Category Archives: Other Lending, Debt, and Credit Issues

Wilson on Prepaid Cards

Catherine Lee Wilson of Nebraska has written Making Prepaid Safe for Consumers:  A Framework for Providing Deposit Insurance and Regulation E Protections, Forthcoming in the University of Pennsylvania Journal of Business Law.  Here's the abstract: General purpose reloadable prepaid cards are part of a larger trend toward a cashless society.  This market offers significant benefits […]

Writings on the Postal Service Offering Banking Services

by Jeff Sovern There's been a lot of discussion recently about whether the Post Office should offer banking services.  The idea is that it could serve the unbanked, and that its many existing branches would cover the entire country (Disclosure: one of my brothers works for the Postal Service, though we haven't discussed this idea).  For […]

Fed Staff Article on Payment Fraud Liability

Sandeep Dhameja, Katy R. Jacob and Richard D. Porter, all of the Federal Reserve Bank of Chicago, have written Clarifying Liability for Twenty-First-Century Payment Fraud, 37 Economic Perspectives (2013).  Here's the abstract: This article examines the governance structure of retail payments in the United States, provides an overview of payment fraud, and discusses in depth […]

Report: Solutions to Help Consumers’ Credit Histories Harmed by the Foreclosure Crisis and the Great Recession

Policy solutions to help consumers whose credit histories were negatively effected by the Great Recession and the foreclosure crisis.

Jennifer Martin Paper on Self-Help Repossession

Jennifer S. Martin of St. Thomas has written The Repo Man Did What? A Secured Creditor's Article 9 Right to Repossess Collateral and When Lenders Have Liability for Repossessions Gone Awry, 28-5 Commercial Damages Reporter 1 (2013). Here's the abstract:   This Article observes that there is not a clear consensus among courts in how […]

American Banker: Truth in Lending Litigation Slows But Bankers Remain Wary

by Jeff Sovern Here (behind paywall).  Excerpt:   Court decisions tied to the 1968 law fell 18% year over year during a12-month period that ended May 31, to 1,037, data from the National ConsumerLaw Center shows. That number is down 38% from the peak two years earlier. The pace of new litigation is also slowing. […]

Why a Longstanding Legal Doctrine Supports Limiting Bank Overdraft Fees

Overdraft fees and abuses have spiraled out of control, snaring millions of consumers while generating billions in profits for banks. A new white paper by the National Consumer Law Center explains the legal avenues the Consumer Financial Protection Bureau (CFPB) can use to restore the standard of “reasonableness” to overdraft fees.

More Evidence that Consumers Don’t Use TILA Forms to Comparison Shop for Mortgages

by Jeff Sovern A new Fannie Mae survey reports that nearly half of lower-income respondents and more than a third of higher-income respondents obtain quotes from only one mortgage lender.  The survey also confirms findings in other reports that "a substantial portion of all consumers do not understand key mortgage elements." In particular, 41% of borrowers were […]