Consumer Finance

The Brown M&M Theory of Telltale Minor Regulatory Violations or What's Wrong with "Earn a savings rate 5X the national average"?

05/21/20

A CapitalOne savings account ad has got me thinking about whether Van Halen has anything to teach regulators. Van Halen is famous for its use of a contract that requires provision of M&Ms for the band, but expressly prohibits provision of any brown M&Ms.

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PSLF update

04/20/20

The success rate for Public Service Loan Forgiveness applicants has doubled. From 1% to 2%.

Thinking they have completed their 10 years of payments, 140,000 student loan borrowers had applied for cancellation through February 29, and about 3,000 had received a discharge, including 1,300 under the “temporary expanded” PSLF who were put in the wrong repayment plan by their servicers.

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Coronavirus Will Hasten the Shift To App-Based Banking and Lending. How Will That Affect People's Pocketbooks?

04/14/20

Over at the Machine Lawyering blog -- organized and edited by the Chinese University of Hong Kong's Law Faculty’s Centre for Financial Regulation and Economic Development -- Slipster Nathalie Martin and I just posted some commentary about our new article,

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Treasury Must Act Now To Protect Relief Payments From Debt Collectors

04/08/20

The CARES Act provides for direct "rebate" payments to American households. Treasury is gearing up to send some of those payments out soon. But Congress forgot to protect the payments from garnishment.

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CARES Act mortgage foreclosure and tenant eviction relief

04/01/20

The final text of the act is now available here. The foreclosure relief is in Section 4022 and the eviction moratorium is in Section 4024. Mortgage borrowers with federally related loans (FHA, VA, Farmer's Home, Fannie or Freddie) may request 6 months of forbearance, i.e.

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CARES ACT student loan relief

03/31/20

The CARES Act signed into law last week suspends payments and eliminates interest accrual for all federally-held student loans for six months, through September 30. These measures exclude private loans, privately-held FFEL loans and Perkins loans. The other five subsections of section 3513 mandate important additional relief. Under subsection (c) the six suspended payments (April to September) are treated as paid for purposes of “any loan forgiveness program or loan rehabilitation program” under HEA title IV.

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Hope for helping the prospective payday loan customer

12/17/19
Short term (payday) loans and high interest consumer installment loans
continue to deplete low income households of micro dollars and their
communities of macro dollars. Although the CFPB seems intent on supporting
the depletions, a good number of states have provided some relief. 
Even in states without interest rate limitations
there are a couple of ideas that can help.

Chris Peterson and Nathalie Martin have provided legal support

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Trump Administration Declares Open Season on Consumers for Subprime Lenders

11/18/19
The Trump administration has just proposed a rule that declares open season on consumers for subprime lenders.
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What a Local Traffic Snafu Teaches About Artificial Intelligence in Underwriting

11/13/19

The DC suburbs are a case study in NIMBYism. Lots of communities try to limit through-traffic via all sorts of means:  speed bumps, one-way streets, speed cameras, red-light cameras, etc.  The interaction of one of these NIMBYist devices with GPS systems is a great lesson about the perils of artificial intelligence and machine learning in all sorts of contexts.  Bear with the local details because I think there's a really valuable lesson here.

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Coercive "Consent" to Paperless Statements

11/12/19

If you've logged on to any sort of on-line financial account in the past few years, there's a very good chance that you've been asked to consent to receive your periodic statements electronically, rather than on paper. Financial institutions often pitch this to consumers as a matter of being eco-friendly (less paper, less transportation) or of convenience (for what Millennial wants to deal with paper other than hipsters with their Moleskines).

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