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Barack Obama wants crackdown on predatory lending

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Documentaries like Maxed Out and In Debt We Trust have looked the problem of ever-growing consumer debt, and the role that government has played in its expansion.

Now , Senator and Democratic presidential candidate Barack Obama wants Washington to play a role in the solution too. Here are some clips from a statement Obama issued, as well as a discussion he had with debt counselors and consumers burdened with heavy debt. Courtesy of The Associated Press:

"The truth is, our middle-class families are not going to be secure so long as they can't get out of debt. If we're serious about stopping Americans from falling deeper in debt, we've got to crack down on predatory credit card companies that are pushing them over the edge....

"Many credit card companies are tricking Americans into agreements they can't afford because that's how they make big profits. Well, no company's bottom line should come before what's right for the American people."

Obama proposes a credit card bill of rights. From the Senator's website:

  • Ban Unilateral Changes: Currently, credit card companies can unilaterally change the terms of a credit card agreement at any time for any reason with only a 15-day notice to the consumer. He would ban these unilateral changes in credit card agreements unless companies have obtained written consent from consumers and have followed the rules and terms of the agreement.
  • Apply Interest Rate Increases Only to Future Debt: Credit card companies often apply increased interest rates to both new debt incurred by the cardholder, as well as previously incurred debt. He would require increased interest rates to apply only to future credit card debt, and not to debt incurred prior to the increase.
  • Prohibit Interest on Fees: Credit card companies often charge interest on transaction fees, such as late fees or paying a bill by telephone.
  • Prohibit "Universal Defaults": "Universal defaults" are a practice in which a credit card company raises an individual's interest rate based on failure to pay a different creditor on time.
  • Require Prompt and Fair Crediting of Cardholder Payments: He would require credit card issuers to apply payments first to the credit card balance with the highest rate of interest and to minimize finance charges.

These are pretty ambitious ideas -- It could certainly be argued that these kind of reforms (which would never get through Congress, by the way) overstep the role of government, and are anti-free market.

I would like to see credit card industry reforms focus more on disclosure, at least for starters. Credit card contracts are opaque and even well-educated people don't understand them. It's far more complicated than it needs to be, and it's nothing but obfuscatory: They're confusing so that people can't understand and make an informed decision.

Interestingly, there is nothing in this bill of rights about disclosure, which is the probably the one thing that both parties could get by their corporate masters. But when you're on the campaign trail, ambition trumps practicality.

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Last updated: November 08, 2009: 06:52 PM

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