Credit Cards

The virtual moneylender

A new Web site allows you to borrow money from strangers in cyberspace. It may even free you from credit card debt and the usurers at the local payday loan center.

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The virtual moneylender

The middle-aged woman in Janesville, Wis., who recently posted a request for $5,000 on Prosper.com, an online marketplace for personal loans, chose a screen name that elegantly distills her station in life. BusyLady52 is indeed a busy lady. By day, she works for the county in an office job; at night, she’s a dispatcher for the city bus line. In addition, she cares for her aging and ailing parents and a younger sister who suffered a debilitating brain injury in 1987. Yet all this work has brought neither security nor much satisfaction, and BusyLady52 now strives to crawl out from under a lifetime of debt.

In a photograph that BusyLady52 posted alongside her request, she looks positively regal, with a fur-trimmed V-neck shawl, a pretty necklace and a bright smile. The effect is endearing, and the picture, together with a short note explaining her situation, signals authentic desperation. Like many of the listings on Prosper, this one seems to whisper, Will you take a chance on me?

Prosper is a marketplace brimming with woe. In this respect it is not so different from a dating site, except that on Prosper people are looking for money, which is immeasurably more useful, and often harder to come by, than love. Love will sometimes find you in the dark when you least expect it, and change your life. This almost never happens with money. If you aren’t born with it, there are really only two legitimate ways to get it: You work for it, trading your time and effort, or you borrow it, putting on the line your reputation, assets and future income. For vast numbers of Americans today, the first option simply isn’t working out, and the second choice — borrowing — has become a way of life. The problem isn’t just record debt, but also the terms. Credit cards offer rates that are fluid and unpredictable, with high fees and little sympathy for hardship. Worse still are payday loan centers, which lend out money at obscene rates — 400 percent or more on an annual basis — yet have become a necessary crutch for many.

Prosper bills itself as an Internet-age alternative to such creditors. The system, which has been in operation since February, is at once ingenious and faintly surreal; its premise is that strangers — lenders and borrowers — will come together to execute meaningful, serious and risky transactions in a self-consciously anonymous environment, not unlike the way buyers and sellers do business with each other on eBay. If they succeed, “person-to-person” lending sites like Prosper — competitors are coming online soon — could upend the credit industry, bringing transparency and fairness to a market not known for either. Borrowers who’ve been shut out of the loan market find money at reasonable interest rates, and people with money to lend get a return that can surpass that of other investments. Prosper, which manages the loan, takes a small cut of the deal. (Borrowers pay 1 percent of each loan and lenders pay .5 percent on the money owed to them.)

There is much to question about this setup. Critics and skeptics wonder about the risks involved for both borrowers and lenders, the site’s adherence to equal-opportunity regulations, and, most important, the very logic behind its operations, the idea that people with money will actually lend to people in need, especially to borrowers who have poor financial records. Yet the idea sounds intuitively attractive to many who follow the credit industry and are familiar with its pitfalls. “Looking at it from 10,000 feet, this is a great idea,” says Elizabeth Warren, a professor at Harvard Law School who’s an expert on bankruptcy law. “It could have the wonderful effect of making markets work the way they should, driving down the amounts charged for loans to the true marginal cost.”

Warren suggests that Prosper is much more than a novel Web site — it’s an example, she says, of one of the ways the Internet might transform the credit industry into a fairer, more equitable business. “There are things going on in the lending industry that if it were transparent would never occur,” she says. At least in theory, sites like Prosper hold the potential to free many in the middle class from the stranglehold of credit card debt and to give low-income Americans a way out of the debt traps laid by unseemly payday loan centers.

Another intriguing possibility is that Prosper can help instill financial discipline in people who’ve had trouble with money all their lives. Warren points out that one of the questions that people who study debt and bankruptcy in America wrestle with is “whether anyone should be lending money to people who are already in financial trouble.” The answer would seem to depend on the borrower. For some people in debt, a little bit of money offered at a reasonable rate can set the world right again, while for others, as a wise man once said, mo’ money, mo’ problems. But determining which borrowers can be saved from those who are simply undisciplined is a labor-intensive task, and mainstream creditors — credit card firms and payday loan centers — hardly make the effort. They charge everyone a high rate with the expectation that some will default, and others will live forever in lucrative, revolving debt.

The virtual world of Prosper offers a far more personal experience. Trading money on the site is an intensely social activity, in which lenders sit in constant judgment of the most intimate aspects of borrowers’ lives, scrutinizing their financial histories and making public guesses about their responsibility. Successful borrowers, meanwhile, must convince lenders to part with their money, not only by disclosing their finances, but by pleading their cases directly, promising to work harder at managing their money.

And the process seems to be working. Many of the lenders on Prosper, for instance, know almost nothing about BusyLady52, not even her name (which she asked me not to publish). What they do know about her (a middling credit score, a couple of current delinquencies) is the sort of thing that would render her ineligible for a traditional loan. Yet lenders saw in her story some spark of genuine responsibility, a possibility that she’d do well if given a chance. More than 50 people got together to give her a total of $5,000 at a 16 percent rate. She now says she’s determined to set her money straight again, if only to prove herself to those who invested in her. “Grateful?” she says. “When I got up this morning and saw the money in my account — oh, you have no idea.”

Late in 2003, Richard Duvall, a technology entrepreneur in the U.K., left Egg, the world’s largest online bank, which he had founded in 1998. At the time, he says, he had more money in the bank than he’d ever had in his life. To the credit bureau, however, Duvall apparently looked like a risk. “Two days after I left Egg, I went into a cell shop, and after spending two hours choosing a phone, I went up to the counter and said, ‘I’d like this one,’” Duvall recalls. The sales clerk asked Duvall a series of questions to assess his credit-worthiness: Was he employed? How long had he lived in his home? (As it happened, he’d recently moved.) The answers were not satisfactory. “They said, ‘We can’t give you that phone. You don’t meet our requirements for a loan.’”

Duvall’s story expresses the idea that animates person-to-person lending: Good people are being overlooked. Traditional creditors use a trove of data to assess us all, thoroughly scrutinizing our financial records and giving each of us a score. But because these scores are determined by algorithm rather than human beings, they invariably miss important aspects of our financial lives. In Duvall’s case, the mobile phone shop’s credit program overlooked the money he had in the bank.

For Duvall, the cellphone incident was a spark of inspiration, one of the reasons he hit upon the idea for Zopa, a person-to-person lending site that opened in the U.K. in March 2005. Duvall, who’s now the CEO of Zopa, says the firm now has 70,000 members, and has made millions of dollars in loans. A U.S. version of the site will open this summer, serving, at first, only California.

On Prosper, it’s common to find borrowers who claim that traditional credit agencies have overlooked some meaningful measure of their finances. To put up a loan listing on the site, borrowers determine the amount they’re looking for and the maximum interest rate they’re willing to pay. (You can borrow up to $25,000 on Prosper; depending on what state you live in, you might face a minimum loan amount as well.) Borrowers give Prosper a few bits of personal information — annual income, bank account number and Social Security number — and authorize the site to collect financial data from credit agencies. Prosper shows potential lenders the data it collects, including a credit grade, the number of credit lines the borrower has opened in the last decade, the number of delinquencies he’s had, and his ratio of debt to income.

Often, though, borrowers will argue that these numbers don’t tell the whole story. Sometimes, they have a point. If I told you about Person X, who had a credit rating of H.R. — “high risk,” the lowest rating — a string of recent delinquencies, and a 20 percent debt-to-income ratio, you’d probably conclude that she was heading straight to bankruptcy. Lending this person money would be about as profitable as throwing it into a fountain and waiting for your wish to come true. But what if I also told you that this person, Suzy, had accumulated her debt while she was studying at Harvard Law School? And what if I mentioned that she had just graduated with honors, and had accepted a job at a Manhattan firm with a starting salary of $140,000 a year? She only needs a loan to tide her over until she starts work. Now I tell you that she’s willing to pay a 20 percent interest rate on your money. Would you take a risk on her now?

To be sure, things on Prosper, as in real life, are not always so clear-cut. You won’t usually find the Harvard Law student with a guaranteed future salary looking to pay a high rate for a loan. But there are many whose future incomes look assured, and who appear to be much better credit risks than the numbers would suggest. William Bulck is a 26-year-old student in Milwaukee, Wis. Prosper gives Bulck a credit grade of C, which is about average; according to Experian, a credit reporting agency, there is a small but not insignificant chance that someone with this credit score will default on a loan. Bulck has a debt-to-income ratio of 10 percent, which is not terrible, but not great either. When Bulck went in search of a traditional bank loan to help him pay his way through school, he met with one rejection after another. “I have a friend who is a bank manager, and when I talked to him, the first place he said to try was Prosper.”

Early in May, Bulck put up a request for a loan of $2,800, offering an interest rate to lenders of 13.9 percent. “This loan is probably the hardest thing I have had to ask for in a very long time, and I appreciate your help,” his listing began. Bulck went on to describe his situation. He receives financial aid, he said, but his next disbursement doesn’t come until August, and he’d have a hard time until then. But he assured possible lenders that his future looked bright. He’s in his last year of school, and he expects to find a job soon. “I don’t anticipate any problems paying this loan back,” he wrote.

Despite his assurances, a risk-averse investor would have found much to be wary of in Bulck’s listing. His chosen field of study is creative writing, not a major known for the swiftness with which it places graduates in steady employment. There’s a more basic problem, which is whether you can trust him. Bulck posted a photograph — he’s seated at a desk, writing, a cat perched nearby — and though he looks decent enough, it would have been impossible for any lenders to know for sure that Bulck was really a student due to get a financial aid check in August, and was not, instead, just practicing his creative writing to get some quick cash.

As it happened, people believed Bulck’s story, and he got his loan. But that’s not the case with everyone. Lending money on Prosper is no different from lending money in real life — it’s possible, and some might say likely, that some people aren’t who they say they are, and that they won’t pay you back. Prosper is explicit with lenders about this risk, and it advises people to get around it by diversifying. If you have $5,000 to invest in Prosper, the site encourages you to spread your money among many people. Every loan on Prosper lasts for three years (borrowers face no penalty for paying the loan early). If you give $50 to 100 people who have a credit grade of C, chances are that over the course of three years, some people — about three, according to Experian — will default on their loans. But if you get a 14 percent return on your money from those who do pay you back, you’ll make more than $1,000 on your $5,000 investment, enough to cover your losses.

To understand why Prosper has the potential to become a blessed alternative for many borrowers, it helps to understand the enormous changes that have occurred in the American financial service industry during the past three decades. The story begins in 1978, when the Supreme Court handed down a unanimous decision that revolutionized the credit industry, and consequently laid the foundation for the dismal state of American households’ finances. In Marquette National Bank v. First Omaha Service Corp., the court essentially invalidated state usury laws — the laws that set a legal limit on the interest rates banks could charge for credit. The court decision allowed companies like Citibank to provide Americans with credit cards at sky-high rates, a deal that proved attractive both to customers, who were willing to pay for what looked like easy money, and to the bank corporations, which cashed in on the appetite for credit. (The PBS program “Frontline” has put together an excellent history of the industry.)

Some economists argue that the surge in easy credit was good for the economy, as Americans began to spend at an increased pace. But the rise of credit cards also caused a consequent rise in credit debt. American consumer debt now totals more than $2.1 trillion, and it is growing rapidly. Moreover, says Michael Stegman, a management professor who directs the University of North Carolina’s Center for Community Capitalism, the credit card industry usurped the market for traditional, lower interest-rate bank loans. The unsecured loan business — that is, loans made to people who don’t put down an asset, such as a house, as collateral — dried up. “Today you can’t walk into a bank, even with good credit, and get an unsecured loan for, say, $15,000,” Stegman says. “And if you’ve got any kind of impaired credit, forget it.” Many people, that is, have no alternative but to borrow money using credit cards.

For Americans with the lowest incomes, another dangerous force emerged in the 1990s: the payday loan industry. These retail centers offer money at high cost on a short-term basis — they’ll give you cash on Tuesday in return for a promise of payback on Friday. As Jeanne Ann Fox, who studies the payday loan industry at the Consumer Federation of America, points out, loan centers don’t make the true costs of such loans clear to customers. A typical two-week loan will cost you in the neighborhood of $15 or $20 in interest per $100 in principal. For people who need money immediately — and studies show that many payday loan customers are using the cash for food and other necessities — such a fee might sound reasonable. What the loan centers don’t say is how much these loans work out to on a long-term basis. A $20 fee for a two-week, $100 loan represents an enormous annual interest rate — a 521 percent APR.

The long-term rate is important because studies show that people who take out short-term loans are often repeat customers, borrowing a steady flow of money from several payday centers over the course of a year. Twelve states currently have laws on the books that effectively ban payday loan centers; of the rest, the state that has kept the closest watch on the industry is Colorado. Last November, Paul Chessin, one of the state’s assistant attorneys general, published a comprehensive study of how payday loan centers operate in the state. Chessin found that the average payday loan customer in Colorado obtains about nine payday loans per year. In a given year, this average customer, Chessin wrote, “pays a total of $477.16 in finance charges and is indebted for a total period of just over five out of twelve months.”

People who study the payday loan industry have a name for the hole in which these repeat customers find themselves — the “payday loan trap,” or “debt treadmill,” which describes the cycle of taking on payday loans just to keep financing previous loans. Chessin found that repeat customers are quite lucrative to loan centers. In Colorado, people who borrow 12 or more times per year account for two-thirds of the payday loan business in the state. (You can read Chessin’s study in PDF format here.)

One curious feature of the payday loan business is its almost complete lack of price competition. The industry has seen explosive growth in recent years, with loan centers dotting urban and suburban storefronts across the land. In Colorado, there were fewer than 200 loan centers in 1997; by 2005, the number had grown to more than 600. Economists predict that intense competition leads to lower prices — in this case lower interest rates for loans. But Chessin found that the average APR on loans has remained virtually steady (at slightly under 400 percent). “We have not seen price competition in this industry,” says the Consumer Federation of America’s Jeanne Ann Fox. “Even when there’s a lender on every corner, you don’t find that.”

A representative for the Community Financial Services Association of America, the payday loan industry association, did not respond to my inquiries. The industry has maintained, however, that it needs to charge three-digit interest rates because it is offering extremely risky loans. This would seem to make intuitive sense — after all, these companies are lending money to people who have low incomes, and they do not take any collateral in return for the money. If a substantial number of their customers are likely to default, you’d expect payday loan firms to charge rates high enough to keep their business profitable.

But Chessin’s study undercuts that argument. He points out that between 1996 and 2004, payday lenders in Colorado reported an average “charge-off rate” — the rate of loans that weren’t paid back — of 3.34 percent. Chessin notes that this is comparable to the loss rate for most bank loans. “For the same period, the charge-off rate for all consumer loans made at commercial banks was 2.69 percent; for credit cards, it was 5.15 percent,” Chessin writes. What this means is simple: Payday loan customers aren’t deadbeats — indeed, they may be good credit risks.

All this data builds to a compelling conclusion about the credit industry today. Financial institutions appear to be making exorbitant profits from loan products — payday loans and credit cards — that are by all measures overpriced. The high interest rates are tenable only through a lack of transparency. Customers don’t really know the true price they’re paying, and don’t have any real alternative to these products. Such a market, though tremendously profitable, is ironically also vulnerable to competition from a more nimble, inventive upstart. That is exactly the role that sites like Prosper aim to play.

I met Chris Larsen, Prosper’s co-founder and CEO, at the company’s austere headquarters in a small office space on the first floor of an old building in San Francisco’s financial district. Larsen, who in 1996 co-founded E-Loan, one of the first Internet loan brokers, is an understated fellow, and when he talks about the credit industry, he doesn’t sound especially impassioned about the possibility that his company might transform it. Still, there’s no mistaking that Larsen, who has long been feted for his consumer-rights advocacy — in 2003, he spent $1 million of his own money to push California to adopt a tough financial privacy bill — is on a mission.

“My opinion of the consumer credit industry is that it works well in the formation of credit, but it’s really a problem by the time it gets to the consumer,” he says. “You have consumers being misled, it’s too expensive, not very transparent, and not very open.” He adds, “Access to credit is right up there with healthcare and education in terms of being fundamental to a society. You have so many bad things going on in the current system, so many bad things.”

Shane Garza, a 29-year-old information technology manager in Grand Rapids, Mich., might be the sort of customer that Larsen has in mind when he describes the difficulties some Americans have with credit and debt. At the same time, Garza, a serial borrower, illustrates how Prosper may not work for everyone, and how tough it can be to determine whether someone who’s made bad decisions with money deserves any more.

“My problems started with these payday loans while trying to get caught up on my rent,” Garza wrote on a Prosper loan request he posted in mid-April. Garza has an extremely poor financial record. According to the credit information on Prosper, his credit grade is H.R., he has a debt-to-income ratio of 8 percent, and he has opened 29 credit lines in the last seven years, with two current delinquencies. He posted a list of the various sums he owed to payday loan firms: Magnum Cash Advance, $700. Sonic Cash, $400. Payday 2day, $400. Mr. Cash, $300. NE Cash, $200. 10 Dollar Payday, $300. My Cash Now, $400. CPD, $300. Cash Advance Net, $500. “I have been paying the minimum amount for over 4 months and I can not take it any longer,” he wrote on Prosper. “I get paid biweekly and they take over 500 each pay period. If I can just get these consolidated, I will be in the clear.”

But this loan was not the only request that Garza had posted. From the middle of March to early May, he put up about a dozen requests, withdrawing many of them within a couple days. His story was not exactly consistent in each of these postings — he varied the amount he was requesting, varied his tone (sometimes he was terse, sometimes verbose, sometimes he was solicitous), and even changed the photos he used. In some listings he included a photograph of himself, while in others he put up a picture of a woman dressed in a tight shirt, and in one he used an image of a cute puppy. On the Prosper message boards, one user asked, “What is up with the different pictures? Some are a guy and some are a girl … what is up with that? Are you trying to go for sex appeal or something?”

For lenders, deciding whether to give money to people with bad credit isn’t easy; a poor financial record arouses all kinds of suspicions — Is this person lazy or just unlucky? — and the suspicions are hard to overcome. In many respects, Garza looks like someone who needs to be saved. Were you a lender with a deep sense of social mission, you might give him money just out of charity. But he also looks like someone who needs some serious financial discipline. Giving him more money might only make his situation worse.

“The truth is I am addicted to debt, and I don’t know why,” Garza tells me on the phone. He says he learned this fact about himself on Prosper, as a consequence of his loan requests. Each time he posted a listing, people would ask him some very basic questions about his financial life — “If you’re in debt, why do you want to borrow more money?” — that he says awakened him to the destructiveness of his behavior. The Prosper message boards are peopled with some extremely savvy financial experts, “and they make it a point to call you out on certain things you mention in your loan request,” Garza says. He spent three years in credit counseling, but it was only on the Prosper message boards that he’d learned some of the very basic facts about money — “Don’t spend money on things I can’t afford,” Garza says. He explains that he’s been paying off his various debts diligently since he came on to the site. “The fact that there’s this site changed the way I think about money. Everything I learned about money is due to Prosper.”

I don’t know whether to believe Garza’s tale of conversion-by-Prosper. It will be some time, perhaps, before it’s possible to tell whether the site made any difference to his financial life. But early in May, Garza posted his final loan request on Prosper, asking for just $1,000 at a rate of 23.75 percent. “I would like to take out this loan to help my credit. I have a very bad rating and I am not going to blame anyone other than myself for it,” he wrote. Twelve people got together and funded his loan.

At the moment, this is a rarity on Prosper — people with credit ratings of H.R. seldom find funding. Some observers think this might be a permanent feature of the marketplace. “There are some consumers who have no credit or extremely bad credit who will be hard-pressed to find anyone on Prosper who’ll take a risk on them,” says Jennifer Tescher, director of the Center for Financial Services Innovation.

Some lenders I spoke to said they were opposed to Prosper becoming a haven for people with low credit scores. They were afraid other lenders might flee if borrowers with low credit ratings continue to obtain loans and then default on their commitments. (When borrowers default, Prosper contracts with a collection agency to try to get back the money.) There is some logic to this. At the moment, the idea of trading money with strangers might sound, to many people, fairly scary, and maybe the best way to encourage lenders to put their money in Prosper would be to keep people like Garza away from the site.

Prosper has taken many measures to combat fraud and mischief. The company complies with state lending laws that set maximum interest rates lenders can get for their loans — the rate runs from a low of 6 percent in Pennsylvania to a high of 24 percent in several states; you can’t charge someone a payday-loan-comparable 400 percent rate on Prosper. Prosper is also subject to regulation by the Federal Reserve and the Federal Trade Commission, and must also comply with the federal Truth in Lending Act and the Equal Credit Opportunity Act, which prohibits racial and gender discrimination.

Larsen has faith in what he thinks of as Prosper’s main asset — the sense of community it fosters between lenders and borrowers. In fact, the site attempts to cultivate community by encouraging both lenders and borrowers to join affinity groups. On Prosper, you can declare an affiliation to any number of organizations — there are Prosper groups for Harvard alumni, for people from Guam, for Christians, for people who love Apple computers, and many more. Larsen points out that you can get better rates on your lending and borrowing if you belong to a group, but if you default on your obligations, your actions will adversely impact others in the group. This is meant to keep borrowers in line. The idea is that people who belong to a group will feel an enhanced obligation to pay back a loan to remain in the good graces of their fellow Apple users or Harvard alumni.

This sort of peer pressure has long been used as a tool to goad borrowers into paying back micro-loans in the developing world. It reflects, says Elizabeth Warren of Harvard, an axiom of money lending. “Making decisions about whom to repay when you’re in financial trouble is less about law and more about social relationships,” she points out. Every one of the Prosper borrowers I spoke to agreed on this point. They were all so grateful to the people who’d taken a chance on them that they put their Prosper loans ahead of any other debt they had to repay.

And that goes for Garza. “I swear to God, it’s been a revelation to me,” he says of his experience on Prosper. “I swear, it’s the best thing that’s happened to me on the Internet.”

Consumers boost borrowing in November

Americans borrowed more in November, but the gains did little to move the needle on record low consumer credit

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Consumers boost borrowing in NovemberFILE - This file photo taken Nov. 18, 2009, a pile of MasterCard and VISA credit cards are displayed in Frankfurt, Germany. A sweater you buy for Christmas goes on sale for half price the next day. You might be able to get the difference back if you paid with a credit card.(AP Photo/Jochen Krause, File)(Credit: AP)

Americans increased the amount of money they borrowed in November, mostly to buy cars and attend college. But the second straight month of gains barely raised consumer credit above its lowest point in four years.

Consumer debt rose $1.3 billion in November, the Federal Reserve said Friday. That follows a revised $7 billion increase in October.

The increase pushed overall borrowing to an annual rate of $2.4 trillion. That’s not much higher than the $2.39 trillion rate from September — the lowest point since January 2007. It’s 6.9 percent below the $2.58 trillion high point hit in July 2008.

The figures are not adjusted for inflation.

Households have been borrowing less and saving more since the recession began in December 2007. This has been a major factor holding back overall economic growth because it has dampened consumer spending. Consumers account for 70 percent of total economic activity.

The strength in November came in the category that includes auto loans and student loans. The category that includes credit card debt fell for a record 27th month, although the November drop was smaller than the previous four months.

Borrowing in area of student loans and credit cards rose 4.2 percent in November after a 9.4 percent advance in October.

Consumers borrowed 6.3 percent less on their credit cards in November following a decline of 8.1 percent in October.

 

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How starving the beast makes us fat

Credit and debit cards inspire impulsive shopping -- just as irresponsible tax cuts increase the size of government

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How starving the beast makes us fat(Credit: Leung Cho Pan)

No pain; weight gain! As the American love affair with credit and debit cards has burgeoned over the last few decades so have our waistlines! And guess what — the correlation may not be a coincidence.

I confess, I originally followed a link from Credit Slips’ Katie Porter to the forthcoming Journal of Consumer Reports paper “How Credit Card Payments Increase Unhealthy Food Purchases: Visceral Regulation of Vices” because it reminded me of the so-far totally false “starve-the-beast” theory, which pretends that cutting taxes will lead inevitably to smaller government. But I ended up falling in love with the paper on its own merits, aside from any possible relevance to tax cut shenanigans. After all, if there is one thing that I am a true expert on, it is the sad reality that “the depletability of cognitive resources” often leads to a failure to fend off our “visceral responses to vice products.” Or, more colloquially, when we don’t think things through, we tend to splurge on that extra order of fries.

In their paper, researchers Manoj Thomas (an assistant professor of marketing at Cornell), Kalpesh Kaushik Desai (an associate professor of marketing at State University of New York, Binghamton) and Satheeshkumar Seenivasan (a doctoral candidate at State University of New York, Buffalo) make a pretty authoritative case that grocery shoppers who pay with credit or debit cards tend to purchase larger quantities of unhealthy food. Basically, when you pay with cash, the theory goes, you tend to weigh your purchases more carefully. Credit and debit cards, on the other hand, seem to encourage impulsive behavior. Or, as the authors put it, “the abstract and emotionally inert nature of card payments … reduce the pain of payment.” Whereas, cash hurts , and “visceral responses such as feelings of pain can extinguish consumptive desires. With the extinction of desire, vice products no longer seem so appealing.

(I think the Buddha taught something along those lines, though I’m not sure he backed it up with peer-reviewed data. Read between the lines, and not only will you shed some pounds, but you could also avoid some disastrous relationships.)

The argument jibes very nicely with the explanation for why, historically, tax cuts that are not matched by spending cuts actually result in increased government spending — for the citizenry as a whole, the pain of payment for products received has been eliminated. When we receive government services without paying their full cost, we consume more such services. If every spending initiative had to be matched by a tax hike or cut elsewhere in the budget, we would end up behaving much more frugally. But starving the beast just makes us more profligate.

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

The credit card pound of flesh gets pricier

As expected, banks respond to a crackdown on their abusive behavior by raising rates. But we're still better off

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The credit card pound of flesh gets pricier

It is no coincidence that the Wall Street Journal chose to mark the moment new rules kicked in that clamp down on abusive credit card practices by running a front page story declaring that credit card interest rates are on the rise.

On Aug. 22, the final phase of the Credit Card Accountability, Responsibility and Disclosure Act of 2009 came into effect, instituting new limits on penalty fees and other requirements. (US News & World Report has a good breakdown on the changes here.)

On Aug. 23, the Wall Street Journal reports, citing data covering the second quarter of 2010,  “issuers responded by pushing card rates to their highest level in nine years.”

The juxtaposition jibes all too nicely with the warning frequently voiced on the Journal’s opinion pages that any attempt to reduce credit card company profits by clamping down on exorbitant fees or arbitrary, outrageous interest rate hikes would be answered by higher across-the-board interest rates and scarcer cheap credit.

To her credit, Journal reporter Ruth Simon gives some room to people pushing back on this thesis. First, there’s New York Democratic Rep. Carolyn Maloney, the sponsor of the CARD Act:

Rep. Carolyn Maloney (D-NY), said that despite the rising rates, the law benefits consumers because it eliminates unwelcome surprises and provides them with a clear picture of the costs they will face. “Better that consumers should know up-front what the interest rate is, even if it’s higher, than to be soaked on the back-end by tricks and hidden fees.”

Then there’s the kicker, in which a banking lobbyist notes that, once the economy improves, competition will inevitably offer borrowers lower rates.

“This is a very competitive industry,” says Kenneth Clayton, senior vice president at the American Bankers Association, a trade group. “Somebody will take advantage of lower defaults to drive prices down.”

In fact, it will be easier for banks to compete, and for borrowers to choose. A lower interest rate, in theory, will mean exactly that: a lower interest rate, instead of an interest rate that is only lower because the bank intends to make up for lost profits with an avalanche of fees.

The Journal doesn’t give us too much detail on the new rules. Let’s pick out just two: Late fees can no longer be larger than your minimum payment, and you can’t be charged multiple fees for a single transgression.

For example, under the old rules, you could miss a $10 minimum payment, and get slapped with a $30 fine. And if the $30 fine happened to knock you above your credit limit, you could get hit with another fee for breaking that rule, too.

Maloney is right: Getting upfront information about how much your credit will really cost is a feature, not a bug, of the new rules. And if that means less accessibility to cheap credit, is that entirely a bad thing? The illusion that money was cheap fostered bad behavior at every level of the U.S. economy prior to the great credit crunch. Now, as documented by the Federal Reserve Bank of New York’s quarterly report on household debt and credit, Americans have been closing their credit card accounts and paying off their outstanding debt. Perhaps if credit had been more expensive to begin with, we wouldn’t have gotten in so far over our heads. And perhaps the real reason that the credit card companies are raising their rates has more to do with the fact that prudent consumer behavior is cutting into their bottom lines, than to the new rules.

And yes, of course the banks will find ways to game the new rules. But that’s why we now have a Bureau of Consumer Financial Protection to guard our backs. So let’s get Elizabeth Warren on the job, pronto!

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

Credit card issuers still gaming the system

People who make minimum payments rack up huge debt via regulatory loophole

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Credit card issuers are still playing “gotcha” with customers.

Landmark reforms this year were intended to stop billing practices that gouge unwitting consumers. Yet banks are hanging onto a tactic that ensures borrowers rack up as much as possible in interest charges.

The practice in question comes into play whenever portions of a cardholder’s balance carry different interest rates. Cash advances, for example, can come with dramatically higher interest rates than purchases. At Bank of America, it’s about 24 percent versus as low as 13 percent.

From the consumer’s perspective, it makes more sense to pay down the higher interest rate balance first, because it rises at a faster pace.

Before the reforms went into effect, however, banks would apply any payments first to balances with the lowest rate. This ensured that the costlier balance kept fattening up for as long as possible.

The tactic was among those targeted by regulators. The new credit card law, which took effect in February, specifies that any payments above the minimum must first be applied to the balance with the higher interest rate.

The key phrase? “Above the minimum”

That means minimum payments can still be applied to the lower rate balances.

And that’s exactly what the biggest credit card issuers are doing, including American Express, Capital One and Chase. Customers can’t request that a payment be applied any differently.

Although it’s legal, the practice undermines the spirit of the credit card reforms, notes Odysseas Papadimitriou, CEO of CardHub.com.

“Why should any part of a payment be applied in an unfair way, especially for people who can only afford to make the minimum payment?” said Papadimitriou.

The loophole was probably the result of regulatory compromise by lawmakers, said Ruth Susswein of Consumer Action. She said most customers don’t realize that banks apply payments to their disadvantage, and are infuriated when they find out.

Bank of America, the country’s largest bank, noted that the policy is clearly stated in its cardholder agreements and did not provide further explanation. The Charlotte, N.C. company earlier this year touted a new effort to build customer trust with more transparent policies.

American Express spokeswoman Desiree Fish also noted that the policy is standard industry practice, and is compliant with the reforms.

Minimum payments are usually about 2 percent to 4 percent of the balance, or a flat dollar amount. At Discover, for example, it’s 2 percent of the balance or $40, whichever is greater.

At Discover, the cardholder agreement states that any payments up to the minimum will be applied “at our discretion, including in a manner most favorable or convenient for us.”

Spokesman Matt Townson confirmed that meant payments go to the lowest interest rate balances first.

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If you have a consumer comment or question, please e-mail Candice Choi at cchoi(at)ap.org.

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South Dakota’s healthcare lesson

Allowing insurance providers to sell across state lines guarantees a bad result, for the consumer

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In one tidy post today, Ezra Klein explains why the GOP proposal to allow health insurance companies to operate across state lines is a terrible idea, and why South Dakota senator Tim Johnson was the only Democrat to vote against the Credit Card Accountability, Responsibility, and Disclosure Act of 2009.

Well, actually, Klein doesn’t mention Johnson by name. But he does explain why Citibank’s credit card business is headquartered in South Dakota, which is the primary reason Johnson carries the industry’s water. In 1978, the Supreme Court ruled that banks could charge interest rates as high as they wanted to any customer in the country, governed only by the laws of the state in which they were headquartered. New York had relatively tough usury laws, so in 1980 Citibank went shopping for a new headquarters.

According to the recollection of South Dakota’s governor, Bill Janklow, after the bank convinced him a change in the laws would bring jobs to the state, Citibank drafted a law revoking usury limits and the legislature passed it in within 24 hours. Citibank promptly relocated its credit card business. The move set off a chain reaction, as other states strove to duplicate South Dakota’s success by promptly getting rid of their own usury laws.

The same kind of chain reaction, argues Klein, would take place if Congress allowed health insurers to sell across state lines. Insurers would cluster in states with minimal regulation and with predictable results, according to an analysis conducted by the Congressional Budget Office in 2005.

Klein:

The legislation “would reduce the price of individual health insurance coverage for people expected to have relatively low health care costs, while increasing the price of coverage for those expected to have relatively high health care costs,” CBO said. “Therefore, CBO expects that there would be an increase in the number of relatively healthy individuals, and a decrease in the number of individuals expected to have relatively high cost, who buy individual coverage.”

That is to say, the legislation would not change the number of insured Americans or save much money, but it would make insurance more expensive for the sick and cheaper for the healthy, and lead to more healthy people with insurance and fewer sick people with insurance. It’s a great proposal if you don’t ever plan to be sick, and if you don’t mind finding out that your insurer doesn’t cover your illness. And it’s the Republican plan for health-care reform.

(Note: While researching this post after reading Klein, I discovered that LaRae Meadows, an OpenSalon blogger, published almost exactly the same enlightening information back in September. Nice work!)

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

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