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U.S. PIRG Consumer Blog

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March 01, 2009

Durbin proposes to reinstate usury laws

Economic historians have documented that usury laws -- or caps on allowable interest rates -- have existed since pre-biblical times. Unfortunately, over the last 30 years or so, federal, and most state, usury ceilings had been eliminated through a series of wrong-headed court and Congressional actions. In 2006, we were successful in passing a law, the Military Lending Act, reinstating usury ceilings at 36% APR for loans to military personnel. Last week, Senator Dick Durbin (D-IL) introduced legislation, S. 500, to extend that protection to loans to all Americans. Here's the important part-- we're not just talking about predatory payday lenders, rent to own stores and their ilk. The limit would apply to credit cards and shameful bounce-overdraft protection loans made by banks. While 36% APR may sound higher than most credit card rates, the bill limits would apply to their punitive fees as well, which have the effect of triple-digit interest.

Here is a copy of the support letter from 100 organizations, including U.S. PIRG. Also, Rep. Jackie Speier (D-CA) is expected to file a companion bill this week.

The military lending law was passed because soldiers, sailors and airmen with bad credit records caused by the tricks and traps of credit cards and payday loans fail security clearances and are therefore ineligible for deployment overseas: predatory lending hurts our military preparedness, said the Pentagon.

Here is a copy of Senator Durbin's opening statement. I am having a little trouble manipulating Thomas.loc.gov (go there and type in "s. 500," select "bill number" and search) and the online Congressional Record today, but you can read Senator Durbin's statement in the actual Record if you go here and search that page for Senator Durbin's name and page S2571 (click on S2571) near the bottom. Then, you can move forward to other pages at the bottom right of that page.

Posted by Ed Mierzwinski at March 1, 2009 03:27 PM


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