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U.S. PIRG Consumer Blog
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November 09, 2008
New payment methods need better consumer protection
Update: Gift card holders may be out of luck in retail bankruptcies in the LA Times explains that when companies file bankruptcy consumers lose the value of unused prepaid gift cards.
Original post: Over the last several years plastic payments, especially debit, have eclipsed cash and check transactions. Also, the Internet has provided a new portal for shopping and bill payments and has stimulated development of still more payment systems (Paypal, cell-phone payments, etc.). But the laws have not kept pace. So, the only way I will pay on the Internet is with a credit card. It's the safest way. You risk all the money in your bank account and more when you use check transfers or debit cards.
In addition, as banks added and increased fees without mercy or regulatory oversight, more and more consumers found themselves un-banked. Others found themselves on debt and fee treadmills. Meanwhile, check-cashers, payday lenders, rent-to-own stores and other high-cost lenders boomed as they were able to march through state legislatures enacting safe harbor laws that exempted their products from usury (interest rate ceilings) and other protections. Federal regulators and Congress ignored or even encouraged the trend.
The laws have not kept pace. The New York Times has some stories today on payment systems. First, the brief Social Currency by Rob Walker discusses prepaid debit cards. These cards (marketed by hip-hop stars and others) have fees, but do not always link to bank accounts. Debit cards in general are not as well protected as credit cards; debit cards not associated with bank accounts are less well-protected than bank account debit cards, and of course, do not come with the possible savings benefits of bank accounts (if you can afford the fees, you can save). Along with the Consumers Union, the Consumer Federation of America, the Center for Responsible Lending and others, we have long called for comprehensive reform of the payments system. It should be high on the agenda of the new Congress. Here are some resources.
Consumers Union attorney Gail Hillebrand has a law review article detailing the issues: Before the Grand Rethinking: Five Things to Do Today with Payments Law and Ten Principles to Guide New Payments Products and New Payments Law More resources from CU. Blog on prepaid gift cards and their problems. Center for Responsible Lending resources on overdraft "protection" fees, which have became the fastest growing bank fee profit center, especially as banks allow debit transactions at point-of-sale even when consumers don't have enough money in their accounts. Think of it as the $39 latte-- $4 for the coffee; $35 for the bank. Recent consumer group letter to FDIC urging broader FDIC insurance protections for prepaid cards. Blog explaining some of the reasons credit cards under the strong Truth In Lending Act have more consumer protections than debit cards under the weak Electronic Fund Transfer Act.Blog on ludicrous OCC (federal bank regulator) brochure explaining that depending on how your check is cleared makes a difference to the dispute rights you have. It's out of your control. Blog on Rep. Carolyn Maloney's long bottled-up legislation that would improve overdraft fee rights. Blog linking to analysis in Credit Slips blog by Professor Adam Levitin of a Social Security proposal to use debit cards.
That ought to be enough to get Congressional oversight committees off to a start on reform.
The NYT Magazine also has a much longer feature Check Cashers, Redeemed by Douglas McGray of the New America Foundation that points out some of the problems with the unregulated new businesses but also points out that the banks are partly to blame: “If they’re properly regulated and scrutinized, there’s nothing wrong with check cashing as a concept and there’s nothing wrong with payday loans as a concept,” Robert L. Gnaizda, general counsel for the Greenlining Institute, a California nonprofit focused on financial services and civil rights, told me. “And there’s nothing automatically good about free checking accounts if you have multiple fees whenever you make the most minor mistake.” We agree, and we'll have more in coming weeks on better regulation of the entire financial system, from hedge funds to payday lenders.
Posted by Ed Mierzwinski at November 9, 2008 07:48 AM
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