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Statement of National Consumer Law Center’s Lauren Saunders Regarding Appointment of Mulvaney as Interim Director of Consumer Bureau

FOR IMMEDIATE RELEASE: NOVEMBER 25, 2017 || Contacts: Lauren Saunders, lsaunders@nclc.org, (202) 595-7845, Jan Kruse (jkruse@nclc.org)

Washington, D.C. – Last night, President Trump announced the purported appointment of Office of Management and Budget director Mick Mulvaney as interim director of the Consumer Financial Protection Bureau. The following statement is by National Consumer Law Center Associate Director Lauren Saunders.

“President Trump’s purported appointment of Mick Mulvaney as interim director of America’s consumer watchdog is an illegal affront to the American public. Mulvaney has said that he would like to ‘get rid of’ the consumer bureau and has called the watchdog that has returned nearly $12 billion to 29 million Americans a ‘joke … in a sad, sick kind of way.’ But it is no joke to ordinary families to attempt to defang the one agency in Washington with the tools and independence to take on the Wall Street banks, giant credit reporting agencies, and predatory lenders that abuse the American public.

“In an attempt to install a wrecking ball at the helm of the consumer watchdog, President Trump has ignored the law that dictates that the consumer bureau’s deputy director takes over until Congress can confirm a new director. The law is designed to protect the consumer bureau’s independence and to make sure that the qualifications and biases of a new director are examined through the regular confirmation and hearing process.

“American voters of all political stripes support strong rules for financial giants and an independent consumer watchdog. People should be outraged at this attempt to ignore the law in order to side with Wall Street over Main Street and take a strong cop off the consumer protection beat.”

“We should not forget that just 10 years ago, a focus on bank profits over consumer protection rules resulted in the worst financial collapse since the Great Depression, and many families have not yet recovered. It’s illegal and reckless to put someone who thinks that consumer protection is a joke in charge of our key financial watchdog.”

The Federal Vacancies Reform Act, 5 U.S.C § 3347, provides that the President may appoint an acting head of an action “unless— (1) a statutory provision expressly… (B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; . . .”

The Dodd-Frank Wall Street Reform and Consumer Protection Act, which created the CFPB, 12 U.S.C. 5491(b)(5), expressly says: “There is established the position of Deputy Director, who shall—(A) be appointed by the Director; and (B) serve as acting Director in the absence or unavailability of the Director.”




CFPB Director Cordray Shaped a Critical Consumer Watchdog

FOR IMMEDIATE RELEASE: NOVEMBER 24, 2017 || 
Contacts: Lauren Saunders, lsaunders@nclc.org, (202) 595-7845, Jan Kruse, jkruse@nclc.org

Statement Regarding Richard Cordray Stepping Down Today as Director of the Consumer Financial Protection Bureau

Washington, D.C. – Today, Richard Cordray stepped down as director of the Consumer Financial Protection Bureau. The following statement is by National Consumer Law Center Associate Director Lauren Saunders.

“Under Richard Cordray’s leadership, the Consumer Financial Protection Bureau has been a critical force on the side of ordinary Americans who were cheated by big banks, abused by credit reporting agencies, or trapped in built-to-fail loans that turned the dream of owning a home into a nightmare. Director Cordray was instrumental in creating an effective consumer watchdog on the side of ordinary people to push back against financial wrongdoers and level the playing field for honest businesses. Under Director Cordray’s leadership, Americans’ pocketbooks have been safer, including those of older Americans, veterans, servicemembers, students, and families struggling paycheck to paycheck. 

“The Consumer Financial Protection Bureau was created to fix a rigged system where a zeal for deregulation and laissez faire capitalism allowed predatory financial practices to run amok, ruin millions of American families, and destroy our economy. Director Cordray saw that the Consumer Bureau lived up to its mission. In just a few years, the Consumer Financial Protection Bureau has made tremendous progress in writing fair rules and enforcing the law to attack abuses that impact mortgages, credit cards, student loans, payday loans, and more.

“Much work remains to address abusive debt collection practices, overdraft fees, credit reporting problems and other tricks and traps. It is critical that President Trump appoint a new director who is independent of powerful financial interests and who believes in the agency’s mission of standing on the side of ordinary families.

“Americans of all political persuasions firmly support a strong and independent consumer watchdog and strong rules for the financial industry. President Trump can show that consumer protection is a bipartisan issue by choosing a new director who will continue Rich Cordray’s exemplary leadership on behalf of American consumers.”




Statement of National Consumer Law Center Executive Director Rich Dubois Regarding Richard Cordray Stepping Down as Director of the Consumer Financial Protection Bureau

FOR IMMEDIATE RELEASE: NOVEMBER 15, 2017 || Contact: Jan Kruse (jkruse@nclc.org)

Washington, D.C. – Today, Richard Cordray announced that he will step down as director of the Consumer Financial Protection Bureau at the end of November 2017. The following statement is by National Consumer Law Center Executive Director Rich Dubois.

“Under Richard Cordray’s leadership, the Consumer Financial Protection Bureau has returned more than $12 billion dollars to 29 million Americans who were cheated by predatory lenders, fraudsters, and wrongdoing by financial companies, big and small. As the first director of America’s only agency that focuses entirely on protecting ordinary people in their financial lives, Director Cordray has been a strong voice for the ’forgotten man and woman,’ including older Americans, veterans, servicemembers, students, and average families. His calm, even-handed, and thoughtful leadership has set the template for the next director.

“The Consumer Bureau was created after neglect of consumer protection brought America to its knees. In just six short years, under Director Cordray’s direction, the consumer watchdog has made the financial marketplace safer and fairer. Americans firmly support strong rules for the financial industry, no matter their political beliefs.

“President Trump campaigned on protecting ordinary people against Wall Street excesses and righting a rigged system. That is exactly what the Consumer Bureau does, and the President must appoint a new director who is committed to the mission of consumer protection. The American public will speak up loudly against any effort to put financial industry foxes in charge of the hen house; to weaken protections for mortgages, payday loans, and other products; or to attack the consumer watchdog’s authority or independence.

“Much work has been accomplished but much more needs to be done, as evidenced by the scandals of financial giants Wells Fargo for its fake accounts and Equifax and complaints that continue to stream in about debt collection abuses, overdraft fees, and predatory loans. We at the National Consumer Law Center will continue to fight for fairness for ordinary families and we expect the Consumer Bureau to continue to do the same.”




FCC Proposed Changes Would Undermine Lifeline, a Key Program that Helps to Close the Digital Divide

FOR IMMEDIATE RELEASE: NOVEMBER 14, 2017 || Contacts: Olivia Wein (owein@nclc.org) or Jan Kruse (jkruse@nclc.org); (617) 542-8010

Nearly 70% of Americans Who Use Lifeline Service Would Lose Affordable Phone and Broadband Access from their Current Provider

Washington, D.C. – On Thursday, Nov. 16, the FCC is scheduled to vote on a combined set of orders and proposals that, if adopted, would destabilize and impair the federal Lifeline program and leave many of the most vulnerable people in the country without access to affordable communications. The Lifeline program provides essential, affordable voice and data service for low-income families who use the program for daily life essentials, including searching for jobs, completing homework, and communicating with employers, healthcare professionals, and teachers. Lifeline is one of four federal Universal Service programs and the only one targeted directly to helping low-income households, in all parts of the nation, overcome the cost barrier to connectivity.

Especially troubling is a proposal that would leave approximately 70 percent of the current Lifeline families stranded by the loss of their Lifeline service provider, solely because they are non-facilities based providers of communications services (for example, the prepaid wireless companies that provide Lifeline service). In some parts of the nation, these are the only companies that offer Lifeline service. Other proposals would place overall budget caps on the program that could shrink the size of all recipients’ benefits. And, they would place a lifetime cap on individual users, which would result in many consumers losing affordable service. Such proposals increase uncertainty that will make it extremely difficult, if not nearly impossible, to attract communications providers into the Lifeline marketplace.

“It is alarming that if adopted by the FCC, these proposals would remove providers of affordable telecommunications service for nearly 70 percent of the low-income households who rely on Lifeline to connect to our modern communications network,” said National Consumer Law Center attorney Olivia Wein. “Instead, we should keep and strengthen recent reforms that modernized the Lifeline program to bridge the digital divide and allow millions of low-income families to partake in daily activities that many of us take for granted, such as using the internet for work, homework or to communicate with doctors and teachers.”

Lifeline was created 30 years ago by President Reagan to help ensure that the most vulnerable people in the United States had access to lifesaving communications services. Reforms implemented in 2012 have driven down program costs and strengthened accountability. In 2016, the FCC adopted an order to modernize Lifeline for the digital age.




2017 Vern Countryman Consumer Law Award

The National Consumer Law Center Honors David Humphreys and Luke Wallace 

David HumphreysDavid Humphreys Luke WallaceLuke Wallace

With the 2017 Vern Countryman Consumer Law Award

The National Consumer Law Center (NCLC) is proud to honor Oklahoma attorneys David Humphreys and Luke Wallace with the 2017 Vern Countryman Consumer Law Award, named after one of our founding trustees. The Countryman Award is presented each year to a legal services or other public interest attorney whose special contributions to the practice of consumer law have strengthened and affirmed the rights of low-income Americans.

Humphreys and Wallace have a long-standing partnership based on a mutual dedication to consumer justice. They are true “Consumer Protection Lawyers Fighting for the Forgotten,” taking on cases that often draw national attention and hold great importance to the American consumer. Participating in dozens of consumer protection jury trials and settlements, both work diligently to understand and explain their client’s stories to illuminate the truth and secure justice.

David Humphreys has practiced law since 1987, focusing in areas including preventing collection abuse, predatory mortgage servicing, and representing the mentally challenged or otherwise vulnerable people who have been plagued by debt. David often provides pro bono representation in cases across the country, and is a proud National Association of Consumer Advocates (NACA) member and NCLC supporter.

Luke Wallace is an accomplished lawyer who enjoys teaching other lawyers in the areas of trial practice and consumer law. He has tried countless consumer protection jury trials with verdicts for consumer fraud, FDCPA, collection abuse, predatory lending, auto fraud, and identity theft, resulting in millions of dollars in recovery for his clients. He speaks regularly about his work on local, state, and national stages.

The partnership of Humphreys and Wallace has resulted in numerous honors and awards, including the National Association of Consumer Advocates’ Trial Advocates of the Year Award in 2002, and the Gerry Spence Trial Lawyers College Co-Warriors of the Year award for the 18-state South Central region of the country in 2004. Both have been named as an Oklahoma “Super Lawyer.”

Congratulations to both Mr. Wallace and Mr. Humphreys for their long track record of success for low-income and other consumers. NCLC is pleased to honor them with the 2017 Vern Countryman Consumer Law Award.




Beware Holiday Shoppers: Deferred Interest Promotions Promise 0% Now, but Can Cost Big Bucks Later

FOR IMMEDIATE RELEASE: November 13, 2017 || CONTACTS: Chi Chi Wu (cwu@nclc.org) or Jan Kruse (jkruse@nclc.org), (617) 542-8010

(BOSTON) As Black Friday approaches, the National Consumer Law Center warns holiday shoppers of a lurking danger in the local mall or big box store: deferred interest promotions on credit cards. These promotions entice consumers with promises such as “no interest for 12 months” or “0% interest until December 2018,” but there is a debt trap at the end.

Consumers who don’t pay off the entire balance before the promotional period ends will be hit with a huge lump sum interest charge going back to the date that they bought the item, even on amounts that have been paid off. For example, if a consumer buys a $2,500 diamond necklace on November 25, 2017 using a one-year 24% deferred interest plan, then pays off all but $100 by November 25, 2018, the lender will add to the next bill nearly $400 in interest on the entire $2,500 dating back one year. In December 2015, NCLC issued a report Deceptive Bargain: The Hidden Time Bomb of Deferred Interest Credit Cards, which details the risks and abuses of these promotions.

Deferred interest promotions are offered at many stores, including Amazon, Apple, Sears, J.C. Penney, Macy’s, Home Depot, and Best Buy, where they are used to sell big-ticket items, such as electronics or appliances. The biggest credit card issuers offering deferred interest are Synchrony Bank (formerly known as G.E. Capital), Comenity Capital Bank, and Citibank. While there are a number of well-known retailers that offered deferred interest, one prominent retailer has dropped the product: Walmart, which instead offers true 0% interest promotions.

“Deferred interest promotions are one of the biggest credit card traps on the market today,” stated National Consumer Law Center staff attorney Chi Chi Wu, who authored the report. “Avoid them at all costs. No interest sounds tempting now, but you could end up in the trap of huge interest payments later.”

Wu also encouraged retailers to follow Walmart’s lead, stating “If the world’s largest retailer can eliminate deferred interest, so can other companies, some of whom have much higher margins on their goods.” In addition to Walmart, at least one credit card issuer has taken significant steps to stay out of the deferred interest business– Capital One sold off the Best Buy card portfolio that it acquired from HSBC and does not offer deferred interest cards.

Wu noted that the Federal Reserve Board found that the plans were so deceptive that the Board banned them in 2009, but then reversed itself under pressure from retailers. The CFPB has also called the plans “the most glaring exception to the general post-CARD Act trend towards upfront credit card pricing.”

Pitfalls of deferred interest plans include:

  • Confusion and deception. It’s hard to understand the complicated and confusing nature of these promotions.
  • Minimum payments don’t pay off the balance. If you make only the minimum payment, you’ll inevitably be hit with retroactively assessed interest.
  • “Life Happens.” One of the biggest risks with deferred interest is when something unexpected happens, like a job loss or serious medical condition, and you can’t pay off the purchase by the end of the promotional period. You’ll be socked with a huge lump sum of retroactive interest at the worst possible time, when you can least afford it.
  • High Annual Percentage Rates (APR)s. Deferred interest credit cards typically carry very high interest rates, with an average of 24% and as high as 29.99%, compared to a typical APR of 14% for mainstream credit cards.
  • Difficulty avoiding retroactive interest if you make other purchases. A particularly thorny problem happens when you make another purchase using the same credit card that does not have a deferred interest promotion. Most of your payments above the minimum will be applied to the other purchase, making it nearly impossible to pay off the deferred interest balance, unless you make special arrangements with your credit card company.

Wu urged that deferred promotion plans be abolished, stating “Eight years after the passage of the Credit CARD Act, it is well past-time to get rid of one of the last tricks and traps for credit cards.”

 



Consumer Advocates Press Congress on Access to Justice

FOR IMMEDIATE RELEASE: NOVEMBER 9, 2017 || CONTACTS: National Consumer Law Center: Jan Kruse (jkruse@nclc.org, (617) 542-8010; or Stephen Rouzer (srouzer@nclc.org, (202) 595-7847); National Association of Consumer Advocates: Christine Hines (christine@consumeradvocates.org)

Washington, D.C. – Nearly 125 consumer advocates from around the country will meet with their members of Congress on Wednesday, November 15, 2017 as part of Consumer Justice Lobby Day, sponsored by the National Consumer Law Center and the National Association of Consumer Advocates.

Among other issues, advocates will focus on:

Forced arbitration: Last month, Congress blocked the Consumer Financial Protection Bureau’s rule that would have stopped financial giants like Wells Fargo and Equifax from preventing people who were cheated from joining together to have their day in court. The fight over the rule and the outrage over Congress’s action have galvanized people to push for reform.

“Congress should pass the Arbitration Fairness Act that would bar big business from using fine-print contracts to strip consumers, workers and small businesses of their day in court, said Ira Rheingold, executive director of the National Association of Consumer Advocates. “The public court system should be available to all, including consumers cheated by big banks and payday lenders, employees sexually harassed at work, students defrauded by for-profit schools, older Americans mistreated at nursing homes, or small businesses undermined by unfair competition tactics.”

Legal services funding: President Trump has proposed to eliminate all funding for the Legal Services Corporation (LSC). LSC funds civil legal aid programs in all 50 states, in rural and urban areas, and for military personnel and veterans. The U.S. House of Representatives has passed an appropriation bill that cuts funding and would deny access to justice to 400,000 Americans, but the Senate package would protect LSC.

“Civil legal aid ensures that all in America have access to the justice system no matter how much money a person has,” said Rich Dubois, executive director of the National Consumer Law Center. “Access to justice is a bedrock principle of our nation with strong bipartisan support. Civil legal-aid services supports that basic tenet for all in America.”

Consumer protection: Advocates will also push for strong consumer protection, including reforms in the area of credit reporting and abusive debt collection as well as a strong and independent Consumer Financial Protection Bureau.

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The National Association of Consumer Advocates (NACA) is a nonprofit association of private and public sector attorneys, legal services attorneys, law professors, and law students whose primary focus is the protection and representation of consumers. NACA is actively engaged in promoting a fair and open marketplace that forcefully protects the rights of consumers, particularly those of modest means.

Since 1969, the nonprofit National Consumer Law Center® (NCLC®) has worked for consumer justice and economic security for low-income and other disadvantaged people, including older adults, in the U.S. through its expertise in policy analysis and advocacy, publications, litigation, expert witness services, and training. www.nclc.org




Consumer Groups Oppose Credit Unions’ Attempts to Robocall, Text Message Customers Without Their Consent

FOR IMMEDIATE RELEASE: November 7, 2017 || CONTACTS: Margot Saunders, (msaunders@nclc.org) or Jan Kruse (jkruse@nclc.org); (617) 542-8010

The Credit Union National Association Has Petitioned the FCC for an Exemption from the Telephone Consumer Protection Act (TCPA)

WASHINGTON, D.C. – Today, the National Consumer Law Center filed comments with the Federal Communications Commission (FCC) opposing the Credit Union National Association’s (CUNA) request for exemptions from the TCPA’s prior-express-consent requirements for robocalls and text messages made by or on behalf of credit unions to their members’ wireless phone numbers.

“Credit unions pride themselves on their ability to forge lasting relationships with their members,” said Margot Saunders, senior counsel at the National Consumer Law Center. “If the information to be imparted by credit unions is so important and valuable to their members, the members will consent to receive it—eliminating any necessity for an exemption. Almost 60 million robocalls are now made monthly by financial institutions just to collect consumer debt; allowing credit unions to make calls without consent would add significantly to this number.”

NCLC was joined in opposition to CUNA’s petition by 19 other national and state public interest and legal services programs: Americans for Financial Reform, Consumer Action, Consumer Federation of America, Consumers Union, National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Advocates, Public Citizen, U.S. PIRG, Public Law Center, California, Connecticut Legal Services, Jacksonville Legal Aid, Florida, CARPLS Legal Aid, Illinois, Public Justice Center, Maryland, Public Utility Law Project of New York (PULP), Charlotte Center for Legal Advocacy, North Carolina, Financial Protection Law Center, North Carolina, Legal Aid Society of Southwest Ohio, South Carolina Appleseed Legal Justice Center, Northwest Consumer Law Center, Washington, and West Virginia Center for Budget and Policy.

CUNA’s request that the FCC use its rulemaking authority to establish an exemption based on an established business relationship between credit unions and their members would be illegal under the TCPA, as there is absolutely no authority for the FCC to establish such an exception. CUNA’s request sidesteps the primary goal of the TCPA’s requirements for consent for calls to cell phones which is to protect the privacy of the called parties.

Allowing this exemption would gut those privacy protections and permit credit unions to make robocalls to their members and others, without redress. This would remove any incentives for credit unions to ensure that they are calling only members who have consented to receive robocalls and would likely open the floodgates for other industries seeking similar exemptions.

“The TCPA prohibitions against unwanted calls need to be strengthened, not reduced,” said Saunders. During the first nine months of 2017, there were 22.5 billion robocalls made across the nation. And, in 2016, there were over five million complaints about unwanted calls filed with the Federal Trade Commission, increasing from over three and one half million in 2015. These unwanted and invasive calls can lead to telemarketers perpetuating financial scams on unsuspecting consumers, especially older Americans.

“Callers such as CUNA’s member credit unions would like to bombard our cell phones with robocalls and text messages that we do not want and have not consented to receive,” said Saunders. “The FCC must reject CUNA’s request to dispense with the consent requirement—the key protection that keeps unwanted robocalls and text messages from skyrocketing.”

Consumers who wish to tell the Federal Communications Commission their views on CUNA’s petition or robocalls in general, can file comments directly with the FCC. Commenters should note that they are filing in proceeding # 02-278.

Related Links




Disaster Relief

Policy Analysis

Reports

  • Obtaining Mortgage Relief for Survivors of Disasters: A Practice Guide for Advocates by Alys Cohen, Margot Saunders, Emily Green Caplan and Odette Williamson, February 2020 [Note: To print, please select “Fit to Page” under Scale; for best online viewing, please open in Internet Explorer or Firefox]
    • Appendix A: Flow Chart: Homeowner Post-Disaster Road to Recovery [Note: To print, please select “Fit to Page” under Scale.]
    • Appendix B: Short Summaries of Loss Mitigation Rules for Government-Backed Loans
    • Appendix C: Long Summaries of Loss Mitigation Rules for Government-Backed Loans

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Hurricanes, wildfires and other natural disasters devastate communities and threaten the financial well-being of residents. The National Consumer Law Center (NCLC) works at the national and state levels to develop innovative policy solutions, train and support local advocates, and educate consumers about their financial options. After the 2017 hurricanes and wildfires that tore apart communities in Puerto Rico, the Virgin Islands, Texas, Florida, California and elsewhere, NCLC launched its Disaster Relief and Consumer Protection project. NCLC’s leadership is helping communities deal with the financial devastation of natural disasters while building a network of advocates in affected areas who can share information and learn from one another.

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