Wednesday, November 19, 2014

Go ahead and complain about payday lenders


But because of the breadth and depth of the problem, don't expect much relief because of it. The Consumer Financial Protection Board has become the best remedy you can find but it is also severely constrained in what it achieves.
Barely 1 in 10 customers who have complained about being ripped off or badly treated by a payday lender has seen any form of relief, according to an analysis by Al Jazeera of data kept by the regulatory authority tasked with protecting against loan sharks.

Figures from the Consumer Financial Protection Board’s (CFPB) database show that the regulator followed up on 1,579 complaints since payday loan customers were first allowed to file grievances with the board last November.

Of the 1,490 complaints that have been successfully closed, just 11 percent resulted in relief for the complainant. About 5 percent resulted in financial recompense, and 6 percent concluded with the consumer receiving some kind of nonmonetary relief, such as changes to the person’s credit report.

Consumer action groups praised the CFPB for finally providing a portal to lodge complaints about predatory tactics by payday lenders but said that the number of victims being handed back cash was “too small.”

The vast majority of complaints to the CFPB — about 86 percent — were “closed with explanation,” meaning the lender offered a response tailored to the individual complaint but provided no substantive relief. A small number of complaints were closed without any explanation or relief from the lender...

“The CFPB, as far as I can tell, has set up by far the best complaint process of any federal government agency,” she said. “However, there’s still work to be done in the complaint resolution area, and while they certainly cannot help resolve every complaint that comes across their desk, we would like to see more attention to resolution. Their numbers are too small, and it would be too easy to assume that if a complaint is closed, it is resolved or in some way settled.”

The CFPB looks for patterns in consumer complaints, so if a particular lender or company receives an unusual volume of complaints or fails to resolve them satisfactorily, the agency may take further action. The CFPB has been known to sue companies believed to be engaging in predatory practices. In September the agency filed suit against the Hydra Group, an online payday lender accused of illegally depositing loans in and withdrawing fees from the bank accounts of unsuspecting consumers. But constraints on the agency’s resources means that it needs to choose targets selectively, as Cordray has acknowledged.

“Complaints are not only opportunities for us to help specific people. They also make a difference by informing our work and helping us identify and prioritize problems,” he said in a speech earlier this month. “We know that if we hear about a particular problem from 50 consumers, it likely looms larger than if we hear about it from two. We know that if we begin to see a disturbing trend, we should consider allocating some of our limited resources to combat that particular problem.”
And if Elizabeth Warren had not worked so diligently to shield the funding for CFPB from politics, they would not even have what they do now. And though they may try to keep a low profile, we can expect any number of Republican/Teabaggers attacks to prevent the CFPB from doing even this minimum of relief. Their good friends in the payday lending business expect nothing less.

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