer qualified applicants from the higher cost finance company to lower cost bank credit. Absence of such a program should be strong evidence of a fair lending violation.
Mortgage Lending
THE PROBLEM:
The current mortgage process is overly complex and can be confusing to consumers, who face many traps when they make what is usually the biggest transaction of their lives - buying a home.
Loopholes in current law make it very difficult for homebuyers to protect their pocketbook when they shop for a home and all the related services necessary to finance and settle the deal. Consumers get critical information too late in the process. Disclosures about the cost of the loan are typically made only after the prospective homeowner pays an application fee, which can amount to hundreds of dollars. Even after the terms are disclosed they are not firm until closing.
Once in their homes, consumers get abused through predatory lending practices on home equity loans, such as:
Equity Stripping: a lender may base a loan solely on the equity in a home, not on an ability to repay the loan. This type of lending is dangerous, especially for the elderly who have built up equity in their homes, but may live on a fixed income.
Packing: many consumers seeking these loans may have few other choices. Extra costs may be built in, i.e., credit insurance, for items that the consumer does not need;
Flipping: multiple refinancing of loans with no benefit to the consumer. This often occurs when the original loan may have also been abusive; and
Home Improvement Scams: an area ripe for consumer rip-offs.
THE SOLUTION:
Legislation is needed to ensure consumers have:
Congress should act to make sure consumers have effective protections against fraud, deception and unfair predatory lending practices through:
Consumer Credit
THE PROBLEM:
For American consumers, credit card debt alone has doubled in just four years. At the end of 1997 there was $422 billion of credit card loans outstanding. Three out of five American households carry credit card debt of $7,000 or above.
The credit industry encourages people to carry large loads of consumer debt with a multitude of aggressive tactics that are irresponsible:
THE SOLUTION:
Legislation is needed to ensure consumers have adequate information about their choices with respect to consumer credit, responsible debtors are not penalized, and minors are protected. Measures must be put in place to:
Electronic Funds Transfer '99
THE PROBLEM:
Implementation of the 1996 law requiring that all federal payments, including social security, welfare, and other federal benefits, be made electronically has stirred enormous confusion and concern. Unless a waiver is obtained, all recipients of federal benefits must obtain some type of account into which their checks can be electronically deposited beginning on January 1, 1999.
By dragging its feet on putting standards in place to govern these accounts, the Department of Treasury has left the door open for fringe financial service providers to enter the market and siphon off fees. Questionable partnerships between fringe bankers, such as check cashers, and banks to take advantage of the law need prompt congressional oversight and review.
THE SOLUTION:
Consumers who elect to receive their benefits this way should receive fair and reasonable services and some added benefit of convenience. Moreover, a significant number of the 12 million households who do not maintain a bank account could be lifted into the financial mainstream if EFT '99 spurs them to get a bank account.
Congress must get involved now to shape this future. It should:
The dawning of the EFT '99 issue also creates a public obligation for Congress to assure that consumers have access to low cost deposit accounts. The beneficiaries?
-- 12 million households going without deposit accounts altogether, who stand to benefit from such a proposal.
-- 48 million households who keep less than a thousand dollars in their checking accounts and can be trapped in a never-ending cycle of fees.
Justine
Florida
Justine, a 92 year old woman who lives in Florida, lost about $3,700 before she was made aware that she had purchased an uninsured stock investment and her bank was selling off principal to pay her a monthly amount. Justine lives in a retirement home and a bank branch of Barnett (now NationsBank) was downstairs. When she went in one day, the teller told her she had too much in her savings account, and why doesn't she do something with it to get a better return. The teller told her she could set up an appointment with a man; she later went down to the bank office and met with the man. She told him that she needed to have an income of $1,100 per month to pay for her bills, etc. and he said he could do that for her with the amount she had to invest, $10,000. She was getting $1,100 per month for about 4 months. She had a CD coming due on another $10,000 and she went to her broker to get advice on what to do with that money. The broker saw that she was sold stock by the bank and the bank was just selling off her principal to pay the monthly amount. Justine was "dumbfounded when the broker told her what they were doing." She thought she was dealing with the bank and that whatever she purchased was FDIC-insured and guaranteed. This is an example of why protections for bank sales are so desperately needed.
Marty Koontz
San Diego, California
Marty's found her privacy violated when her credit and bank records were obtained by private investigators hired by the former wife of her husband. By court order the former wife was not even supposed to have the address of the husband. Marty noticed charges on her monthly Wells Fargo bank account statement for calls made to the 24-hour account service of the bank, and at first didn't think too much of it. Later, when she realized there had been a lot of suspicious inquiries into her financial records, she realized someone had gotten her account information. Unfortunately, with her social security number in hand from various sources, the person was able to access her account information. The investigators also accessed credit information from her credit report. Although they admitted to obtaining "credit header" information, which is a loophole in the Fair Credit Reporting Act (FCRA), Marty has information that indicates the investigators illegally obtained access to her full credit report and has taken action against them for violating the FCRA. These are only a few examples of how Marty's privacy was violated, but they demonstrate the need to close the FCRA loopholes and put affirmative obligations on banks to protect against outsiders' access to account information.
Rebecca
Houston, Texas
Rebecca had had a Mastercard account with Mellon Bank for 14 years. She says that she had been "diligently paying off debt," so she had not used her card in some time, "and in fact had not been overly zealous in checking my bill." But last July, she looked at her statement and noticed a charge of approximately $50. When she called the bank to ask what the charge was for, she was told that Mellon was charging her for not using her card in six months. The customer service representative advised her to use her card more often in order to avoid the charge, but Rebecca felt that her "$30 annual fee and interest on [her] remaining balance should be enough," so she told the representative that she was canceling her account. Though she had been a customer for so many years, no one tried to talk Rebecca out of the cancellation.
Frank
An example from Privacy Rights Clearinghouse
Frank decided to take over his elderly aunt's banking for her. He asked the bank to send her monthly bank statements to his house, addressed to her. Now he finds that he is getting an assortment of what he calls 'junk' mail solicitations addressed to his aunt at his address. Frank is convinced that the bank has sold this information to marketers as that is the only account that he transferred from his aunt's home to his. But he is unable to get a clear answer from the bank.
Rick
Michigan
Rick's mother-in-law, an elderly woman with limited English skills, called her bank to say that she wanted to buy a CD with the cash she had just received from the sale of her house. The bank referred her to an 800 number for a sales representative. When she called, the agent set up an appointment to meet her at the local bank branch in her town. Despite the fact that she wanted an insured, extremely safe place for her money, the agent sold her an annuity. Rick found out and informed her that it was an annuity that was not federally insured. She wanted a CD and thought that she had purchased one. On behalf of his mother-in-law, Rick called the agent to cancel the transaction. Protections are needed to make sure that consumers are informed in a meaningful way about the products they purchase from bank salespeople.
Consumers in California
Homeowners in California who borrowed from First Alliance Mortgage Company found out they got a lot more than what they bargained for when they discovered the loan amounts were for more than they had requested, and the interest rates and fees were higher than what they were told. The consumers say these predatory lending practices cost them thousands of dollars in fees and interest and, for some, their homes. They have joined in an action against the company, hoping to recover some of their losses. Here are just a few examples of why protections are needed to ensure honest and fair dealing by lenders.
Lucrecia Wilder believed she was borrowing $50,000 but the actual loan was for $137,602, including an $18,920 origination fee. The monthly loan payments of $1,279 drained her savings and she eventually had to sell her home to pay off her debts.
Mary Ryan asked to borrow $5,000 to fix the plumbing in her home. Instead, the company sold her a loan for four times that amount, including $3,990 in origination fees. Less than a year later, her loan was flipped, or refinanced, by the same company. The second loan was for $41,079 with more than $8,000 in origination fees.
Carol and Henry Hong thought they were borrowing $180,000 but the actual loan was for $205,927, including a $19,950 origination fee. They say they were told the fee was $400. Their monthly payments ended up being $1,618.
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Some of these consumers will be available to speak to the press. If you would like to get in touch with any of them, please contact Consumers Union D.C. Media Director Kathy McShea at 202/462-6262. |