Posts Tagged ‘consumers’

This could be good news for consumers: President Obama is reportedly poised to proposed a new group to improve consumer protection in the United States.

The group, called the Consumer Financial Protection Agency (CFPA), could provide an exciting variety of regulations and protections for Americans.

The agency is reportedly going to be based on legislation introduced by Senator Dick Durbin (D, Ill) and backed by Senators Ted Kennedy (D, Mass) and Chuck Schumer (D, NY).

Consumer Protection with Teeth

Various news outlets have been emphasizing the idea that this consumer protection agency (unlike other consumer protection agencies?) would “have teeth,” presumably meaning significant power.

The realm of the CFPA would likely include the following.

  • Enforcing protection from deceptive practices. Although the term “predatory lending” hasn’t been used, the agency would ensure that consumers could access clear, concise information about the financial products offered to them and that agencies refrained from using deceitful marketing.
  • Enforcing fuller disclosure about financial products. Theoretically, requiring companies to be upfront about fees, penalties, costs and risks would better equip consumers to make smart financial decisions.
  • Discouraging exotic financial products. The agency would add hurdles to the process of signing agreements for complex products like subprime mortgages and complex credit cards for consumers whose needs would be served by more standard products.
  • Removing the risk factors for another mortgage crisis. This could involve implementing significant structural changes to the mortgage lending industry so that excessively risky loans would no longer make financial sense.
  • Toughening requirements for lenders. To discourage excessive leveraging by lenders, the agency could require lenders to hang on to at least five percent of their loans instead of selling them in full to investors. This would, in theory, encourage lenders to make less risky loans.
  • Overseeing the Community Reinvestment Act. The agency would also be involved in checking in on the progress of the CRA, which encourages financial institutions to lend to financially disadvantaged communities.

Support and Opposition

Unsurprisingly, many business organizations have expressed concern about the CFPA, suggesting that the proposed regulations could hinder their ability to make profits.

In fact, the CFPA would do just that – specifically, hinder businesses from making profits by using deceitful and/or dishonest tactics.

Lawmakers and consumer advocates from all over the political spectrum, though, have shown support for the agency and its proposed powers.

Need more consumer protection or filing bankruptcy information? Visit our home, www.TotalBankruptcy.com.

Wednesday, December 31st, 2008

Latest Fashion Trend for 2009: Bankruptcy

According to the Chicago Sun-Times, several retail analysts are predicting that up to 73,000 retail locations will close during the first quarter of 2009 and 20-40% of retail chains could go totally out of business next year.

Ann Taylor, Sears and Talbots are just some examples of the retailers that may be heading toward filing bankruptcy in early 2009, according to the Washington Times.

To struggling retailers, there's little hope that sales will improve as quickly as they need them to--consumers are still very hesitant to swipe that credit card or pull out that cash.

For now, though, consumers who want to spend can take advantage of the stores' massive [and seemingly desperate] blowout sales.

The Credit Cardholders’ Bill of Rights Act of 2008 is a big hit with many consumer advocates, who say it offers much-needed protection from predatory credit card practices; however, banks warn that passage of the bill might actually wind up hurting consumers.

“Less risky borrowers will have to absorb the costs posed by riskier borrowers if issuers can't price everyone based on the risk they pose,” said Ken Clayton, senior vice president of card policy at the American Bankers Association in a Bloomberg.com article.

The article further states that “the percentage of credit-card debts that were unpaid after at least 30 days rose 22 percent this June over a year earlier, averaging 4.03 percent,” citing reports filed by various credit card companies and banks.

Creditors threaten that if the bill passes, they’ll have to closely scrutinize credit card applicants and deny credit cards to “high-risk” people who have low credit scores.

Proponents of the bill—like the National Association of Consumer Advocates—say that credit card companies have had their way for too long and this bill provides consumers with long-awaited protection.

Provisions of the Act

The act was recently approved by a vote of 39 to 27 by the House Financial Services Committee and should be heading to the floor for House action.

It’s intended to prevent sudden increases and fees from being easily tacked on to consumers’ credit card bills.

The bill includes the following provisions, among others:

  • creditors can’t increase APR interest rates because of reasons such as a change in a consumer’s credit score—they may only increase the APR rate if the direct account becomes delinquent or when the contract expires
  • consumers have the right to cancel the card and pay off the balance at the current rate should a creditor increase the interest rate when the contract expires
  • consumers may reject any pre-approved credit card before they activate it and it will not affect their credit rating
  • creditors can’t charge over-limit fees if the consumer is on a fixed-credit limit
  • creditors must give at least 45 days notice to a consumer before increasing any rates
  • creditors can’t charge interest on any charges paid during grace periods and can’t add on fees on an interest-only balance as long as payments are made on time
  • creditors must use clear language in defining “fixed-rate” or “prime-rate” plans and provide easy ways for consumers to access information about their payoff balances
  • creditors must divulge their profits and card fee and rate information to Congress

Stay tuned to Total Bankruptcy for more information on this important piece of bankruptcy legislation as it develops.