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Monday, October 27, 2014

Predatory Lending and Interest Rates

                       Predatory Lending and Interest Rates
By Albert B. Kelly

I don’t know if you’ve been following the news, but over the past couple of weeks the news on loans and predatory lending has not been good for regular folks. While there have been some stories and even a few editorials about new rules and changes, most people remain unaware of what’s happening.

Yet these changes, taking place far away in the halls of Congress and in State Houses across the nation will have a big impact on a lot of people throughout Cumberland County and our region. The changes impact people with lower credit scores, the poor and military members.

According to a recent story in the New York Times by Michael Corkey, legislatures in a number of states over the last 2 years have voted to increase fees and interest rates that lenders can charge for certain “personal loans” used by many lower income borrowers.

Of course the term “personal loan” sounds sanitized and harmless; often we’re talking about people trying to pull together enough money to get a car repaired, pay a medical bill or deal with some other pressing crisis in their lives.

Understand that back in 2009, when the economy was imploding and Congress and the President were responding to public outrage over the behavior of the big banks, subprime lenders and Wall Street, the whole consumer loan industry had been trying to “make nice” to avoid the wrath of lawmakers.

But now that the immediate crisis has passed, the big banks, Wall Street, and the consumer loan industry is trying to peel back regulations put in place to protect borrowers from being exploited because they want to make more profit from working class Americans.

What does making more profit look like you ask? According to the Times article lenders can now charge 30% interest on the first $4,000 of a loan and 24% on the next $4,000. Under the old law, lenders could charge 30% interest on loans up to $1,000 and 18% on a remaining balance of $6,500.

A recent Times editorial talked about the impact on members of the military and efforts of the loan industry to peel back protections in the 2007 Military Lending Act designed to protect service members. One South Carolina lender gave a soldier a $1,615 title loan on a 13 year-old car and charged $15,613 in interest (400%).

Military leaders have described the problem of predatory lending as a national security issue; one that can turn members of the military into security risks, destroy morale and play havoc with our soldiers. That our fellow countryman serving in the military should be exploited in this way is shameful.

But it is also shameful to know that banks and lenders bleed the poor, the less wealthy, and the lower middle classes through fees and interest rates just south of loan shark territory for the sake of profit margins and happy shareholders.

In fact, lenders argue that interest rate caps had not kept pace with inflation and the increased costs of doing business; as if they were doing us all a favor by lending to us at these rates. I understand free markets and pricing in risk, but government has to set some rules of the road.

It’s hard to argue that those at the bottom or on the margins need to pull themselves up by their bootstraps when those bootstraps are so expensive. One crisis leads to a loan with outrageous interest rates-the borrower has trouble paying- they rollover the debt with more interest and it keeps going. They get buried by the interest and they never get out of the cycle. There’s a lot of money to be made off of those on the margins, but there’s a point where it’s just wrong and not in the country’s long-term interests.

If there’s a reason to register and turn out on Election Day, this might be it. The big banks, Wall Street, and the consumer loan industry can afford to pay lobbyists to press their case. The rest of us can’t afford a lobbyist but we do have one big bullet in our arsenal to fire and it’s called a vote.


That’s how you make your voice heard; voting is what you can do to make sure that the laws and regulations don’t just benefit a small group at the top at expense of everyone else. That’s why you show up for primaries and general elections; not just in presidential years, but every year. If we don’t, we’ll pay for it in ways we never imagined.