An Overview of Consumer Data and Credit Reporting
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What the United States Can Learn from the New French Law on Consumer Overindebtedness
Michigan Journal of International Law Volume 26 Issue 2 2005 La Responsabilisation de L'economie: What the United States Can Learn from the New French Law on Consumer Overindebtedness Jason J. Kilborn Louisiana State University Paul M. Hebert Law Center Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Bankruptcy Law Commons, Comparative and Foreign Law Commons, Consumer Protection Law Commons, and the Legislation Commons Recommended Citation Jason J. Kilborn, La Responsabilisation de L'economie: What the United States Can Learn from the New French Law on Consumer Overindebtedness, 26 MICH. J. INT'L L. 619 (2005). Available at: https://repository.law.umich.edu/mjil/vol26/iss2/3 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. LA RESPONSABILISATION DE L'ECONOMIE:t WHAT THE UNITED STATES CAN LEARN FROM THE NEW FRENCH LAW ON CONSUMER OVERINDEBTEDNESS Jason J. Kilborn* I. THE DEMOCRATIZATION OF CREDIT IN A CREDITOR-FRIENDLY LEGAL SYSTEM ......................................623 A. Deregulationof Consumer Credit and the Road to O ver-indebtedness............................................................. 624 B. A Legal System Ill-Equipped to Deal with Overburdened Consumers .................................................627 1. Short-Term Payment Deferrals ...................................628 2. Restrictions on Asset Seizure ......................................629 3. Wage Exem ptions .......................................................630 II. THE BIRTH AND GROWTH OF THE FRENCH LAW ON CONSUMER OVER-INDEBTEDNESS ............................................632 A. -
Divest Invest February 2018 (Compressed)
Divest from the past, invest in the future. www.divestinvest.org Disclaimer: Divest Invest assumes no legal or financial responsibility for the practices, products, or services of any businesses listed. The funds listed are examples, not recommendations. Please read all materials carefully prior to investing. This presentation will cover: • What the Paris Agreement means for investors 3 • What is Divest Invest 7 • Divest Invest is the prudent financial choice 12 • Divest Invest fulfills fiduciary duty 21 • Fossil free investing: from niche to mainstream 27 • Divest Invest options for every asset class 31 2 What the Paris Agreement means for investors WHAT THE PARIS AGREEMENT MEANS FOR INVESTORS Under the Paris Agreement, world governments commit to keep global temperature rise to well below 2°C and to pursue efforts to limit it to 1.5°C. To achieve this, up to 80% of fossil fuel reserves can’t be burned. They are stranded assets whose economic value won’t be realized. Investors are sitting on a carbon bubble. Climate risks, including stranded assets, pose a material threat to investor portfolios now, say a growing chorus of financial regulators, asset managers, analysts, policymakers and … oil companies: 4 WHAT THE PARIS AGREEMENT MEANS FOR INVESTORS The Paris Agreement Mark Carney Warns Investors Face signals to markets that ‘Huge’ Climate Change Losses (9/29/15) the global clean energy transition is underway and accelerating. Shell CEO Ben Van Beurden Has Seen Prudent investors are The Future—And It’s Several Shades heeding the call. -
USDA Single Family Housing Guaranteed Loan Program
USDA Single Family Housing Guaranteed Loan Program No down payment loans for rural borrowers with incomes below 115 percent of area median income as defined by USDA BACKGROUND AND PURPOSE BORROWER CRITERIA The U.S. Department of Agriculture’s (USDA) Income limits: This program is limited to borrowers Single Family Housing Guaranteed Loan Program with incomes up to 115 percent of AMI (as defined by (Guaranteed Loan Program) is designed to serve eli- USDA). Approximately 30 percent of Guaranteed Loans gible rural residents with incomes below 115 percent are made to families with incomes below 80 percent of of area median income or AMI (see USDA definition in AMI. An applicant must have dependable income that overview) who are unable to obtain adequate hous- is adequate to support the mortgage. ing through conventional financing. Guaranteed Loans Credit: Borrowers must have reasonable credit his- are originated, underwritten, and closed by a USDA tories and an income that is dependable enough to approved private sector or commercial lender. The support the loans but be unable to obtain reasonable Rural Housing Service (RHS) guarantees the loan at credit from another source. 100 percent of the loss for the first 35 percent of the original loan and 85 percent of the loss on the remain- First-time homebuyers: If funding levels are limited ing 65 percent. The program is entirely supported by near the end of a fiscal year, applications are prioritized the upfront and annual guarantee fees collected at the to accommodate first-time homebuyers. time of loan origination. Occupancy and ownership of other properties: The dwelling purchased with a Guaranteed Loan must be PROGRAM NAME Single Family Housing Guaranteed Loan Program AGENCY U.S. -
How to Find the Best Credit Card for You
How to find the best credit card for you Why should you shop around? Comparing offers before applying for a credit card helps you find the right card for your needs, and helps make sure you’re not paying higher fees or interest rates than you have to. Consider two credit cards: One carries an 18 percent interest rate, the other 15 percent. If you owed $3,000 on each and could only afford to pay $100 per month, it would cost more and take longer 1. Decide how you plan to pay off the higher-rate card. to use the card The table below shows examples of what it might You may plan to pay off your take to pay off a $3,000 credit card balance, paying balance every month to avoid $100 per month, at two different interest rates. interest charges. But the reality is, many credit card holders don’t. If you already have a credit card, let APR Interest Months history be your guide. If you have carried balances in the past, or think 18% = $1,015 41 you are likely to do so, consider 15% = $783 38 credit cards that have the lowest interest rates. These cards typically do not offer rewards and do not The higher-rate card would cost you an extra charge an annual fee. $232. If you pay only the minimum payment every month, it would cost you even more. If you have consistently paid off your balance every month, then you So, not shopping around could be more expensive may want to focus more on fees and than you think. -
Single Family Home Loan Guarantees
Together, America Prospers Single Family Home Loan Guarantees What does this Who may apply for this program? What are applicant qualifications? Applicants must: • Income. Non-Self-Employed: program do? One-year history required. • Have a household income that does not exceed 115% of median Self-Employed and Seasonal: This no downpayment, household income.* Two-year history required. 100% financing program assists • Agree to occupy the dwelling as • Assets. No downpayment or approved lenders in providing their primary residence. reserves required. low- and moderate-income • Be a U.S. citizen, U.S. non-citizen • Credit. Must demonstrate a households the opportunity to national, or Qualified Alien. willingness and ability to repay debts. No set score requirement. • Be unable to obtain conventional own adequate, modest, decent, Alternative credit allowable for those financing with no private mortgage safe and sanitary dwellings as with no traditional credit. insurance (PMI). their primary residence in eligible • Monthly housing payment. Total • Not be suspended or debarred from payment (principal, interest, taxes, rural areas. participation in federal programs. insurance, HOA dues, RD annual fee) typically should not exceed Eligible applicants may purchase What properties are eligible? 29% of gross monthly income. existing homes (which may • Must be located within an eligible • All monthly debt payments. All rural area.* include costs to rehabilitate, payments included on credit report, • Must be a single-family dwelling including proposed new mortgage improve or relocate the dwelling) (may include detached, attached, payment, typically should not exceed or build new. PUD, condo, modular, and 41% of gross monthly income. manufactured). Student loan payments. Fixed USDA provides a loan note • Must meet HUD 4000.1 payment: use actual payment or 1% of loan balance. -
Bankruptcy Futures: Hedging Against Credit Card Default
CONSUMER LENDING Bankruptcy Futures: Hedging Against Credit Card Default by Russ Ray his article discusses the new bankruptcy futures contract to be launched by the Chicago Mercantile Exchange and examines the mechanics and contract specifications of this innovation, illus- trating its hedging potential in the process. ometime during the latter half of 1999 or early Credit-card debt is becoming particularly burden- 2000, the Chicago Mercantile Exchange intends some. The average credit-card balance is approximately to launch an innovative new futures contract that $2,500, with typical households having at least three dif- will offer consumer-lending institutions, particularly ferent bank cards. The average card holder also uses six credit-card issuers, a hedge against the bankruptcies additional cards at service stations, department stores, filed by their borrowers. Bankruptcy futures—contracts specialty stores, and other vendors issuing their own cred- to buy or sell a cash-valued index based upon the cur- it cards. rent number of actual bankruptcies—will enable con- Commensurate with such increases in consumer sumer lenders to transfer default risk to other lenders debt is an ever-growing rise in consumer bankruptcies, and/or speculators holding opposite expectations. which, in turn, represent an ever-increasing proportion Significantly, this new contract also constitutes a proxy of total bankruptcies. In 1998, 96.9% of all bankruptcy variable for banks' confidence in the value and liquidity filings were personal—not business—bankruptcies. (In of their own loan portfolios, just as other proxy vari- terms of dollar volume, however, businesses continue to ables now measure consumer and investor confidence. -
Consumer Credit Access in France and America Working Paper
Regulating for Legitimacy: Consumer Credit Access in France and America Gunnar Trumbull Working Paper 11-047 Copyright © 2010 by Gunnar Trumbull Working papers are in draft form. This working paper is distributed for purposes of comment and discussion only. It may not be reproduced without permission of the copyright holder. Copies of working papers are available from the author. Regulating for Legitimacy: Consumer Credit Access in France and America Gunnar Trumbull November 2010 Abstract Theories of legitimate regulation have emphasized the role of governments either in fixing market failures to promote greater efficiency, or in restricting the efficient functioning of markets in order to pursue public welfare goals. In either case, features of markets serve to justify regulatory intervention. I argue that this causal logic must sometimes be reversed. For certain areas of regulation, its function must be understood as making markets legitimate. Based on a comparative historical analysis of consumer lending in the United States and France, I argue that national differences in the regulation of consumer credit had their roots in the historical conditions by which the small loan sector came to be legitimized. Americans have supported a liberal regulation of credit because they have been taught that access to credit is welfare promoting. This perception emerged from an historical coalition between commercial banks and NGOs that promoted credit as the solution to a range of social ills. The French regulate credit tightly because they came to see credit as both economically risky and a source of reduced purchasing power. This attitude has its roots in the early postwar lending environment, in which loans were seen to be beneficial only if they were accompanied by strong government protections. -
Money Talks, Banks Are Talking: Dakota Access Pipeline Finance Aftermath
UCLA The Indigenous Peoples’ Journal of Law, Culture & Resistance Title Money Talks, Banks are Talking: Dakota Access Pipeline Finance Aftermath Permalink https://escholarship.org/uc/item/1043285c Journal The Indigenous Peoples’ Journal of Law, Culture & Resistance, 6(1) ISSN 2575-4270 Authors Cook, Michelle MacMillan, Hugh Publication Date 2020 DOI 10.5070/P661051237 eScholarship.org Powered by the California Digital Library University of California MONEY TALKS, BANKS ARE TALKING: Dakota Access Pipeline Finance Aftermath Michelle Cook* and Hugh MacMillan+ Abstract This Article provides a Dakota Access Pipeline (DAPL) finance and divestment campaign retrospective. The Article explains: 1) how DAPL was financed, highlighting the dynamic in which banks take fees for the privilege of financing and refinancing pipeline debt; and 2) how joint venture ownership structures and corporate finance arrangements buffered against efforts to hold DAPL banks accountable. At the same time, many of the same banks finance gun industry and prison industry growth, alongside increased police militarization. Although, intersec- tional visibility of these financial ties is a start, victims of the financial industry lack enforceable corporate accountability mechanisms for seek- ing redress. DAPL banks managed to deflect divestment pressure and avoid meaningful remedial actions. These observations point to the need for systemic changes in corporate accountability mechanisms but also to reclaim and reimagine a world outside of capital, of future self-de- termined -
Securitization Continues to Grow As a Funding Source for the Economy, with RMBS
STRUCTURED FINANCE SECTOR IN-DEPTH Structured finance - China 25 March 2019 Securitization continues to grow as a funding source for the economy, with RMBS TABLE OF CONTENTS leading the way Summary 1 China's securitization market Summary continues to grow, providing an increasing share of debt funding for The share of debt funding for the Chinese economy provided by securitization continues the economy 2 to grow, driven in large part by the growing issuance of structured finance deals backed by Securitization market is evolving as consumer debt such as residential mortgages and auto loans. funding needs change, with consumer debt a growing focus 4 » China's securitization market continues to grow, providing an increasing share RMBS and auto ABS issuance of debt funding for the economy. Securitization accounted for 4.6% of total debt growing, but credit card, micro-loan and CLO deals in decline 5 capital market new issuance for the Chinese economy in 2018, up from 3.7% in 2017. Market developments support further At the end of 2018, the total value of outstanding securitization notes stood at RMB2.7 growth 10 trillion, making China the largest securitization market in Asia and the second largest in Moody’s related publications 12 the world behind the US. However, while it continues to grow, securitization still provides a relatively small share of total debt financing for the Chinese economy compared with Contacts what occurs in the US and other more developed markets. Gracie Zhou +86.21.2057.4088 » Securitization market is evolving as funding needs change, with consumer debt a VP-Senior Analyst growing focus. -
Interest Rates, Interest Charges, and Fees – Platinum Card Interest Rates and Interest Charges Annual Percentage Rate 14.99% to 22.99%, Based on Your Creditworthiness
Interest Rates, Interest Charges, and Fees – Platinum Card Interest Rates and Interest Charges Annual Percentage Rate 14.99% to 22.99%, based on your creditworthiness. (APR) for Purchases This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 0.00% Introductory APR for the first fifteen months. After that, your APR will be 14.99% to 22.99%, based on your creditworthiness. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 24.99% This APR will vary with the market based on the Prime Rate. Penalty APR and When it None Applies Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Consumer Financial visit the website of the Consumer Financial Protection Bureau at Protection Bureau http://www.consumerfinance.gov/learnmore/. Fees Annual Fee None Transaction Fees • Balance Transfer Either $10 or 4% of the amount of each transfer, whichever is greater. • Cash Advance Either $10 or 4% of the amount of each cash advance, whichever is greater. • Foreign Transaction 3% of the U.S. Dollar amount of each such transaction. -
Over 100 Global Financial Institutions Are Exiting Coal, with More to Come Every Two Weeks a Bank, Insurer Or Lender Announces New Restrictions on Coal
Tim Buckley 1 Director of Energy Finance Studies, Australasia 27 February 2019 Over 100 Global Financial Institutions Are Exiting Coal, With More to Come Every Two Weeks a Bank, Insurer or Lender Announces New Restrictions on Coal Executive Summary Today, over 100 globally significant financial institutions have divested from thermal coal, including 40% of the top 40 global banks and 20 globally significant insurers. Momentum is building. Since January 2018, a bank or insurer announced their divestment from coal mining and/or coal-fired power plants Global capital is fleeing every month, and a financial institution the coal sector. who had previously announced a divestment/exclusion policy tightened This is no passing fad. up their policy to remove loopholes, every two weeks. In total, 34 coal divestment/restriction policy announcements have been made by globally significant financial institutions since the start of 2018. In the first nine weeks of 2019, there have been five new announcements of banks and insurers divesting from coal. Global capital is fleeing the thermal coal sector. This is no passing fad. Since 2013 more than 100 global financial institutions have made increasingly tight divestment/exclusion policies around thermal coal. When the World Bank Group moved to exit coal in 2013, the ball started rolling. Following, Axa and Allianz become the first global insurers to restrict coal insurance and investment respectively in 2015, and their policies have subsequently been materially enhanced. Next, some 35 export credit agencies (ECA) released a joint statement agreeing to new rules restricting coal power lending. In the same year, the China-led Asian Infrastructure Investment Bank trumpeted its global green credentials with the Chairman confirming the Bank was in practice ruling out finance for coal-fired power plants. -
New Credit Card Rules
WHAT YOU NEED TO KNOW: New Credit Card Rules The Federal Reserve’s new rules for credit card companies mean new credit card protections for you. Here are some key changes you should expect from your credit card company beginning on February 22, 2010. What your credit card company has to tell you When they plan to increase your rate or other fees. Your credit card company must send you a notice 45 days before they can increase your interest rate; change certain fees (such as annual fees, cash advance fees, and late fees) that ap- ply to your account; or make other signifi cant changes to the terms of your card. If your credit card company is going to make changes to the terms of your card, it must give you the option to cancel the card before certain fee increases take effect. If you take that option, however, your credit card company may close your account and increase your monthly payment, subject to certain limitations. For example, they can require you to pay the balance off in fi ve years, or they can double the percentage of your balance used to calculate your minimum payment (which will result in faster repayment than under the terms of your account). The company does not have to send you a 45-day advance notice if you have a variable interest rate tied to an index; if the index goes up, the company does not have to provide notice before your rate goes up; your introductory rate expires and reverts to the previously disclosed “go-to” rate; your rate increases because you are in a workout agreement and you haven’t made your payments as agreed.